CareerSource Florida Contracting Policy FAQ

CareerSource Florida Contracting Policy

• Where can I find a word version of the revised contracting Policy?

  See attached file.

• If so, what cancellation process we should follow and what contract close out costs are allowable? How immediate must the effective date be of this contract cancellation? What written guidance can you provide on this potential?

  See response to 2 above.

• If the RWDB does not vote to exempt a board member with a current contract, does CareerSource/DEO recommend that the contract be cancelled?

  We do not understand this question. The policy has no provision requiring that or referring to a board voting to exempt a board member from a current contract. See also response to 1 above in the event it applies.

• We submitted our contract with the School Board. Is the review of that contract not required because the contract was submitted before July 1, although the effective date of the contract is July 1, 2011- 2012?

  If the contract was in place before 8/18/11 when the revised  contracting policy was adopted, the previous policy, and the s. 445.007, F.S. and WIA conflict of interest provisions apply. The previous contracting policy exempted contracts with an “agency” as defined by section 112.312 (2), Florida Statutes from the 2/3 vote requirement.  The federal procurement requirements in 29 CFR 97.36 (USDOL) and 45 CFR 74.42 (DHHS) also apply.  If all of these provisions were followed, the contract may continue and the board member may remain on the board. However, if legal requirements were not followed, you should consult your legal counsel about appropriate steps to take.   Under the revised contracting policy, which became effective August 18, 2011, contracts with an “agency” as defined by section 112.312 (2), Florida Statutes, are allowed at the board’s discretion, as an exception from the general prohibition against contracting with a board member. If the board exercises its discretion to enter into a contract with an “agency,” such contract would be subject to the disclosure, abstention, and 2/3 vote requirements outlined in the policy. And if the contract is equal to or greater than $25,000, it must be submitted to DEO for review and CareerSource Florida  for approval.

• It appears that the new policy modification no longer defines purchase order as a contract; is that an oversight or intentional?

  CareerSource Florida has advised that the omission of purchase order in the definition of “contract” was intentional.  However, please be mindful that federal procurement requirements as well as state and federal conflict of interest provisions would still apply.  Procurement through the use of purchase orders should not be used to avoid state and federal requirements applicable to procurement and contracting.

• PREAMBLE

  The following are questions and answers related to the revised contracting policy.   These answers are intended to offer guidance relative to the general understanding of the policy and should not substitute for your own independent review of particular contracting circumstances within your own workforce region.   Please also note that current state and federal conflict of interest procedures continue to apply in all circumstances and that federal procurement requirements in 29 CFR 97.36 also continue to apply in all contracting situations.  

• If Board Member's Employer is responding to a current RFP, does he or she need to step off the board before sending in a proposal?

  See answer above. Employment is a relationship with the vendor.  Contract is allowable only if an exemption applies. If exemption a), b) or d) applies to allow the contract, the board member could not personally benefit financially from the contract. The board member would need to disclose the relationship, abstain, and refrain from any participation in the procurement.

• A response to the same questions posed in #5 is requested for family members of staff who could benefit financially from a contract.

  See answer provided to question #5.

• How does a Workforce Board establish a "board member does not personally benefit from" a contract?

  We recommend a sworn certification from the vendor and the member that the member will not personally benefit from the contract.

• If a Board Member is a subcontractor to an entity that has a contract with the board, does that create an issue with the Member being on the board?

  The revised policy effective 8/18/11 does not require that board members resign from the board. It prohibits certain contracts; not board membership. If a member has “any relationship with the contracting vendor”, the contract is prohibited unless an exemption applies.  A subcontractor would have a relationship with the vendor. Thus, the board cannot enter the contract unless an exemption applies. See II)a)-d) of the Revised Contracting Policy.