Senate Bill 1492c2

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                    CS for CS for SB 1492

    By the Committees on Governmental Oversight and Productivity;
    Commerce and Economic Opportunities; and Senator Geller




    302-2135-00

  1                      A bill to be entitled

  2         An act relating to electronic procurement;

  3         amending s. 287.012, F.S.; revising certain

  4         definitions to include bids or proposals

  5         transmitted or received by electronic means;

  6         amending s. 287.042, F.S.; requiring the

  7         Department of Management Services to consult

  8         with the State Technology Office on joint

  9         agreements involving the purchase of

10         information technology resources; amending s.

11         287.057, F.S.; requiring the State Technology

12         Office to develop a program for on-line

13         procurement of commodities and contractual

14         services; providing a limitation; authorizing

15         the office to contract for certain equipment

16         and services; authorizing the office to adopt

17         rules for certain purposes; providing an

18         effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Subsections (5), (11), and (15) of section

23  287.012, Florida Statutes, are amended to read:

24         287.012  Definitions.--The following definitions shall

25  apply in this part:

26         (5)  "Competitive sealed bids" or "competitive sealed

27  proposals" refers to the receipt of two or more sealed bids or

28  proposals submitted by responsive and qualified bidders or

29  offerors and includes bids or proposals transmitted by

30  electronic means in lieu of or in addition to written bids or

31  proposals.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                    CS for CS for SB 1492
    302-2135-00




  1         (11)  "Invitation to bid" means a written solicitation

  2  for competitive sealed bids with the title, date, and hour of

  3  the public bid opening designated and specifically defining

  4  the commodity, group of commodities, or services for which

  5  bids are sought.  It includes instructions prescribing all

  6  conditions for bidding and shall be distributed to all

  7  prospective bidders simultaneously.  The invitation to bid is

  8  used when the agency is capable of specifically defining the

  9  scope of work for which a contractual service is required or

10  when the agency is capable of establishing precise

11  specifications defining the actual commodity or group of

12  commodities required.  A written solicitation includes a

13  solicitation published or transmitted by electronic means.

14         (15)  "Request for proposals" means a written

15  solicitation for competitive sealed proposals with the title,

16  date, and hour of the public opening designated. A written

17  solicitation includes a solicitation published or transmitted

18  by electronic means. The request for proposals is used when

19  the agency is incapable of specifically defining the scope of

20  work for which the commodity, group of commodities, or

21  contractual service is required and when the agency is

22  requesting that a qualified offeror propose a commodity, group

23  of commodities, or contractual service to meet the

24  specifications of the solicitation document.  A request for

25  proposals includes, but is not limited to, general

26  information, applicable laws and rules, functional or general

27  specifications, statement of work, proposal instructions, and

28  evaluation criteria. Requests for proposals shall state the

29  relative importance of price and any other evaluation

30  criteria.

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                    CS for CS for SB 1492
    302-2135-00




  1         Section 2.  Paragraph (a) of subsection (16) of section

  2  287.042, Florida Statutes, is amended to read:

  3         287.042  Powers, duties, and functions.--The department

  4  shall have the following powers, duties, and functions:

  5         (16)(a)  To enter into joint agreements with

  6  governmental agencies, as defined in s. 163.3164(10), for the

  7  purpose of pooling funds for the purchase of commodities,

  8  information technology resources, or services that can be used

  9  by multiple agencies.  However, the department shall may

10  consult with the State Technology Office on joint agreements

11  that involve the purchase of information technology resources.

12  Agencies entering into joint purchasing agreements with the

13  department shall authorize the department to contract for such

14  purchases on their behalf.

15         Section 3.  Subsection (22) is added to section

16  287.057, Florida Statutes, to read:

17         287.057  Procurement of commodities or contractual

18  services.--

19         (22)(a)  The State Technology Office of the department

20  shall develop a program for on-line procurement of commodities

21  and contractual services.  Only bidders prequalified as

22  meeting mandatory requirements and qualifications criteria

23  shall be permitted to participate in on-line procurement. The

24  State Technology Office may contract for equipment and

25  services necessary to develop and implement on-line

26  procurement.

27         (b)  The State Technology Office may adopt rules,

28  pursuant to ss. 120.536(1) and 120.54, to implement the

29  program for on-line procurement. The rules shall include, but

30  are not limited to, rules prescribing:

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                    CS for CS for SB 1492
    302-2135-00




  1         1.  The requirements and qualification criteria for

  2  prequalifying bidders.

  3         2.  The procedures for conducting on-line procurement.

  4         3.  The criteria for eligible commodities and

  5  contractual services.

  6         4.  The procedures for providing access to on-line

  7  procurement.

  8         Section 4.  This act shall take effect upon becoming a

  9  law.

10

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                            CS/SB 1492

13

14  The Committee Substitute gives the department specific
    rule-making authority on the development of criteria and
15  procedures for on-line, electronic procurement. It also
    deletes the use of the term "auctions" to describe this same
16  procedure to avoid conflicting with ch. 468, F.S., on the
    regulation of auctioneers.
17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4