reglab/statecodes huggingface dataset:
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-4 - AIRCRAFT ACQUISITION, ASSIGNMENT, OPERATION, USE AND REPORTING › Section 60B-4.005 - Operation and Maintenance Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				Aircraft will be operated and maintained in accordance with Parts 43, 61 and 91
				of the Federal Aviation Regulations and other parts thereof covering operation
				of standard category aircraft in non-commercial operations.
(b) Upon approval of the Division of Motor
				Pool, special purpose aircraft received through federal excess programs or the
				Florida Contraband Forfeiture Act may be exempted from the maintenance
				requirements of paragraph (1)(a) of this rule. Such aircraft shall be
				maintained in accordance with standards which equal or exceed Federal Aviation
				Administration requirements for standard category aircraft operated in
				non-commercial service.
(c) Minimum
				training and experience requirements for pilot-in-command may be established
				jointly by the Bureau of Aircraft and the operating agency in consideration of
				the class of aircraft operated and the complexity of
				operations.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-4 - AIRCRAFT ACQUISITION, ASSIGNMENT, OPERATION, USE AND REPORTING › Section 60B-4.006 - State Executive Aircraft Pool

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Purpose.
The executive aircraft pool is established within the Bureau
				  of Aircraft to provide a means of travel which can enable officials and
				  employees to maximize the productivity of their offices by limiting
				  non-productive travel time.
The aircraft assigned shall be of a type capable of safe and
				  reliable flight during night or instrument conditions. They shall be available
				  on request either to meet pre-planned trip requirements, or those of an
				  unforeseen or emergency nature.
(2) Appropriate use.
It shall be the responsibility of the head of any agency or
				  legislative entity requesting the use of, or requesting travel in, an aircraft
				  of the executive aircraft pool, to ensure that all such use or travel is in
				  compliance with state law. Agency records maintained shall provide evidence of
				  such compliance.
(3)
				Scheduling.
(a) Top priority for use of the
				jet aircraft shall be for the Governor's travel and state economic development
				purposes.
(b) Other trip requests
				will be scheduled on a first-call, first-served basis, except that when an
				insufficient number of aircraft are available, the following scheduling
				priorities will be exercised:
First priority-the Governor, the Lt. Governor, a Cabinet
				  Officer, the Speaker of the House of Representatives, the President of the
				  Senate, the Chief Justice of the Supreme Court.
Second priority - Justices of the Supreme Court, appointed
				  secretaries and executive directors of the executive branch, chairpersons of
				  standing committees of the Legislature, and the chairpersons of the Public
				  Service Commission and the Parole Commission.
Third priority - other authorized
				  persons.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-4 - AIRCRAFT ACQUISITION, ASSIGNMENT, OPERATION, USE AND REPORTING › Section 60B-4.007 - Energy Conservation Policy (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 287.16(5) FS.
					 Law Implemented 287.16,
					 287.161,
					 287.17,
					 287.20
					 FS.
New 11-28-83, Formerly 13B-6.07, 13B-6.007, Repealed
					 3-2-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-4 - AIRCRAFT ACQUISITION, ASSIGNMENT, OPERATION, USE AND REPORTING › Section 60B-4.008 - Reports and Records

Current through Reg. 50, No. 138; July 16, 2024
(1) On forms or
				other means provided or approved by the Division of Motor Pool, agencies
				owning, operating, chartering, leasing, renting, or otherwise having possession
				or control of aircraft will furnish the Division of Motor Pool with a complete
				record of all aircraft activities including:
(a) Certification on aircraft trip logs of
				the dates, times, purposes, departures and landing points of each flight and
				the identity, boarding point and destination of each person on board.
(b) The fixed and variable expenses related
				to the ownership, operation and use of aircraft.
(c) Certification by the agency head or
				his/her designee that the records and information furnished have been reviewed
				for compliance with all provisions of this chapter and with applicable
				law.
(d) Other operational data or
				estimates of planned use requirements and expenditures.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-3 - PROCEDURES FOR DELEGATION OF SUPERVISORY AUTHORITY FOR THE EQUIPPING, REPAIR, ALTERATION AND CONSTRUCTION OF FIXED CAPITAL OUTLAY PROJECTS › Section 60D-3.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.30 FS. Law Implemented
					 255.30
					 FS.
New 2-10-76, Formerly 13D-9.01, Amended 12-24-90, Formerly
					 13D-9.001, Repealed 12-27-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-3 - PROCEDURES FOR DELEGATION OF SUPERVISORY AUTHORITY FOR THE EQUIPPING, REPAIR, ALTERATION AND CONSTRUCTION OF FIXED CAPITAL OUTLAY PROJECTS › Section 60D-3.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Department": The Department of
				Management Services.
(2)
				"Division": The Division of Real Estate Development and Management of the
				Department of Management Services.
(3) "Agency": Any Department of the State of
				Florida, other than the Department of Management Services, for which the
				Division is empowered by statute to administer the construction of
				facilities.
(4) "Pool facility": A
				facility which is part of the Florida Facilities Pool.
Rulemaking Authority
					 255.30 FS. Law Implemented
					 255.30
					 FS.
New 2-10-76, Formerly 13D-9.02, Amended 3-18-86, 12-24-90,
					 Formerly 13D-9.002.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-3 - PROCEDURES FOR DELEGATION OF SUPERVISORY AUTHORITY FOR THE EQUIPPING, REPAIR, ALTERATION AND CONSTRUCTION OF FIXED CAPITAL OUTLAY PROJECTS › Section 60D-3.003 - Project Eligibility

Current through Reg. 50, No. 138; July 16, 2024
Projects in the following areas, other than pool facility
				  projects, shall be eligible for delegation by the Department of Management
				  Services to other State Agencies based on their capability for project
				  administration.
(1) Procurement of
				equipment and services or specialist consultant services.
(2) Repair, replacements, or
				alterations.
(3) New
				construction.
Specific Authority
					 255.30 FS. Law Implemented
					 255.30
					 FS.
New 2-10-76, Formerly 13D-9.03, Amended 3-18-86, 12-24-90,
					 Formerly 13D-9.003.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-3 - PROCEDURES FOR DELEGATION OF SUPERVISORY AUTHORITY FOR THE EQUIPPING, REPAIR, ALTERATION AND CONSTRUCTION OF FIXED CAPITAL OUTLAY PROJECTS › Section 60D-3.004 - Delegation Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) Each agency
				shall initially certify its own administrative capability to properly handle in
				a timely and efficient manner, the authority it has requested. This
				certification shall be clearly stated by the agency in its request. Staff
				experience, credentials, and workload must be addressed. The method to be used
				by the Agency and control measures to be effected must be outlined. The
				Director of the Division will review the request and make recommendations to
				the Secretary of the Department for or against delegation. The Secretary will
				review the recommendations and will grant or deny the request based on his
				evaluation of the information supplied to him.
(2) The Agency shall review and report upon
				its work progress, at least semi-annually, to the Division as evidence that its
				staff is handling their delegated authority in a timely and efficient manner.
				Failure to pursue the project diligently or to report work progress shall be
				grounds for the Division to rescind its authority.
(3) If delegation is to be granted, the
				Agency will be notified of the decision in writing and shall enter into an
				agreement with the Department confirming its commitment to comply with the
				terms and conditions of the delegation action.
Specific Authority
					 255.30 FS. Law Implemented
					 255.30
					 FS.
New 2-10-76, Amended 4-8-85, Formerly 13D-9.04, Amended
					 12-24-90, Formerly 13D-9.004.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-3 - PROCEDURES FOR DELEGATION OF SUPERVISORY AUTHORITY FOR THE EQUIPPING, REPAIR, ALTERATION AND CONSTRUCTION OF FIXED CAPITAL OUTLAY PROJECTS › Section 60D-3.005 - Terms and Conditions of Delegations

Current through Reg. 50, No. 138; July 16, 2024
(1)
				In each instance, based on Agency resources and capability, the Department will
				establish terms and conditions of delegation; these will be set forth in an
				agreement to be made between the Department and the Agency. The Agency will be
				responsible for ensuring that all funds encumbered under the authority are
				administered in accordance with the agreement and in accordance with all
				applicable statutory requirements. Fiscal accounting will be provided in
				accordance with Rule  60D-3.006, F.A.C.
(2) Terms and conditions of delegation will
				be established in the agreement by category with respect to project type and
				will provide varying degrees of authority with respect to administration of
				fixed capital outlay projects. The categories of delegation will be as follows:
(a) Category A - Provides authority for all
				of the Department's duties during all stages of the project's development with
				bi-annual reports of status furnished by the delegate agency to the
				Division.
(b) Category B - Provides
				authority for all of the Department's duties ONLY during the construction phase
				of the project or for the separate procurement of labor, materials, equipment
				and/or furnishings with bi-annual reports of status and a completion
				certificate to be furnished by the delegate agency to the Division.
(c) Category C - Provides authority for all
				of the Department's duties ONLY during the construction phase of the project or
				for the separate procurement of labor, materials, equipment and/or furnishings,
				with bi-annual reports of status and a completion certificate to be furnished
				by the delegate agency to the Division, and with final inspection of the
				construction work by Division professional
				staff.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-3 - PROCEDURES FOR DELEGATION OF SUPERVISORY AUTHORITY FOR THE EQUIPPING, REPAIR, ALTERATION AND CONSTRUCTION OF FIXED CAPITAL OUTLAY PROJECTS › Section 60D-3.006 - Delegation of Responsibility for the Provision and Maintenance of Accounting Records

Current through Reg. 50, No. 138; July 16, 2024
The responsibility for the provision and maintenance of
				  accounting records is hereby delegated to each agency for which an
				  appropriation of funds for a fixed capital outlay project is provided in an
				  appropriation act. Authority for approval or disapproval of payments for
				  services performed or material or equipment supplied is NOT delegated.
(1) The Department reserves the sole right to
				approve or disapprove the appropriateness of payments for contracts performed.
				Invoices which are not promptly vouchered by the delegate agency upon approval
				by the Division may be vouchered directly to the Comptroller by the Division
				with copies of the transactions forwarded to the delegate agency for accounting
				purposes.
(2) Accounting records
				shall be provided and maintained by the delegate agency in accordance with
				generally accepted governmental accounting principles, Florida Statutes and the
				rules of the Department of Financial Services.
(3) The delegate agency shall provide the
				Division with a statement of condition showing the current fiscal status of
				each project or sub-project account every July fifteenth and January fifteenth.
				The statement shall include the following:
(a)
				The description and full amount of each commitment.
(b) The date and amount of each invoice and
				pay request, the date the invoice or pay request was received by the agency
				accounting office, the date the goods or services were approved by the
				Division, the date the voucher was filed with the Comptroller, the date the
				warrant was received from the Comptroller, the date the warrant was mailed to
				the vendor, the voucher number, the warrant number, the original amount of the
				invoice or pay request and the warrant amount for each disbursement for each
				commitment.
(c) The date, amount
				and reason for any interest payment made according to Florida law.
(d) The current balance of each
				commitment.
(e) The date, amount
				and reason for any reversion of funds.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-4 - RULES FOR CONSTRUCTION AND LEASING OF STATE BUILDINGS TO INSURE ENERGY CONSERVATION › Section 60D-4.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.255 FS. Law Implemented
					 255.255
					 FS.
New 5-26-76, Formerly 13D-10.01, 13D-10.001, Amended
					 3-17-10, Repealed 12-27-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-4 - RULES FOR CONSTRUCTION AND LEASING OF STATE BUILDINGS TO INSURE ENERGY CONSERVATION › Section 60D-4.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Additions" - mean any facility related
				project that increases a building's footprint and the conditioned square
				footage of a building.
(2)
				"Alternative design" - refers to a potential architectural or engineering
				design for a new construction, addition, or renovation project, that is unique
				from all other building designs under consideration in at least one of the
				following areas:
(a) Thermal characteristics
				of building envelope materials;
(b)
				Amount of exterior glass;
(c)
				Thermal characteristics of exterior glass;
(d) Type of energy-consuming
				system;
(e) Type of
				energy-consuming equipment;
(f)
				Type of component within energy-consuming equipment;
(g) Type of control scheme for equipment or
				systems;
(h) Equipment energy
				efficiency rating;
(i) Interior
				lighting system power density (watts per square foot).
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-4 - RULES FOR CONSTRUCTION AND LEASING OF STATE BUILDINGS TO INSURE ENERGY CONSERVATION › Section 60D-4.003 - Conformance

Current through Reg. 50, No. 138; July 16, 2024
(1) The selection of energy-consuming
				equipment and architectural components for all new facilities constructed for
				the use of a state agency and renovations to existing state-owned facilities
				shall be based on the life-cycle costs of alternative designs developed in
				accordance with Rule  60D-4.004, F.A.C.
(2) Leases: An energy performance analysis
				shall be performed in accordance with Rule
				 60D-4.007, F.A.C., for
				facilities under consideration to be leased by a state
				agency.
Rulemaking Authority
					 255.255,
					 255.256 FS. Law Implemented
					 255.254,
					 255.255
					 FS.
New 5-26-76, Formerly 13D-10.03, 13D-10.003, Amended
					 3-17-10.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-4 - RULES FOR CONSTRUCTION AND LEASING OF STATE BUILDINGS TO INSURE ENERGY CONSERVATION › Section 60D-4.004 - Criteria for Alternative Designs

Current through Reg. 50, No. 138; July 16, 2024
(1) New
				construction and additions:
(a) This Rule
				applies to all of the following:
1. New
				facilities constructed for the use of a state agency.
2. Additions to existing state-owned
				facilities.
3. Renovations to
				existing state-owned facilities shall be allowed to comply with subsection
				 60D-4.004(1),
				F.A.C., when the agency determines that the scope of the proposed renovation
				addresses enough energy-consuming equipment and architectural elements to
				comply with the whole-building energy performance requirements as described in
				this Rule. Otherwise, subsection
				 60D-4.004(2), (3) or
				(4), F.A.C., shall apply.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-4 - RULES FOR CONSTRUCTION AND LEASING OF STATE BUILDINGS TO INSURE ENERGY CONSERVATION › Section 60D-4.005 - Computer-Based Simulation Program Requirements

Current through Reg. 50, No. 138; July 16, 2024
The computer-based simulation program required in subsections
				   60D-4.004(1), (2), (4) and
				  (7), F.A.C., shall comply with all of the
				  following:
(1) The energy baseline and
				all alternative designs shall be modeled with a computer-based simulation
				program that is capable of modeling all of the following:
(a) 8, 760 hours per year;
(b) Hourly variations in occupancy, lighting
				power, miscellaneous equipment power, thermostat setpoints, and HVAC system
				operation, defined separately for each day of the week and holidays;
(c) Thermal mass effects;
(d) Ten or more thermal zones;
(e) Part-load performance curves for
				mechanical equipment;
(f) Capacity
				and efficiency correction curves for mechanical heating and cooling
				equipment.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-4 - RULES FOR CONSTRUCTION AND LEASING OF STATE BUILDINGS TO INSURE ENERGY CONSERVATION › Section 60D-4.006 - Life-Cycle Cost Analysis Requirements

Current through Reg. 50, No. 138; July 16, 2024
A life-cycle cost analysis shall be performed for all new
				  facilities constructed for the use of a state agency and for renovations to
				  existing state-owned facilities where required in Rule
				   60D-4.004, F.A.C. The analysis
				  shall compare the reasonably-expected life-cycle costs of alternative designs
				  developed in accordance with Rule
				   60D-4.004, F.A.C., during the
				  design development phase of the project. Life-cycle cost analyses shall comply
				  with all of the following requirements:
(1) Preparation requirements:
(a) The life-cycle cost analysis shall be
				performed by one of the following:
1. An
				architect licensed in Florida;
2.
				An engineer licensed in Florida;
3.
				A "guaranteed energy, water, and wastewater performance savings contractor" as
				defined in Section  489.145,
				F.S.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-4 - RULES FOR CONSTRUCTION AND LEASING OF STATE BUILDINGS TO INSURE ENERGY CONSERVATION › Section 60D-4.007 - Energy Performance Analysis for Leases

Current through Reg. 50, No. 138; July 16, 2024
(1) Applies to the following facilities that
				are under consideration to be leased by a state agency:
(a) Buildings larger than 5, 000 gross square
				feet.
(b) Spaces larger than 5, 000
				square feet of rentable area within a specified building.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-4 - RULES FOR CONSTRUCTION AND LEASING OF STATE BUILDINGS TO INSURE ENERGY CONSERVATION › Section 60D-4.008 - Standards Adopted

Current through Reg. 50, No. 138; July 16, 2024
(1)
"Annual Supplement to NIST 135": Energy Price Indices and Discount
				Factors for Life-Cycle Cost Analysis - 2009, Annual Supplement to NIST 135 and
				NBS Special publication 709, National Institute of Standards and Technology,
				NISTIR 85-3273
is hereby incorporated by reference.
(2) Copies of this document are available by
				writing to:
National Technical Information Service
5301 Shawnee Rd.
Alexandria, VA 22312
http://www.ntis.gov/
1(800) 553-6847
(3) Copies of this document are also
				available for free download at the following website:
http://www1.eere.energy.gov/femp/program/lifecycle.html
.
(4)
"ASHRAE Handbook - HVAC
				Applications (2007)": 2007 ASHRAE Handbook - Heating, Ventilating, and
				Air-Conditioning Applications (Chapter 36, Table 4)
is hereby
				incorporated by reference.
(5)
				Copies of this document are available by writing to:
American Society of Heating, Refrigerating and
				  Air-Conditioning Engineers, Inc. (ASHRAE)
1791 Tullie Circle
Atlanta, GA 30329
http://www.ashrae.org
1(800) 527-4723
(6) Copies of this document are also
				available for purchase at the following website:
				http://www.ashrae.org/publications/page/1279.
Rulemaking Authority
					 255.255,
					 255.256 FS. Law Implemented
					 255.254,
					 255.255
					 FS.
New 3-17-10.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
To comply with the Department of Management Services'
				  requirements under Section
				   255.29, F.S., the following
				  procedures shall be followed in advertising for bids for construction
				  contracts, in determining the eligibility of potential bidders to submit
				  proposals for construction contracts, in awarding construction contracts, for
				  waiver of non-material bid deviations, for rejection of bids, for
				  disqualification of contractors, in requesting authority to negotiate
				  contracts, and in negotiating contracts. These rules do not apply to contracts
				  for maintenance of facilities or maintenance of component parts of
				  facilities.
Rulemaking Authority
					 255.29(1), (2),
					 (3),
					 255.30(1) FS.
					 Law Implemented 255.29,
					 255.30(1)
					 FS.
New 5-26-76, Amended 6-7-77, 7-7-83, Formerly 13D-11.01,
					 Amended 1-25-89, 11-5-91, Formerly
					 13D-11.001.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The words and phrases in this chapter shall be construed
				  according to their plain meaning, in light of the context and subject matter,
				  unless expressly defined otherwise in this rule, this chapter, or in Chapter
				  255, F.S.
(1) "Agency", as the context
				requires, means an official, officer, commission, authority, council,
				committee, department, division, bureau, board, section or other unit or entity
				of state government.
(2) "Contract
				Levels" - increments of contract dollar value based on estimated cost of the
				contract are as follows:
(a) Level One -
				Contracts not exceeding a value of $35, 000.
(b) Level Two - Contracts having a value
				greater than $35, 000 but not exceeding $65, 000.
(c) Level Three - Contracts having a value
				greater than $65, 000 but not exceeding $200, 000.
(d) Level Four - Contracts having a value
				exceeding $200, 000 but not exceeding $500, 000.
(e) Level Five - Contracts having a value
				exceeding $500, 000.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.003 - Public Announcement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.29 FS. Law Implemented
					 255.29
					 FS.
New 5-26-76, Amended 6-7-77, 7-14-81, 7-7-83, Formerly
					 13D-11.03, Amended 1-25-89, 11-5-91, Formerly 13D-11.003, Amended 8-28-96,
					 9-22-99, Repealed 12-3-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.004 - Prequalification Requirements and Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) There are two steps in qualifying to
				perform construction of State projects: paragraph (2)(a) Prequalification to
				submit a bid and paragraph (2)(b) Prequalification for award of the
				contract.
(2)
(a) Prequalification to submit a bid.
				(Prequalification requirements apply to all bidders as well as potential
				bidders on Levels Four and Five contracts.)
1.
				Requirements: Each potential bidder on Levels Four and Five contracts, whose
				field or area is governed by Chapter 399, 455, 489 or 633, F.S., for licensure
				will be prequalified by the Agency to participate in the bid process for a
				specific field or area of construction based on the bidder's area of license or
				certification. In order to be eligible to submit a bid for work on project,
				during the current two year period (beginning on September 1 of each even
				numbered year and continuing for a period of twenty-four months), a potential
				bidder under the jurisdiction of Chapter 399, 455, 489 or 633, F.S., must
				provide to the Agency evidence of the following qualifications biennially after
				September 1, of each even numbered year, or during the bidding of a specific
				project. Prequalification with one Agency will not automatically prequalify the
				contractor with other Agencies. Contractors not governed by the requirements of
				Chapter 399, 455, 489 or 633, F.S., are not required to be prequalified under
				this section.
a. Current State Contractor
				license certification or registration as required under Florida
				Statutes.
b. Current Corporate
				Charter registration, if the potential bidder is a domestic (Florida)
				corporation, or authority to transact business if the potential bidder is a
				foreign (non-Florida) corporation, as may be required by Florida
				law.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.0041 - Waiver of Bond Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) An agency, pursuant to Section
				 255.05, F.S., may request
				delegation of authority from the Secretary to exempt the requirement for
				performance bond and labor and material bond on a specific project for more
				than $100, 000 but not more than $200, 000, in writing, by furnishing the
				following to the Division prior to the public advertisement for bids:
1. Copy of the project legislative budget
				request in the capital improvement plan;
2. Statement containing the chronology of the
				project anticipated bid date, completion date and final construction
				cost.
3. Statement from the
				project's design professional that the exemption of the requirement for
				performance bond and labor and payment bond will increase the probability of
				securing competitive bids within the project construction budget.
4. Copies of the approved construction
				documents for the project, including plans and
				specifications.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.006 - Contractor Evaluation and Disqualification Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) The Agency shall, for cause, review the
				performance of each firm under contract. It will record all known instances of
				poor or inadequate performances, deficient management resulting in project
				delay, poor quality workmanship, and late payments to laborers, subcontractors
				and suppliers. It will review all circumstances surrounding instances of poor
				performance, management, quality of workmanship, and late payments to laborers,
				subcontractors and suppliers. The Agency shall make a professional
				recommendation for disqualification of any firm determined to be deficient. The
				late payment provisions of this rule apply only to payments made by the
				contractor to laborers, subcontractors and suppliers that have a direct
				contract with the contractor. This rule shall not be construed to require
				payment by any contractor in advance of the time payment is due under the terms
				in any such direct contract. This rule shall not be construed to modify or
				impair the right of any contractor to withhold any payment based on a bona fide
				contract dispute between the contractor and any laborer, any subcontractor or
				any supplier.
(2) The
				recommendation for disqualification will be reviewed by a three-member panel
				appointed by the Agency Head which will make a recommendation to the Agency
				Head on disqualification from bidding on Agency projects for a period of time
				determined by the Agency Head to be justified based on the seriousness of the
				deficiency.
(3) Any decision or
				intended decision to disqualify a contractor will be provided to the contractor
				by notice through the certified U.S. Mail and such notice will state the time
				limit for requesting an administrative hearing of the decision or intended
				decision as set forth in the Agency's applicable rules and Chapter 120,
				F.S.
Rulemaking Authority
					 255.29(1) FS.
					 Law Implemented 255.29(1)
					 FS.
New 5-26-76, Amended 7-7-83, Formerly 13D-11.06, Amended
					 1-25-89, 11-5-91, Formerly 13D-11.006, Amended
					 8-28-96.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.007 - Determination of Successful Bidder

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				projects, except where competitive bidding is waived under the provisions of
				Rule  60D-5.008, F.A.C., will be
				publicly bid in accordance with the provisions in the project bidding documents
				and Section  255.0518, F.S. Award of contract
				will be made to the responsive bidder, determined to be qualified in accordance
				with the provisions herein and meeting the requirements of the bidding
				documents, that submits the lowest valid bid for the work. The lowest bid will
				be determined as follows:
(2) The
				lowest bid will be the bid from the responsive bidder that has submitted the
				lowest price for the base bid or the base bid plus the additive alternates or
				less the deductive alternates chosen by the Agency, or contract management
				entities in conjunction with the Agency, to be included in or excluded from the
				proposed contract, taken in numerical order listed in the bid documents. The
				order of the alternates may be selected by the Agency, or contract management
				entities in conjunction with the Agency, in any sequence so long as such
				acceptance out of order does not alter the designation of the low
				bidder.
(3) On projects whose
				bidding documents provide for evaluation of the bids based on first cost and
				life cycle cost and performance criteria, the lowest bid will be the bid by the
				firm whose bid products are determined to yield the lowest total cost in
				accordance with the criteria set forth in the bidding
				documents.
Rulemaking Authority
					 255.29,
					 255.30 FS. Law Implemented
					 255.29,
					 255.30
					 FS.
New 5-26-76, Amended 6-7-77, 7-14-81, 7-7-83, Formerly
					 13D-11.07, Amended 11-5-91, Formerly 13D-11.007, Amended
					 12-3-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.0071 - Rejection of Bid(s)

Current through Reg. 50, No. 138; July 16, 2024
(1) The Agency, or
				contract management entities in conjunction with the Agency, shall reserve the
				right to reject any or all bids or portions thereof under any of the following
				circumstances:
(a) When the bidding process,
				including the procedure followed by the Agency, involves a material conflict
				with a rule or statutory or case law;
(b) When the Agency has evidence to indicate
				that collusion exists among the bidders;
(c) When the base bid or the base bid minus
				all deductive alternates exceeds the funds available for
				construction;
(d) When the Agency
				has evidence to indicate the bidder is not in a position to perform the
				contract in accordance with Rule
				 60D-5.004, F.A.C.;
(e) When the Agency has evidence to indicate
				the bidder has interest in more than one proposal for the same work;
(f) When the Agency finds the unit price
				provided with a bid proposal is not approximately the same as the unit cost for
				the same work provided as a lump sum for a specified quantity in the base bid,
				or alternate;
(g) When the Agency
				determines that the bid is not valid according to the bid
				specifications;
(h) When the Agency
				determines that a conflict of interest exists.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.0072 - Waiver of Non-material Bid Deviation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.29 FS. Law Implemented
					 255.29
					 FS.
New 7-7-83, Formerly 13D-11.072, Amended 11-5-91, Formerly
					 13D-11.0072, Repealed 12-8-98.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.0074 - Eighteen-Month Contracts for Repair and Construction Services (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.29 FS. Law Implemented
					 255.29
					 FS.
New 11-5-91, Formerly 13D-11.074, Repealed
					 8-28-96.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.008 - Qualifications-Based Selection; Contractor Selection and Negotiation Procedures for Projects Within Level Four and Level Five Contracts

Current through Reg. 50, No. 138; July 16, 2024
(1) The Secretary of the Department may waive
				the requirements of Rule
				 60D-5.0073, F.A.C., and permit
				negotiation of construction contracts in accordance with Rules
				 60D-5.0082 and
				 60D-5.0091, F.A.C., in cases
				determined by him to be in the best interest of the State.
(2) In making a determination of best
				interest of the State, the Secretary of the Department may consider such
				factors as:
(a) Is the need for the facility
				significant enough to require a substantial reduction of normal delivery time,
				requiring overlap of design and construction development phases?
(b) Is the size of the project large,
				requiring major emphasis on the qualification of the contractor because of the
				highly specialized requirements for scheduling, value engineering, and
				construction management?
(c) Is the
				complexity of the project significant, requiring a contractor with specific
				expertise to be applied to the design process with continuity through the
				construction phase?
(d) Is the
				project construction funding spread out over more than one year thereby making
				it advantageous to retain a contractor through a construction
				management/negotiated fee-guaranteed maximum price form of agreement?
(e) Is the project an alteration of an
				occupied facility which requires working around or relocating occupants while
				keeping the facility fully operational?
(f) Is the project a repair or renovation
				where the conditions requiring correction cannot be fully determined and
				specified without contractor involvement in the removal and examination process
				as an integral part of design (e.g., concealed damages, removal of asbestos,
				transformers containing PCB's, etc.)?
(g) Is the project one which is predominantly
				historic preservation/restoration requiring a specifically qualified
				contractor's involvement in the design process with continuity of construction
				management through both the design and construction phases?
(h) Is the Agency able and qualified to
				perform the contractor selection and contract negotiation in accordance with
				Rules  60D-5.0082 and
				 60D-5.0091, F.A.C., as
				determined by the Division?
(i) Are
				the construction services required to perform the work on the project available
				only from one contractor, for a "single source contract"?
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.0081 - Waiver of Competitive Bidding in Case of Valid Emergencies; Selection and Negotiation Procedures for Projects Within Level Four and Level Five (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.29 FS. Law Implemented
					 255.29
					 FS.
New 7-14-81, Amended 7-7-83, Formerly 13D-11.081, Amended
					 11-5-91, Formerly 13D-11.0081, Repealed
					 12-3-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.0082 - Competitive Selection

Current through Reg. 50, No. 138; July 16, 2024
When authorized under Rule
				   60D-5.008, F.A.C., the Agency
				  shall determine the contractor most able to perform the work as follows:
(1) For competitive selection by the
				Department, there shall be a Selection Committee comprised of a minimum of five
				persons consisting of the following: Three members shall be selected by the
				Director of the Division or their designated alternate; and two members shall
				be selected by the Client Agency for which the project will be constructed. For
				other Agencies, there shall be a committee of no less than five persons
				consisting of at least one Division Director and one Bureau Chief or their
				equivalent plus three other members familiar with the construction industry and
				with the project. Once the Selection Committee is established, it shall serve
				throughout the selection process for a project until completed.
(2) For each project for which construction
				services are required the Selection Committee shall evaluate statements of
				qualification data submitted by firms proposing to provide construction
				services for the project. It shall conduct discussions with and may require
				public presentation by no less than three firms, or all firms if fewer than
				three firms submit statements of qualification, regarding their qualifications,
				approach to the project and ability to furnish the required services.
(3) The Selection Committee shall determine
				the relative ability of each firm to perform the services required for each
				project. Determination of ability shall be developed utilizing the evaluation
				criteria set forth in the evaluation scoring form, number PD-24
https://www.flrules.org/Gateway/reference.asp?No=Ref-04738
entitled "Evaluation Summary Sheet - General Contractor/Construction Manager
				Selection", revised 6/2014 which is hereby incorporated by reference. The form
				may be obtained from the Department of Management Services, Division of Real
				Estate Development and Management/Building Construction, 4050 Esplanade Way,
				Suite 315, Tallahassee, Florida 32399-0950 or on the department's
				website.
(4) The Selection
				Committee shall select firms in order of preference and deemed to be most
				highly qualified to perform the required services based on the scores
				determined pursuant to subsection (3). The Committee will recommend its
				selections to the Agency Head. The Agency will negotiate a contract with the
				firm determined to be most qualified in full accordance with procedures set
				forth in Rule  60D-5.0091,
				F.A.C.
Rulemaking Authority
					 255.29 FS. Law Implemented
					 255.29
					 FS.
New 1-25-89, Amended 11-5-91, Formerly 13D-11.0082, Amended
					 8-28-96, 9-22-99, 12-3-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.0091 - Competitive Negotiation

Current through Reg. 50, No. 138; July 16, 2024
(1) When authorized
				under Rule  60D-5.008, F.A.C., the Agency
				shall negotiate a contract for construction services for the project with the
				firm authorized under Rule
				 60D-5.0082, F.A.C., at
				compensation determined to be fair, competitive and reasonable, to provide for
				profit, overhead, and direct management costs plus actual costs not to exceed a
				guaranteed maximum price.
(2)
				Should the Agency be unable to negotiate a satisfactory contract with the firm
				considered to be the most qualified, at a price the Agency determines to be
				fair, competitive and reasonable, negotiations with that firm shall be formally
				terminated. The Agency shall then undertake negotiations with the second most
				qualified firm and thereafter if necessary with the third.
(3) Should the Agency be unable to negotiate
				a satisfactory contract with any of the selected firms, additional firms shall
				be selected in accordance with Rule
				 60D-5.0082, F.A.C. Negotiations
				shall continue in accordance with this section until an agreement is
				reached.
Rulemaking Authority
					 255.29,
					 255.30 FS. Law Implemented
					 255.29,
					 255.30
					 FS.
New 1-25-89, Amended 11-5-91, Formerly 13D-11.0091, Amended
					 12-3-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.0092 - Changes in the Contract

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				contractor's performance of work necessary to complete a project is specified
				and described in the bidding and contract documents. Should conditions alter
				the nature and extent of the work specified and described in the bidding and
				contract documents, and the alteration of such conditions causes greater or
				less cost and expense or time to perform the work required to complete the
				project as specified or described and planned to be incurred in the
				contractor's successful bid, an adjustment shall be made by means of a change
				order to the contract time and/or contract amount.
(2) All adjustments to the contract amount
				resulting from a change in the work shall be determined by the measure of
				actual or estimated as the case may be, out-of-pocket costs and expenses
				incurred or avoided by the contractor for labor, materials, equipment,
				equipment rental, and overhead and profit thereon, for performing the changed
				work, or not performing the work.
(3) It is in the best interest of the state
				that the project contractor perform changes in the work and that bidding not be
				required (a) if the contractor's performance and capability remain satisfactory
				at the time of a proposed change order and (b) if the change is within the
				general scope of the contract and the contract contains a method of calculating
				overhead and profit caused by change orders, or (c) if the change will reduce
				either the scope or size of the project or the contract price, or (d) if the
				change is an integral part of the project and is necessary to correct an
				unanticipated condition which is necessary to permit the construction to
				continue and the contractor will agree to a reasonable negotiated increase in
				the contract price. The Agency shall make a determination of the best interest
				of the state on the basis of these criteria for each proposed change in the
				work.
Rulemaking Authority
					 255.29,
					 255.30(1) FS.
					 Law Implemented 255.29,
					 255.30(1)
					 FS.
New 11-5-91, Formerly
					 13D-11.0092.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES › Section 60D-5.010 - Notice and Protest Procedures for Projects Bid by the Department of Management Services Only

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule applies
				to protests to contract bidding or award in cases not involving disputes of
				material fact.
(2) The
				qualifications of persons to serve as presiding officers in informal
				proceedings conducted pursuant to subsection (2) of Section
				 120.57, F.S., are that a
				presiding officer must be either a member in good standing of The Florida Bar
				or knowledgeable by virtue of practical experience of the procedures relating
				to soliciting and evaluating bids for state contracts.
Rulemaking Authority
					 120.57(3)(d)
					 FS. Law Implemented 120.57(3)
					 FS.
New 7-14-81, Amended 7-7-83, Formerly 13D-11.10, Amended
					 6-11-86, 11-5-91, Formerly 13D-11.010, Amended
					 12-8-98.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-7 - MINIMUM CODES FOR STATE CONSTRUCTION UNDER THE JURISDICTION OF THE DEPARTMENT OF MANAGEMENT SERVICES › Section 60D-7.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.73(1), (2),
					 255.21(2),
					 255.25 FS. Law Implemented
					 553.73,
					 553.79,
					 553.80
					 FS.
New 9-7-81, Formerly 13D-17.01, 13D-17.001, Amended
					 5-12-96, Repealed 12-22-15.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-7 - MINIMUM CODES FOR STATE CONSTRUCTION UNDER THE JURISDICTION OF THE DEPARTMENT OF MANAGEMENT SERVICES › Section 60D-7.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.21(2),
					 553.73(1), (2)
					 FS. Law Implemented 553.73
					 FS.
New 9-7-81, Formerly 13D-17.02, Amended 10-31-90, Formerly
					 13D-17.002, Amended 5-12-96, Repealed
					 12-22-15.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-7 - MINIMUM CODES FOR STATE CONSTRUCTION UNDER THE JURISDICTION OF THE DEPARTMENT OF MANAGEMENT SERVICES › Section 60D-7.003 - General Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.73,
					 553.79(1) FS.
					 Law Implemented 553.73,
					 553.79
					 FS.
New 9-7-81, Amended 7-10-85, Formerly 13D-17.03, Amended
					 10-31-90, Formerly 13D-17.003, Amended 5-12-96, Repealed
					 12-22-15.