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





                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    

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11  Senator Brown-Waite moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 44, between lines 2 and 3,

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16  insert:

17         Section 30.  Subsections (5), (11), and (15) of section

18  287.012, Florida Statutes, are amended to read:

19         287.012  Definitions.--The following definitions shall

20  apply in this part:

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

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

23  proposals submitted by responsive and qualified bidders or

24  offerors and includes bids or proposals transmitted by

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

26  proposals.

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

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

29  the public bid opening designated and specifically defining

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

31  bids are sought.  It includes instructions prescribing all

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  conditions for bidding and shall be distributed to all

 2  prospective bidders simultaneously.  The invitation to bid is

 3  used when the agency is capable of specifically defining the

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

 5  when the agency is capable of establishing precise

 6  specifications defining the actual commodity or group of

 7  commodities required.  A written solicitation includes a

 8  solicitation published or transmitted by electronic means.

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

10  solicitation for competitive sealed proposals with the title,

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

12  solicitation includes a solicitation published or transmitted

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

14  the agency is incapable of specifically defining the scope of

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

16  contractual service is required and when the agency is

17  requesting that a qualified offeror propose a commodity, group

18  of commodities, or contractual service to meet the

19  specifications of the solicitation document.  A request for

20  proposals includes, but is not limited to, general

21  information, applicable laws and rules, functional or general

22  specifications, statement of work, proposal instructions, and

23  evaluation criteria. Requests for proposals shall state the

24  relative importance of price and any other evaluation

25  criteria.

26         Section 31.  Paragraph (a) of subsection (16) of

27  section 287.042, Florida Statutes, is amended to read:

28         287.042  Powers, duties, and functions.--The department

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  purpose of pooling funds for the purchase of commodities,

 2  information technology resources, or services that can be used

 3  by multiple agencies.  However, the department shall may

 4  consult with the State Technology Office on joint agreements

 5  that involve the purchase of information technology resources.

 6  Agencies entering into joint purchasing agreements with the

 7  department shall authorize the department to contract for such

 8  purchases on their behalf.

 9         Section 32.  Subsection (22) is added to section

10  287.057, Florida Statutes, to read:

11         287.057  Procurement of commodities or contractual

12  services.--

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

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

15  and contractual services.  Only bidders prequalified as

16  meeting mandatory requirements and qualifications criteria

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

18  State Technology Office may contract for equipment and

19  services necessary to develop and implement on-line

20  procurement.

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

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

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

24  are not limited to, rules prescribing:

25         1.  The requirements and qualification criteria for

26  prequalifying bidders.

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

28         3.  The criteria for eligible commodities and

29  contractual services.

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

31  procurement.

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





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 2  (Redesignate subsequent sections.)

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 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 2, line 6, after the semicolon,

 8

 9  insert:

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

11         definitions to include bids or proposals

12         transmitted or received by electronic means;

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

14         Department of Management Services to consult

15         with the State Technology Office on joint

16         agreements involving the purchase of

17         information technology resources; amending s.

18         287.057, F.S.; requiring the State Technology

19         Office to develop a program for on-line

20         procurement of commodities and contractual

21         services; providing a limitation; authorizing

22         the office to contract for certain equipment

23         and services; authorizing the office to adopt

24         rules for certain purposes;

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