57-60.001: General
57-60.002: Unsolicited Proposals
57-60.003: Solicited Proposals
57-60.004: Sole Source Justification Standards
PURPOSE AND EFFECT: To promulgate new rules regarding Space Florida's requirements for vendors wishing to do business with Space Florida.
SUMMARY: To promulgate new rules regarding Space Florida's requirements for vendors wishing to do business with Space Florida.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 331.310(1)(j), (2)(a), (d) FS.
LAW IMPLEMENTED: 331.310(1)(j), (2)(a), (d), 331.324 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Deb Spicer, (321)730-5301, x-243. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deb Spicer, (321)730-5301, x-243
THE FULL TEXT OF THE PROPOSED RULE IS:
57-60.001 General.
This chapter establishes the rules regarding Space Florida’s relations with its vendors in connection with unsolicited proposals (including sponsorship and grant requests), solicited proposals, and sole source processes. A “Vendor” is defined as any organization or person (other than an employee) who receives compensation from Space Florida.
Specific Authority 331.310(1)(j), (2)(a), (d) FS. Law Implemented 331.310(1)(j), (2)(a), (d), 331.324 FS. History–New________.
57-60.002 Unsolicited Proposals.
Any unsolicited project, product offering, service offering, grant request, sponsorship request or financing proposal (the “Proposal”) received by Space Florida must comply with the following guidelines and shall be subject to the review and consideration process outlined below:
(1) The prospective Vendor must request a Project Proposal and Financing Request Form (“PPFR Form”), incorporated by reference herein, from Space Florida. The PPFR Form can be requested from Space Florida by submitting a written request to the Vice President, Communications, Government and External Affairs, or their designee, at the headquarters office located at MS: SPFL Bldg., M6-306, Room 9030, State Road 405, Kennedy Space Center, FL 32899.
(2) The prospective Vendor must complete the PPFR Form and return it to Space Florida for review and evaluation in accordance with the instructions set forth in the form.
(3) The staff of Space Florida will review and evaluate the Proposal along with the Board or a committee of the Board and the appropriate advisory committee, if necessary. If the Proposal has been approved, then the President, Chief Financial Officer, or their designees, will execute the PPFR Form before any action may be taken to initiate the project or allocate any funds.
(4) The original PPFR Form shall be kept on file with Space Florida. Once the Proposal has been evaluated and Space Florida has made decisions to either approve or reject the Proposal, Space Florida shall provide the prospective Vendor with a copy of the completed PPFR Form with the appropriate signatures. If the Proposal is denied, Space Florida shall retain the denied PPFR Form and related documentation on file in a denied proposal request file, in accordance with the provisions of Chapter 119, Florida Statutes. The rationale for the denial shall be included with each PPFR Form in the denied request file and such rationale shall be provided to the prospective Vendor.
(5) Any unsolicited Proposal which is not submitted in accordance with the guidelines described above shall be returned to the prospective Vendor.
Specific Authority 331.310(1)(j), (2)(a), (d) FS. Law Implemented 331.310(1)(j), (2)(a), (d), 331.324 FS. History–New________.
57-60.003 Solicited Proposals.
To the extent that the President, Chief Financial Officer or their designees, solicit proposals from prospective Vendors to provide goods or services to Space Florida, such solicitations shall be in accordance with the terms and conditions described in such solicitations which shall be listed on Space Florida’s website located at http://www.spaceflorida.gov/businessopps.php.
Specific Authority 331.310(1)(j), (2)(a), (d) FS. Law Implemented 331.310(1)(j), (2)(a), (d), 331.324 FS. History–New________.
57-60.004 Sole Source Justification Standards.
Space Florida is authorized to enter into sole source contracts with prospective Vendors once the following conditions have been satisfied:
(1) The contract or purchase is approved with justification in writing by the President, Chief Financial Officer, or their designees; and
(2) Is justifiable based upon one or more of the categories below:
(a) The Vendor is deemed the only capable provider of good or services;
(b) Time constraints which preclude using the normal selection process;
(c) Unique qualifications;
(d) Vendor being a public/private partnership, government agency, or instrumentality, or
(e) Written notification by the Office of Tourism, Trade and Economic Development that a sole source bid is in the best interest of the state.
Specific Authority 331.310(1)(j), (2)(a), (d) FS. Law Implemented 331.310(1)(j), (2)(a), (d), 331.324 FS. History–New________.