(1) There is no minimum amount of work guaranteed to any PRAC under a Continuing Contract. The Department shall assign work at its sole discretion as determined by the Department. In making a determination of assignment, the Department will consider a PRAC’s workload, past performance, experience with similar tasks, and scheduling availability.
    (2) Cost negotiations shall be addressed in each Task Assignment.
    (3) Upon assignment of a Project, the PRAC shall negotiate a Level of Effort with the Department.
    (4) Modification of Task Assignments.
    (a) Should conditions alter the nature and extent of the work specified and described in the Task Assignment, and the alteration of such conditions changes the cost or time to perform the work required to complete the Project as specified or described and planned to be incurred in the PRAC’s Level of Effort and negotiated cost, a modification shall be made by means of a Task Assignment Change Order.
    (b) All adjustments to the Task Assignment amount resulting from a change in the work shall be determined by the measure of actual, or estimated out-of-pocket costs and expenses incurred or avoided by the PRAC for labor, materials, equipment, equipment rental, and overhead and profit thereon, for performing the changed work, or not performing the work.
    (c) The PRAC shall perform changes in the work and bidding shall not be required if the PRAC’s performance and capability remain satisfactory at the time of a proposed Task Assignment Change Order and:
    1. The change is within the general scope of the Continuing Contract and the Continuing Contract or Task Assignment contains a method of calculating overhead and profit caused by Task Assignment Change Order;
    2. The change will reduce either the scope or size of the Project or the Task Assignment price, is an integral part of the Project that must be made to correct an unanticipated condition which is necessary to permit the Project to continue; and
    3. The PRAC agrees to a reasonable negotiated change in the Task Assignment price.
    (5) The Department may solicit a cost proposal for a qualifying Project from any PRAC and may thereafter enter into a Task Assignment with that PRAC, for any of the services described in the scope of services contained in the Continuing Contract. Under a Task Assignment, the PRAC will manage all work being conducted under that Task Assignment. This includes: pre-qualification of all subcontractors necessary for conducting work under the Task Assignment; selection of the lowest cost, responsive, responsible subcontractor for each aspect of the subcontracted work described within the Task Assignment; management of all selected subcontractors under the Task Assignment; and payment of all subcontractors following satisfactory completion of work described in the Task Assignment.
    (6) Within four years of the effective date of this rule, the Department will evaluate this rule to determine if the Department needs to repeal this rule in accordance with the procedures set forth in Florida Statutes § 120.54
Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History—New 11-17-20.