62-109.010 Definitions.
For the purpose of this Chapter, these terms shall have the following meanings:
(1) Department – Department of Environmental Protection (DEP).
(2) Secretary – Head of DEP.
(3) Bid Solicitation – Process whereby persons submit bids or proposals to provide commodities or contractual services to the
Department.
(4) Contract Award – Process whereby bids for a contract for commodities or contractual services are awarded or rejected.
(5) Legal Holiday – Those holidays designated in Section 110.117(1), F.S.
(6) Person – An individual, firm, partnership, corporation, company or association.
Specific Authority 120.53, 403.061 FS. Law Implemented 120.53 FS. History–New 6-30-86, Formerly 17-109.010.
62-109.020 Notification.
(1) All notices required by this paragraph shall contain the following statement: ‘Failure to file a protest within the time prescribed
in Section 120.53(5), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.’
(2) Bid Solicitation: The Department shall provide notice of its decision or intended decision concerning compliance with the bid
solicitation process by United States Mail or hand delivery.
(3) Contract Award: The Department shall provide notice of its decision or intended decision on contract award by posting the bid
tabulation at the location where bids were opened or by certified United States Mail, return receipt requested, to each bidder.
Specific Authority 120.53(5), 403.061 FS. Law Implemented 120.53 FS. History–New 6-30-86, Formerly 17-109.020.
62-109.030 Protests.
(1) Any person who is affected adversely by the Department’s decision or intended decision concerning bid solicitation or contract
award may protest said decision by filing a written Notice of Protest and a written Protest Petition with the Department’s Purchasing
Office, Department of Environmental Protection, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32301,
as provided herein.
(2) Notice of Protest: A written Notice of Protest shall be filed within 72 hours of receipt by mail or other delivery of the
Department’s decision or intended decision, or if the decision or intended decision is made known by posting, within 72 hours after
the beginning of the posting period. The 72 hour period excludes Saturdays, Sundays and legal holidays. No time will be added to
the above time limits for mail service.
(3) Protest Petition: A written Protest Petition must be filed within 10 calendar days of filing the Notice of Protest; provided,
however that if the tenth day is a Saturday, Sunday or legal holiday the 10 day period shall run until the end of the next day which is
neither a Saturday, Sunday or legal holiday. No time will be added to the above time limits for mail service. The Protest Petition
shall be printed, type-written or otherwise duplicated in legible form and shall contain:
(a) The name and address of the petitioner and an explanation of how the petitioner’s substantial interests will be affected by the
Department’s decision or intended decision;
(b) A copy of the Department’s decision or intended decision;
(c) A statement of when and how the petitioner received notice of the Department’s decision or intended decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, as well as the rules, statutes, contract documents and specifications which
entitle the petitioner to relief;
(f) A demand for relief to which the petitioner deems himself entitled; and
(g) Any other information which the petitioner contends is material.
Specific Authority 120.53(5), 403.061 FS. Law Implemented 120.53 FS. History–New 6-30-86, Formerly 17-109.030.
62-109.040 Agency Action.
(1) Upon receipt of a timely filed Notice of Protest, the Department shall not proceed further with the solicitation or with the award
of the contract in issue until the protest is resolved by mutual agreement pursuant to subsection (2) below or by final Department
action pursuant to subsections (3) and (4) below. Provided, however, that the Department may proceed further if the Secretary
determines that continuation of the bid solicitation process or the contract award process without delay is required to avoid an
immediate and serious danger to the public health, safety, or welfare. The Secretary’s determination shall set forth in writing the
particular facts and circumstances which require continuation of the process and shall constitute final agency action.
(2) Within seven days, excluding Saturdays, Sundays and legal holidays, of receipt of a timely filed Protest Petition, the Department,
shall provide an opportunity to resolve the protest by mutual agreement between the parties.
(3) If the protest is not resolved by mutual agreement pursuant to subsection (2) above and if no disputed issue of material fact is
involved, the Secretary shall designate a Hearing Officer who shall conduct an informal proceeding pursuant to Section 120.57(2),
F.S. The qualifications of such designated Hearing Officer shall be:
(a) A member in good standing of the Florida Bar; or
(b) A person knowledgeable by virtue of practical experience of the procedures relating to soliciting and evaluating bids or proposals
for commodities or services.
(4) If the Protest Petition raises a disputed issue of material fact, and the protest is not resolved by mutual agreement pursuant to
subsection (2) above, the petition shall be referred to the Division of Administrative Hearings of the Department of Administration,
State of Florida for proceedings under Sections 120.57(1) and 120.53, F.S.
Specific Authority 120.53(5), 403.061 FS. Law Implemented 120.53 FS. History–New 6-30-86, Formerly 17-109.040.