Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60A - Division of Purchasing › Chapter 60A-9 - OFFICE OF SUPPLIER DIVERSITY › Section 60A-9.003 - State Agency Compliance and Advocacy

Current through Reg. 50, No. 138; July 16, 2024
(1)
				For the purpose of determining whether a state agency has met the Minority
				Business Enterprise goals set forth in Section
				 287.09451, Florida Statutes, the
				agency shall receive credit only for funds expended within a certified Minority
				Business Enterprise's specialty area.
(2) For the purpose of determining whether a
				state agency has made a "good faith effort" to comply with the Minority
				Business Enterprise goals set forth in Section
				 287.09451, F.S., the Office
				shall consider the following factors:
(a)
				Those factors set forth in Section
				 287.09451, F.S.
(b) The extent to which the agency
				implemented its Minority Business Enterprise Utilization Plan.
(c) Whether the agency established a list of
				commodities, construction, architectural and engineering contracts, and
				services that could be provided by MBEs.
(d) Whether the agency divided bid
				invitations by dollar amounts, units of production, or duration of contract to
				facilitate meeting MBE procurement goals set forth in Section
				 287.09451, F.S.
(e) Whether the agency implemented specific
				initiatives to encourage MBE participation in its contracting
				program.
(f) Whether the agency
				implemented procedures for participation by MBEs on purchases that do not
				exceed the threshold amount provided in Section
				 287.017, F.S., for Category
				Two.
(g) Whether the agency
				implemented procedures for waiver of bonds for construction contracts under
				Chapter 255, F.S., for those construction contracts reserved for competitive
				bidding only amount certified MBEs.
(h) Whether the agency implemented procedures
				to determine MBE responsiveness to procurement solicitations.
(i) Whether a senior level employee (who is
				not charged with purchasing responsibility) with appropriate background and
				experience was designated in the agency as a Minority Business Enterprise
				assistance officer, and is made responsible for overseeing the agency's
				Minority Business Enterprise utilization activities.
(j) Whether the agency negotiated in good
				faith with interested Minority Business Enterprises or minority persons, not
				rejecting Minority Business Enterprises or minority persons as unqualified
				without sound reasons based on a thorough investigation of their
				capabilities.
(k) Whether the
				agency utilized certified Minority Business Enterprises in the specialty areas
				of which they are certified.
(l)
				Whether the agency attended or participated in trade fairs, conferences,
				matchmakers and workshops related to MBEs.
(m) Whether the agencies attended training
				sessions presented by the OSD, where the sessions were designed to improve
				agency compliance and MBE outreach.
(n) Whether the agency implemented procedures
				to monitor procurements over category four and to send such procurements to the
				Office.
(o) Whether the agency has
				integrated the MBE utilization within the agency's philosophy as evidenced by
				the inclusion of the MBE utilization in the performance plan of responsible
				personnel throughout the agency.