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FLORIDA STATUTES

A.  FLORIDA PREFERENCE

​Commodities

Florida Statutes § 287.082

Procurement of Personal Property and Services; Commodities manufactured, grown, or produced in state given preference.

"Whenever two or more competitive sealed bids are received one or more of which relates to commodities manufactured, grown or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within this state shall be give preference."

 
 

Foreign Manufacturers

 

Florida Statutes § 287.092

Procurement of Personal Property and Services; Preference to certain foreign manufacturers.

"Any foreign manufacturing company with a factory in Florida and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality, and service are the same, regardless of where the product is manufactured."

 

Public Buildings

Florida Statutes § 255.04

Preference to home industries in building public buildings.

"Every official board in the state, whether of the state, a county or a municipality, which may be charged with the duty of erecting or constructing any public administrative or institutional building shall give preference in the purchase of material and in letting contracts for the construction of such building, to materialmen, contractors, builders, architects and laborers who reside within the state, whenever such material can be purchased or the services of such materialmen, contractors, builders, architects and laborers can be employed at no greater expense than that which would obtain if such purchase was made from, or contract let or employment given to, a person residing beyond the limits of the state.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0255/Sections/0255.04.html

 

Public Printing

Florida Statutes § 283.35

Preference given printing within the state.

"When awarding a contract to have materials printed, the agency, university, college, school district, or other political subdivision of this state awarding the contract shall grant a preference to the lowest responsible and responsive vendor having a principal place of business within this state.  The preference shall be 5% if the lowest bid is submitted by a vendor whose principal place of business is located outside the state and if the printing can be performed in this state at a level of quality comparable to that obtainable from the vendor submitting the lowest bid located outside the state.  As used in this section, the term 'other political subdivision of this state' does not include counties or municipalities."

   

​FLORIDA STATUTES

​B.  RECIPROCAL PREFERENCE

Florida Businesses​

Florida Statutes § 287.084(1)

1Commodities, Insurance and Contractual Services

"(1)(a)  When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business.  In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5%.

(b)  Paragraph (a) does not apply to transportation projects for which federal aid funds are available.

(c)  As used in this section, the term 'other political subdivision of this state' does not include counties or municipalities.. ."

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=URL=0200-0299/0287/Sections/0287.084.html

 

[1] Application of reciprocal preference in purchases of personal property.  Out-of-state bidders must provide a legal opinion regarding preferences in their home jurisdiction.

 

​FLORIDA STATUTES

​C.  STATUS PREFERENCE

Veterans

Florida Statutes § 295.187(4)

Florida's Veteran Business Enterprises Opportunity Act

"(4) VENDOR PREFERENCE.___

(a)  A state agency, when considering two or more bids, proposals, or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, shall award such procurement or contract to the certified veteran business enterprise. 

(b)  Notwithstanding s.287.057(11), if a veteran business enterprise entitled to the vendor preference under this section and one or more businesses entitled to this preference or another vendor preference provided by law submit bids, proposals, or replies for procurement of commodities or contractual services which are equal with respect to all relevant considerations, including price, quality and service, the state agency shall award the procurement or contract to the business having the smallest net worth.

(c)  Political subdivisions of the state are encouraged to offer a similar consideration to businesses certified under this section."  

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0295/Sections/0295.187.html

 
 

Minority Business Enterprise

Florida Statutes § 287.057(11)

Florida's Certified Minority Business Enterprise

 "(11)  If two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise."

 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0287/Sections/0287.057.html

 

FLORIDA STATUTES

B.  TIE PREFERENCE

Drug Free Workplace

​Florida Statutes § 287.087

Preference to businesses with drug-free workplace programs.

"Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process."

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0287/Sections/0287.087.html

 

FLORIDA ADMINISTRATIVE CODE

A. FLORIDA PREFERENCE

Award Process

Florida Administrative Code Rule 25-25.009(5)

2Commodities:  Public Service Commission Source Selection, bid openings and Contract Awards - Preference to bidders within the state.

"(5)  Preference to bidders within the State.  Preference shall be given to bidders located within the State of Florida when awarding contracts, whenever commodities bid can be purchased at no greater expense then, and at a level of quality comparable to, those bid by a bidder located outside of the State of Florida."

 

[2] Only has application to the Public Service Commission. 

FLORIDA ADMINISTRATIVE CODE

D. TIE PREFERENCE

Identical Responses

Florida Administrative Code Rule 60A-1.011

Identical Evaluations of Responses

(1)  When evaluating vendor responses to solicitations, if the agency is confronted with identical pricing or scoring from multiple vendors, the agency shall determine the order of award using the following criteria, in the order of preference listed below (from highest priority to lowest priority):

a)  The response is from a Florida-domiciled entity, as determined by the Department of State;

b)  If the response relates to manufactured commodities, the response provides for manufacturing such commodities within the state (in preference over any foreign manufacturer);

c)  If the response relates to manufactured commodities, the response provides for a foreign manufacturer that also has at least 200 employees working in the state (in preference over a foreign manufacturer with less than 2300 employees working in the state); or

d)  the response certifies that a drug-free workplace has been implemented in accordance with Section 287.87, F.S.

(2)  Section 287.057(12), F.S., states that "if two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise. 

(3)  If subsections (1) and (2) fail to resolve the identical evaluations, the agency shall award the contract to the respondent whose response is deemed by the agency to be in the best interests of the State, considering factors such as prior performance on state contracts or other governmental contracts. If subsections (1) and (2) fail to resolve the identical evaluations, the agency shall award the contract to the respondent whose response is deemed by the agency to be in the best interests of the State, considering factors such as prior performance on state contracts or other governmental contracts.

(4)  In the event that the application of subsections (1), (2) and (3) fails to resolve the identical evaluations, the agency shall determine the award by a means of random selection (e.g., a coin toss or drawing of numbers)."