¹255.102 Contractor utilization of minority business enterprises.--

1. (1) Agencies shall consider the use of price preferences, weighted preference formulas, or other preferences for construction contracts, as determined appropriate by the Minority Business Advocacy and Assistance Office in collaboration with the ²Division of Building Construction to increase minority participation.

2. (2) The Minority Business Advocacy and Assistance Office, in collaboration with the ²Division of Building Construction of the Department of Management Services and the State University System, shall adopt rules to determine what is a "good faith effort" for purposes of contractor compliance with minority participation goals established for competitively awarded building and construction projects. Pro forma efforts shall not be considered good faith. Factors which shall be considered by the state agency in determining whether a contractor has made good faith efforts shall include, but not be limited to:

   1. (a) Whether the contractor attended any presolicitation or prebid meetings that were scheduled by the agency to inform minority business enterprises of contracting and subcontracting opportunities.
   2. (b) Whether the contractor advertised in general circulation, trade association, or minority-focus media concerning the subcontracting opportunities.
   3. (c) Whether the contractor provided written notice to all relevant subcontractors listed on the minority vendor list for that locality and statewide as provided by the agency as of the date of issuance of the invitation to bid, that their interest in the contract was being solicited in sufficient time to allow the minority business enterprises to participate effectively.
   4. (d) Whether the contractor followed up initial solicitations of interest by contacting minority business enterprises, the Minority Business Advocacy and Assistance Office, or minority persons who responded and provided detailed information about prebid meetings, access to plans, specifications, contractor's project manager, subcontractor bonding, if any, payment schedule, bid addenda, and other assistance provided by the contractor to enhance minority business enterprise participation.
   5. (e) Whether the contractor selected portions of the work to be performed by minority business enterprises in order to increase the likelihood of meeting the minority business enterprise procurement goals, including, where appropriate, breaking down contracts into economically feasible units to facilitate minority business enterprise participation under reasonable and economical conditions of performance.
   6. (f) Whether the contractor provided the Minority Business Advocacy and Assistance Office as well as interested minority business enterprises or minority persons with adequate information about the plans, specifications, and requirements of the contract or the availability of jobs at a time no later than when such information was provided to other subcontractors.
   7. (g) Whether the contractor 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 or imposing implausible conditions of performance on the contract.
   8. (h) Whether the contractor diligently seeks to replace a minority business enterprise subcontractor that is unable to perform successfully with another minority business enterprise.
   9. (i) Whether the contractor effectively used the services of available minority community organizations; minority contractors' groups; local, state, and federal minority business assistance offices; and other organizations that provide assistance in the recruitment and placement of minority business enterprises or minority persons.
3. (3) If an agency considers any other criteria in determining whether a contractor has made a good faith effort, the agency shall adopt such criteria in accordance with s. 120.54, and, where required by that section, by rule, after May 31, 1994. In adopting such criteria, the agency shall identify the specific factors in as objective a manner as possible to be used to assess a contractor's performance against said criteria.

4. (4) Notwithstanding the provisions of ³s. 287.0945 to the contrary, agencies shall monitor good faith efforts of contractors in competitively awarded building and construction projects, in accordance with rules established pursuant to this section. It is the responsibility of the contractor to exercise good faith efforts in accordance with rules established pursuant to this section, and to provide documentation necessary to assess efforts to include minority business participation.

   ¹Note.--Section 26, ch. 94-322, provides that "[t]he provisions of ss. 255.101, 255.102, 287.093, 287.0943, 287.09431, and 287.0945, Florida Statutes, and any other provisions related to the minority business enterprise programs shall be repealed on July 1, 2001, contingent upon the completion of the statistical disparity analysis required pursuant to s. 287.0945(6)(p) to be completed in the year 2000, and said provisions shall be reviewed by the Legislature prior to said repeal date to determine their effectiveness in achieving stated goals and to revise or modify program components for the full achievement of said goals." Section 287.0945(6)(p) was redesignated as s. 287.0945(6)(r) to conform to the amendment by s. 17, ch. 94-322, and the redesignation of paragraphs by the reviser incident to the compilation of s. 17, ch. 94-322. Section 287.0945 was repealed by s. 27, ch. 96-320. Section 287.0945(9), created by s. 1, ch. 96-412, was redesignated by the reviser as s. 373.607.

   ²Note.--Deleted in the reorganization of the Department of Management Services by s. 3, ch. 97-296. Section 4, ch. 97-296, requires the Division of Statutory Revision to prepare a reviser's bill for submission to the 1998 Regular Session of the Legislature substituting references to the Department of Management Services in the Florida Statutes for references to divisions, bureaus, or other units of that department.

   ³Note.--Repealed by s. 27, ch. 96-320. Section 287.0945(9), created by s. 1, ch. 96-412, was redesignated by the reviser as s. 373.607.

History.--ss. 7, 26, ch. 94-322; s. 59, ch. 96-410.