287.0595  Pollution response action contracts; department rules.--

(1)  The Department of Environmental Protection shall establish, through the promulgation of administrative rules as provided in chapter 120:

(a)  Procedures for determining the qualifications of responsible potential bidders prior to advertisement for and receipt of bids for pollution response action contracts, including procedures for the rejection of unqualified bidders. Response actions are those activities described in ¹s. 376.301(35).

(b)  Procedures for awarding such contracts to the lowest qualified bidder as well as procedures to be followed in cases in which the department declares a valid emergency to exist which would necessitate the waiver of the rules governing the awarding of such contracts to the lowest qualified bidder.

(c)  Procedures governing payment of contracts.

(d)  Procedures to govern negotiations for contracts, modifications to contract documents, and terms and conditions of contracts.

(2)  In adopting rules under this section, the department shall follow the criteria applicable to the Department of Management Services contracting to the maximum extent possible, consistent with the goals and purposes of ss. 376.307 and 376.3071.

(3)  Any bid submitted under this section shall be confidential and exempt from the provisions of s. 119.07(1) until a selection is made and a contract signed or until bids are no longer under active consideration.

(4)  This section does not apply to contracts which must be negotiated under s. 287.055.

History.--s. 1, ch. 87-337; s. 9, ch. 87-374; s. 8, ch. 89-188; s. 2, ch. 89-377; s. 3, ch. 90-54; s. 103, ch. 90-360; s. 253, ch. 92-279; s. 55, ch. 92-326; s. 1, ch. 94-355; s. 114, ch. 94-356; s. 86, ch. 95-143; s. 18, ch. 96-263; s. 14, ch. 96-277; s. 14, ch. 96-321; s. 133, ch. 96-406; s. 15, ch. 98-189.