Senate Bill sb1132c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
By the Committee on Governmental Oversight and Productivity
302-2251B-02
1 A bill to be entitled
2 An act relating to state procurement; amending
3 s. 61.1826, F.S.; conforming a cross-reference
4 to changes made by this act; amending s.
5 120.57, F.S.; specifying the manner in which
6 notice of decisions and intended decisions
7 concerning procurement are to be provided;
8 defining the term "electronically post";
9 providing procedures applicable to a protest of
10 a contract solicitation or award; specifying
11 the type of notice that starts the time for
12 filing a notice of protest; providing that
13 state holidays are not included in the time for
14 filing a notice of protest; specifying the
15 types of submissions that may be considered in
16 a protest; clarifying and conforming
17 provisions; amending ss. 283.32, 283.33,
18 283.34, 283.35, F.S.; conforming the sections
19 to changes made by the act; conforming a
20 cross-reference; amending s. 287.001, F.S.;
21 clarifying legislative intent with respect to
22 state procurement; amending s. 287.012, F.S.;
23 revising definitions; defining additional
24 terms; amending s. 287.017, F.S.; eliminating
25 the requirement for annual adjustments of
26 purchasing categories; amending 287.022, F.S.;
27 conforming a cross-reference to changes made by
28 the act; amending ss. 287.032, 287.042, F.S.;
29 revising the purpose, duties, and functions of
30 the Department of Management Services;
31 clarifying and conforming provisions; providing
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 procedures for the listing of commodities and
2 services offered by certain nonprofit agencies
3 organized pursuant to ch. 413, F.S.; providing
4 that eligible users may purchase from state
5 term contracts; providing that the protest bond
6 amount shall be a specified percentage of the
7 estimated contract amount; providing that
8 official bank checks may be accepted in lieu of
9 a bond; providing for prevailing party's
10 attorney's fees; requiring the department to
11 develop procedures for issuing solicitations,
12 requests for information, and requests for
13 quotes; prescribing the manner in which
14 solicitations are to be noticed; providing an
15 exception for the 10-day notice requirement for
16 solicitations; requiring the department to
17 develop procedures for electronic posting;
18 requiring the department to develop methods for
19 conducting question-and-answer sessions
20 regarding solicitations; providing that the
21 Office of Supplier Diversity may consult with
22 the department regarding solicitation
23 distribution procedures; providing that rules
24 may be distributed to agencies via an
25 electronic medium; requiring written
26 documentation of certain agency decisions;
27 eliminating the department's responsibilities
28 for the management of state surplus property;
29 amending s. 287.045, F.S., relating to the
30 procurement of products and materials with
31 recycled content; clarifying and conforming
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 provisions; amending s. 287.056, F.S.;
2 specifying entities that are required or
3 permitted to purchase from purchasing
4 agreements and state term contracts; providing
5 for use of a request for quote to obtain
6 pricing or services information; amending s.
7 287.057, F.S.; clarifying and conforming
8 provisions; revising requirements for
9 solicitations; providing for
10 question-and-answer sessions regarding
11 solicitations; providing requirements for
12 emergency procurements; providing that agency
13 purchases from certain existing contracts are
14 exempt from competitive-solicitation
15 requirements; providing requirements for
16 single-source procurement; conforming
17 cross-references to changes made by the act;
18 providing requirements for contract renewal;
19 clarifying that exceptional purchase contracts
20 may not be renewed; providing requirements for
21 persons appointed to evaluate proposals and
22 replies and to negotiate contracts; prohibiting
23 certain persons or entities from receiving
24 contracts; specifying the entities responsible
25 for developing an on-line procurement system;
26 amending s. 287.0572, F.S.; clarifying and
27 conforming provisions; requiring that the cost
28 of all state contracts be evaluated by
29 present-value methodology; amending s. 287.058,
30 F.S.; revising provisions relating to renewal
31 which must be contained in a contract;
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 clarifying that exceptional purchase contracts
2 may not be renewed; conforming cross-references
3 to changes made by the act; amending s.
4 287.059, F.S.; clarifying and conforming
5 provisions; amending s. 287.0595, F.S.;
6 revising requirements for the Department of
7 Environmental Protection with respect to
8 contracts for pollution response; clarifying
9 and conforming provisions; repealing s.
10 287.073, F.S., relating to the procurement of
11 information technology resources; amending s.
12 287.0731, F.S.; revising requirements for a
13 team for contract negotiations; amending ss.
14 287.0822, 287.084, 287.087, 287.093, 287.09451,
15 F.S., relating to procurement of beef and pork,
16 preference for state businesses and businesses
17 with drug-free-workplace programs, minority
18 business enterprises, and the Office of
19 Supplier Diversity; clarifying and conforming
20 provisions to changes made by the act;
21 repealing s. 287.121, F.S., relating to
22 assistance by the Department of Legal Affairs;
23 amending ss. 287.133, 287.134, F.S., relating
24 to prohibitions on the transaction of business
25 with certain entities convicted of
26 public-entity crimes and entities that have
27 engaged in discrimination; clarifying and
28 conforming provisions; amending s. 287.1345,
29 F.S., relating to the surcharge on users of
30 state term contracts; authorizing the
31 Department of Management Services to collect
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 surcharges from eligible users; amending s.
2 373.610, F.S.; clarifying that the provision
3 applies to contractors; amending s. 373.611,
4 F.S.; providing that water management districts
5 may contract to limit damages recoverable from
6 certain entities during procurement; amending
7 ss. 394.457, 394.47865, 402.73, 408.045,
8 445.024, 455.2177, F.S., relating to the power
9 to contract by the Department of Children and
10 Family Services, the Agency for Health Care
11 Administration, the Regional Work Force Boards,
12 and the Department of Business and Professional
13 Regulation and their power to privatize and
14 procure; conforming cross-references;
15 clarifying and conforming provisions; amending
16 s. 413.036, F.S.; providing that ch. 287, F.S.,
17 does not apply to purchases made from certain
18 nonprofit agencies; specifying provisions
19 required to be contained in certain state
20 procurement contracts; providing an effective
21 date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (e) of subsection (1) of section
26 61.1826, Florida Statutes, is amended to read:
27 61.1826 Procurement of services for State Disbursement
28 Unit and the non-Title IV-D component of the State Case
29 Registry; contracts and cooperative agreements; penalties;
30 withholding payment.--
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (1) LEGISLATIVE FINDINGS.--The Legislature finds that
2 the clerks of court play a vital role, as essential
3 participants in the establishment, modification, collection,
4 and enforcement of child support, in securing the health,
5 safety, and welfare of the children of this state. The
6 Legislature further finds and declares that:
7 (e) The potential loss of substantial federal funds
8 poses a direct and immediate threat to the health, safety, and
9 welfare of the children and citizens of the state and
10 constitutes an emergency for purposes of s. 287.057(5)(a) s.
11 287.057(4)(a).
12 Section 2. Subsection (3) of section 120.57, Florida
13 Statutes, is amended to read:
14 120.57 Additional procedures for particular cases.--
15 (3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
16 CONTRACT SOLICITATION BIDDING OR AWARD.--Agencies subject to
17 this chapter shall use utilize the uniform rules of procedure,
18 which provide procedures for the resolution of protests
19 arising from the contract solicitation or award bidding
20 process. Such rules shall at least provide that:
21 (a) The agency shall provide notice of a its decision
22 or intended decision concerning a bid solicitation, or a
23 contract award, or exceptional purchase by electronic posting.
24 This notice shall contain the following statement: "Failure to
25 file a protest within the time prescribed in section
26 120.57(3), Florida Statutes, shall constitute a waiver of
27 proceedings under chapter 120, Florida Statutes." as follows:
28 1. For a bid solicitation, notice of a decision or
29 intended decision shall be given by United States mail or by
30 hand delivery.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 2. For any decision of the Department of Management
2 Services concerning a request by an agency for approval of an
3 exceptional purchase under part I of chapter 287 and the rules
4 of the Department of Management Services, notice of a decision
5 or intended decision shall be given by posting such notice in
6 the office of the Department of Management Services.
7 3. For any other agency decision, notice of a decision
8 or intended decision shall be given either by posting the bid
9 tabulation at the location where the bids were opened or by
10 certified United States mail or other express delivery
11 service, return receipt requested.
12
13 The notice required by this paragraph shall contain the
14 following statement: "Failure to file a protest within the
15 time prescribed in s. 120.57(3), Florida Statutes, shall
16 constitute a waiver of proceedings under chapter 120, Florida
17 Statutes."
18 (b) Any person who is adversely affected by the agency
19 decision or intended decision shall file with the agency a
20 notice of protest in writing within 72 hours after the posting
21 of the notice of decision or intended decision bid tabulation
22 or after receipt of the notice of the agency decision or
23 intended decision and shall file a formal written protest
24 within 10 days after filing the notice of protest. With
25 respect to a protest of the terms, conditions, and
26 specifications contained in a solicitation, including any
27 provisions governing the methods for ranking bids, proposals,
28 or replies, awarding contracts, reserving rights of further
29 negotiation, or modifying or amending any contract an
30 invitation to bid or in a request for proposals, the notice of
31 protest shall be filed in writing within 72 hours after the
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 posting receipt of notice of the solicitation. project plans
2 and specifications in an invitation to bid or request for
3 proposals, and The formal written protest shall be filed
4 within 10 days after the date the notice of protest is filed.
5 Failure to file a notice of protest or failure to file a
6 formal written protest shall constitute a waiver of
7 proceedings under this chapter. The formal written protest
8 shall state with particularity the facts and law upon which
9 the protest is based. Saturdays, Sundays, and state legal
10 holidays shall be excluded in the computation of the 72-hour
11 time periods provided by this paragraph.
12 (c) Upon receipt of the formal written protest that
13 which has been timely filed, the agency shall stop the bid
14 solicitation process or the contract award process until the
15 subject of the protest is resolved by final agency action,
16 unless the agency head sets forth in writing particular facts
17 and circumstances which require the continuance of the bid
18 solicitation process or the contract award process without
19 delay in order to avoid an immediate and serious danger to the
20 public health, safety, or welfare.
21 (d)1. The agency shall provide an opportunity to
22 resolve the protest by mutual agreement between the parties
23 within 7 days, excluding Saturdays, Sundays, and state legal
24 holidays, after receipt of a formal written protest.
25 2. If the subject of a protest is not resolved by
26 mutual agreement within 7 days, excluding Saturdays, Sundays,
27 and state legal holidays, after receipt of the formal written
28 protest, and if there is no disputed issue of material fact,
29 an informal proceeding shall be conducted pursuant to
30 subsection (2) and applicable agency rules before a person
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 whose qualifications have been prescribed by rules of the
2 agency.
3 3. If the subject of a protest is not resolved by
4 mutual agreement within 7 days, excluding Saturdays, Sundays,
5 and state legal holidays, after receipt of the formal written
6 protest, and if there is a disputed issue of material fact,
7 the agency shall refer the protest to the division for
8 proceedings under subsection (1).
9 (e) Upon receipt of a formal written protest referred
10 pursuant to this subsection, the director of the division
11 shall expedite the hearing and assign an administrative law
12 judge who shall commence a hearing within 30 days after the
13 receipt of the formal written protest by the division and
14 enter a recommended order within 30 days after the hearing or
15 within 30 days after receipt of the hearing transcript by the
16 administrative law judge, whichever is later. Each party shall
17 be allowed 10 days in which to submit written exceptions to
18 the recommended order. A final order shall be entered by the
19 agency within 30 days of the entry of a recommended order. The
20 provisions of this paragraph may be waived upon stipulation by
21 all parties.
22 (f) In a protest to an invitation to bid or request
23 for proposals procurement competitive-procurement protest, no
24 submissions made after the bid or proposal opening which amend
25 or supplement amending or supplementing the bid or proposal
26 shall be considered. In a protest to an invitation to
27 negotiate procurement, no submissions made after the agency
28 announces its intent to award a contract, reject all replies,
29 or withdraw the solicitation which amend or supplement the
30 reply shall be considered. Unless otherwise provided by
31 statute, the burden of proof shall rest with the party
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 protesting the proposed agency action. In a
2 competitive-procurement protest, other than a rejection of all
3 bids, proposals, or replies, the administrative law judge
4 shall conduct a de novo proceeding to determine whether the
5 agency's proposed action is contrary to the agency's governing
6 statutes, the agency's rules or policies, or the solicitation
7 bid or proposal specifications. The standard of proof for such
8 proceedings shall be whether the proposed agency action was
9 clearly erroneous, contrary to competition, arbitrary, or
10 capricious. In any bid-protest proceeding contesting an
11 intended agency action to reject all bids, proposals, or
12 replies, the standard of review by an administrative law judge
13 shall be whether the agency's intended action is illegal,
14 arbitrary, dishonest, or fraudulent.
15 (g) For purposes of this subsection, the definitions
16 in s. 287.012 apply.
17 Section 3. Section 283.32, Florida Statutes, is
18 amended to read:
19 283.32 Recycled paper to be used by each agency;
20 printing bids certifying use of recycled paper; percentage
21 preference in awarding contracts.--
22 (1) Each agency shall purchase, when economical,
23 recycled paper if and when recycled paper can be obtained that
24 is of adequate quality for the purposes of the agency.
25 (2) Each agency shall require that a vendor that
26 person who submits a bid for a contract for printing and that
27 who wishes to be considered for the price preference described
28 in s. 287.045 to shall certify in writing the percentage of
29 recycled content of the material used for such printing. Such
30 vendor person may certify that the material contains no
31 recycled content.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (3) Upon evaluation of bids for each printing
2 contract, the agency shall identify the lowest responsive bid
3 bidder and any other responsive bids in which it has been
4 bidders who have certified that the materials used in printing
5 contain at least the minimum percentage of recycled content
6 that is set forth by the department. In awarding a contract
7 for printing, the agency may allow up to a 10-percent price
8 preference, as provided in s. 287.045, to a responsible and
9 responsive vendor that bidder who has certified that the
10 materials used in printing contain at least the minimum
11 percentage of recycled content established by the department.
12 If no vendors bidders offer materials for printing that
13 contain the minimum prescribed recycled content, the contract
14 shall be awarded to the responsible vendor that submits the
15 lowest responsive bid qualified bidder.
16 Section 4. Section 283.33, Florida Statutes, is
17 amended to read:
18 283.33 Printing of publications; lowest bidder
19 awards.--
20 (1) Publications may be printed and prepared in-house,
21 by another agency or the Legislature, or purchased on bid,
22 whichever is more economical and practicable as determined by
23 the agency. An agency may contract for binding separately when
24 more economical or practicable, whether or not the remainder
25 of the printing is done in-house. A vendor bidder may
26 subcontract for binding and still be considered a responsible
27 vendor qualified bidder or offeror, notwithstanding s.
28 287.012(24) s. 287.012(13).
29 (2) All printing of publications that cost in excess
30 of the threshold amount provided in s. 287.017 for CATEGORY
31 TWO and purchased by agencies shall be let upon contract to
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 the vendor that submits the lowest responsive bid and that
2 will bidder, who shall furnish all materials used in printing.
3 Such contract shall specify a definite term and a definite
4 number of copies.
5 (3) Except as otherwise provided for in this part, a
6 contract for printing of a publication shall be subject to,
7 when applicable, the definitions in s. 287.012, and shall be
8 considered a commodity for that purpose.
9 (4) The provisions of s. 946.515(4) shall not apply to
10 purchases of printing.
11 Section 5. Section 283.34, Florida Statutes, is
12 amended to read:
13 283.34 State officers not to have interests in
14 printing contract.--No member of the Legislature or other
15 officer of this state may have an interest, directly or
16 indirectly, in any printing contract as provided for in s.
17 283.33; however, nothing in this section prohibits a member of
18 the Legislature from receiving such a contract when the member
19 or his or her firm has submitted the lowest responsive bid is
20 the lowest bidder of all bidders submitting competitive bids
21 for the contract.
22 Section 6. Section 283.35, Florida Statutes, is
23 amended to read:
24 283.35 Preference given printing within the
25 state.--Every agency shall give preference to vendors bidders
26 located within the state when awarding contracts to have
27 materials printed, whenever such printing can be done at no
28 greater expense than the expense of awarding a contract to a
29 vendor bidder located outside the state and can be done at a
30 level of quality comparable to that obtainable from a vendor
31 bidder located outside the state.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 Section 7. Section 287.001, Florida Statutes, is
2 amended to read:
3 287.001 Legislative intent.--The Legislature
4 recognizes that fair and open competition is a basic tenet of
5 public procurement; that such competition reduces the
6 appearance and opportunity for favoritism and inspires public
7 confidence that contracts are awarded equitably and
8 economically; and that documentation of the acts taken and
9 effective monitoring mechanisms are important means of curbing
10 any improprieties and establishing public confidence in the
11 process by which commodities and contractual services are
12 procured. It is essential to the effective and ethical
13 procurement of commodities and contractual services that there
14 be a system of uniform procedures to be utilized by state
15 agencies in managing and procuring commodities and contractual
16 services; that detailed justification of agency decisions in
17 the procurement of commodities and contractual services be
18 maintained; and that adherence by the agency and the vendor
19 contractor to specific ethical considerations be required.
20 Section 8. Section 287.012, Florida Statutes, is
21 amended to read:
22 287.012 Definitions.--As used The following
23 definitions shall apply in this part, the term:
24 (1) "Agency" means any of the various state officers,
25 departments, boards, commissions, divisions, bureaus, and
26 councils and any other unit of organization, however
27 designated, of the executive branch of state government.
28 "Agency" does not include the University and College Boards of
29 Trustees or the state universities and colleges Board of
30 Regents or the State University System.
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (2) "Agency head" means, with respect to an agency
2 headed by a collegial body, the executive director or chief
3 administrative officer of the agency.
4 (3) "Artist" means an individual or group of
5 individuals who profess and practice a demonstrated creative
6 talent and skill in the area of music, dance, drama, folk art,
7 creative writing, painting, sculpture, photography, graphic
8 arts, craft arts, industrial design, costume design, fashion
9 design, motion pictures, television, radio, or tape and sound
10 recording or in any other related field.
11 (4) "Best value" means the highest overall value to
12 the state based on objective factors that include, but are not
13 limited to, price, quality, design, and workmanship.
14 (5)(4) "Commodity" means any of the various supplies,
15 materials, goods, merchandise, food, equipment, information
16 technology, and other personal property, including a mobile
17 home, trailer, or other portable structure with floor space of
18 less than 5,000 3,000 square feet, purchased, leased, or
19 otherwise contracted for by the state and its agencies.
20 "Commodity" also includes interest on deferred-payment
21 commodity contracts approved pursuant to s. 287.063 entered
22 into by an agency for the purchase of other commodities.
23 However, commodities purchased for resale are excluded from
24 this definition. Further, a prescribed drug, medical supply,
25 or device required by a licensed health care provider as a
26 part of providing health services involving examination,
27 diagnosis, treatment, prevention, medical consultation, or
28 administration for clients at the time the service is provided
29 is not considered to be a "commodity." Printing of
30 publications shall be considered a commodity when let upon
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 contract pursuant to s. 283.33, whether purchased for resale
2 or not.
3 (6)(5) "Competitive sealed bids," or "competitive
4 sealed proposals," or "competitive sealed replies" mean the
5 process of receiving refers to the receipt of two or more
6 sealed bids, or proposals, or replies submitted by responsive
7 vendors and qualified bidders or offerors and includes bids,
8 or proposals, or replies transmitted by electronic means in
9 lieu of or in addition to written bids, or proposals, or
10 replies.
11 (7) "Competitive solicitation" or "solicitation" means
12 an invitation to bid, a request for proposals, or an
13 invitation to negotiate.
14 (8)(6) "Contractor" means a person who contracts to
15 sell commodities or contractual services to an agency.
16 (9)(7) "Contractual service" means the rendering by a
17 contractor of its time and effort rather than the furnishing
18 of specific commodities. The term applies only to those
19 services rendered by individuals and firms who are independent
20 contractors, and such services may include, but are not
21 limited to, evaluations; consultations; maintenance;
22 accounting; security; management systems; management
23 consulting; educational training programs; research and
24 development studies or reports on the findings of consultants
25 engaged thereunder; and professional, technical, and social
26 services. "Contractual service" does not include any contract
27 for the furnishing of labor or materials for the construction,
28 renovation, repair, modification, or demolition of any
29 facility, building, portion of building, utility, park,
30 parking lot, or structure or other improvement to real
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 property entered into pursuant to chapter 255 and rules
2 adopted thereunder.
3 (10)(8) "Department" means the Department of
4 Management Services.
5 (11) "Electronic posting" or "electronically post"
6 means the posting of solicitations, agency decisions or
7 intended decisions, or other matters relating to procurement
8 on a centralized Internet website designated by the department
9 for this purpose.
10 (12) "Eligible user" means any person or entity
11 authorized by the department pursuant to rule to purchase from
12 state term contracts or to use the on-line procurement system.
13 (13)(9) "Exceptional purchase" means any purchase of
14 commodities or contractual services excepted by law or rule
15 from the requirements for competitive solicitation or
16 acquisition, including, but not limited to, purchases from a
17 single source;, purchases upon receipt of less than two
18 responsive bids, or proposals, or replies; purchases made by
19 an agency, after receiving approval from the department, from
20 a contract procured, pursuant to s. 287.057(1), (2), or (3),
21 by another agency; and purchases made without advertisement in
22 the manner required by s. 287.042(3)(b) without publication of
23 notice in the Florida Administrative Weekly, and exceptions
24 granted by the department for a purchase of commodities from
25 other than a state term contract vendor.
26 (14)(10) "Extension" means an increase in the time
27 allowed for the contract period due to circumstances which,
28 without fault of either party, make performance impracticable
29 or impossible, or which prevent a new contract from being
30 executed, with or without a proportional increase in the total
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 dollar amount, with any increase to be based on the method and
2 rate previously established in the contract.
3 (15) "Information technology" has the meaning ascribed
4 in s. 282.0041.
5 (16)(11) "Invitation to bid" means a written
6 solicitation for competitive sealed bids with the title, date,
7 and hour of the public bid opening designated and specifically
8 defining the commodity, group of commodities, or services for
9 which bids are sought. It includes instructions prescribing
10 all conditions for bidding and shall be distributed to all
11 prospective bidders simultaneously. The invitation to bid is
12 used when the agency is capable of specifically defining the
13 scope of work for which a contractual service is required or
14 when the agency is capable of establishing precise
15 specifications defining the actual commodity or group of
16 commodities required. A written solicitation includes a
17 solicitation that is electronically posted published or
18 transmitted by electronic means.
19 (17) "Invitation to negotiate" means a written
20 solicitation for competitive sealed replies to select one or
21 more vendors with which to commence negotiations for the
22 procurement of commodities or contractual services. The
23 invitation to negotiate is used when the agency determines
24 that negotiations may be necessary for the state to receive
25 the best value. A written solicitation includes a solicitation
26 that is electronically posted.
27 (18)(12) "Minority business enterprise" has the same
28 meaning ascribed as that provided in s. 288.703.
29 (19) "Office" means the Office of Supplier Diversity
30 of the Department of Management Services.
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (13) "Qualified bidder," "responsible bidder,"
2 "qualified offeror," or "responsible offeror" means a person
3 who has the capability in all respects to perform fully the
4 contract requirements and has the integrity and reliability
5 which will assure good faith performance.
6 (20)(14) "Renewal" means contracting with the same
7 contractor for an additional contract period after the initial
8 contract period, only if pursuant to contract terms
9 specifically providing for such renewal.
10 (21) "Request for information" means a written request
11 made by an agency to vendors for information concerning
12 commodities or contractual services. Responses to these
13 requests are not offers and may not be accepted by the agency
14 to form a binding contract.
15 (22)(15) "Request for proposals" means a written
16 solicitation for competitive sealed proposals with the title,
17 date, and hour of the public opening designated. A written
18 solicitation includes a solicitation published or transmitted
19 by electronic means. The request for proposals is used when it
20 is not practicable for the agency to is incapable of
21 specifically define defining the scope of work for which the
22 commodity, group of commodities, or contractual service is
23 required and when the agency is requesting that a responsible
24 vendor qualified offeror propose a commodity, group of
25 commodities, or contractual service to meet the specifications
26 of the solicitation document. A written solicitation includes
27 a solicitation that is electronically posted. A request for
28 proposals includes, but is not limited to, general
29 information, applicable laws and rules, functional or general
30 specifications, statement of work, proposal instructions, and
31 evaluation criteria. Requests for proposals shall state the
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 relative importance of price and any other evaluation
2 criteria.
3 (23) "Request for a quote" means an oral or written
4 request for written pricing or services information from a
5 state term contract vendor for commodities or contractual
6 services available on a state term contract from that vendor.
7 (24) "Responsible vendor" means a vendor who has the
8 capability in all respects to fully perform the contract
9 requirements and the integrity and reliability that will
10 assure good-faith performance.
11 (25)(16) "Responsive bid," or "responsive proposal" or
12 "responsive reply" means a bid, or proposal, or reply
13 submitted by a responsive, and responsible vendor or
14 qualified, bidder or offeror which conforms in all material
15 respects to the solicitation invitation to bid or request for
16 proposals.
17 (26)(17) "Responsive vendor bidder" or "responsive
18 offeror" means a vendor that person who has submitted a bid,
19 or proposal, or reply that which conforms in all material
20 respects to the solicitation invitation to bid or request for
21 proposals.
22 (27) "State term contract" means a term contract that
23 is competitively procured by the department pursuant to s.
24 287.057 and that is used by agencies and eligible users
25 pursuant to s. 287.056.
26 (28)(18) "Term contract" means an indefinite quantity
27 contract wherein a party agrees to furnish commodities or
28 contractual services during a defined prescribed period of
29 time, the expiration of which concludes the contract.
30 (19) "Office" means the Office of Supplier Diversity
31 of the Department of Management Services.
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (20) "Invitation to negotiate" means a written
2 solicitation that calls for responses to select one or more
3 persons or business entities with which to commence
4 negotiations for the procurement of commodities or contractual
5 services.
6 (21) "Request for a quote" means a solicitation that
7 calls for pricing information for purposes of competitively
8 selecting and procuring commodities and contractual services
9 from qualified or registered vendors.
10 (22) "Information technology" means equipment,
11 hardware, software, firmware, programs, systems, networks,
12 infrastructure, media, and related material used to
13 automatically, electronically, and wirelessly collect,
14 receive, access, transmit, display, store, record, retrieve,
15 analyze, evaluate, process, classify, manipulate, manage,
16 assimilate, control, communicate, exchange, convert, converge,
17 interface, switch, or disseminate information of any kind or
18 form.
19 Section 9. Subsection (2) of section 287.017, Florida
20 Statutes, is amended to read:
21 287.017 Purchasing categories, threshold amounts;
22 procedures for automatic adjustment by department.--
23 (2) The department shall adopt rules to annually
24 adjust the amounts provided in subsection (1) based upon the
25 rate of change of a nationally recognized price index. Such
26 rules shall include, but not be limited to, the following:
27 (a) Designation of the nationally recognized price
28 index or component thereof used to calculate the proper
29 adjustment authorized in this section.
30 (b) The procedure for rounding results.
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (c) The effective date of each annual adjustment based
2 upon the previous calendar year data.
3 Section 10. Subsections (1) and (3) of section
4 287.022, Florida Statutes, are amended to read:
5 287.022 Purchase of insurance.--
6 (1) Insurance, while not a commodity, nevertheless
7 shall be purchased for all agencies by the department, except
8 that agencies may purchase title insurance for land
9 acquisition and may make emergency purchases of insurance
10 pursuant to s. 287.057(5)(a) s. 287.057(4)(a). The procedures
11 for purchasing insurance, whether the purchase is made by the
12 department or by the agencies, shall be the same as those set
13 forth herein for the purchase of commodities.
14 (3) The department of Management Services and the
15 Division of State Group Insurance shall not prohibit or limit
16 any properly licensed insurer, health maintenance
17 organization, prepaid limited health services organization, or
18 insurance agent from competing for any insurance product or
19 plan purchased, provided, or endorsed by the department or the
20 division on the basis of the compensation arrangement used by
21 the insurer or organization for its agents.
22 Section 11. Section 287.032, Florida Statutes, is
23 amended to read:
24 287.032 Purpose of department.--It shall be the
25 purpose of the Department of Management Services:
26 (1) To promote efficiency, economy, and the
27 conservation of energy and to effect coordination in the
28 purchase of commodities and contractual services for the
29 state.
30 (2) To provide uniform commodity and contractual
31 service procurement policies, rules, procedures, and forms for
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 use by the various agencies and eligible users in procuring
2 contractual services.
3 (3) To procure and distribute state-owned surplus
4 tangible personal property and federal surplus tangible
5 personal property allocated to the state by the Federal
6 Government.
7 Section 12. Section 287.042, Florida Statutes, is
8 amended to read:
9 287.042 Powers, duties, and functions.--The department
10 shall have the following powers, duties, and functions:
11 (1)(a) To canvass all sources of supply, establish and
12 maintain a vendor list, and contract for the purchase, lease,
13 or acquisition in any manner, including purchase by
14 installment sales or lease-purchase contracts which may
15 provide for the payment of interest on unpaid portions of the
16 purchase price, of all commodities and contractual services
17 required by any agency under this chapter competitive bidding
18 or by contractual negotiation. Any contract providing for
19 deferred payments and the payment of interest shall be subject
20 to specific rules adopted by the department.
21 (b) The department may remove from its vendor list any
22 source of supply which fails to fulfill any of its duties
23 specified in a contract with the state. It may reinstate any
24 such source of supply when it is satisfied that further
25 instances of default will not occur.
26 (c) In order to promote cost-effective procurement of
27 commodities and contractual services, the department or an
28 agency may enter into contracts that limit the liability of a
29 vendor consistent with s. 672.719.
30 (d) The department shall issue commodity numbers for
31 all products of the corporation operating the correctional
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 industry program which meet or exceed department
2 specifications.
3 (e) The department shall, beginning October 1, 1991,
4 include the products offered by the corporation on any listing
5 prepared by the department which lists state term contracts
6 executed by the department. The products or services shall be
7 placed on such list in a category based upon specification
8 criteria developed through a joint effort of the department
9 and the corporation and approved by the department.
10 (f) The corporation may submit products and services
11 to the department for testing, analysis, and review relating
12 to the quality and cost comparability. If, after review and
13 testing, the department approves of the products and services,
14 the department shall give written notice thereof to the
15 corporation. The corporation shall pay a reasonable fee
16 charged for testing its products by the Department of
17 Agriculture and Consumer Services.
18 (g) The department shall include products and services
19 that are offered by a qualified nonprofit agency for the blind
20 or for the other severely handicapped organized pursuant to
21 chapter 413 and that have been determined to be suitable for
22 purchase pursuant to s. 413.035 on any department listing of
23 state term contracts. The products and services shall be
24 placed on such list in a category based upon specification
25 criteria developed by the department in consultation with the
26 qualified nonprofit agency.
27 (h)(g) The department may collect fees for the use of
28 its electronic information services. The fees may be imposed
29 on an individual transaction basis or as a fixed subscription
30 for a designated period of time. At a minimum, the fees shall
31 be determined in an amount sufficient to cover the
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 department's projected costs of such services, including
2 overhead in accordance with the policies of the Department of
3 Management Services for computing its administrative
4 assessment. All fees collected pursuant to this paragraph
5 shall be deposited in the Grants and Donations Trust Fund for
6 disbursement as provided by law.
7 (2)(a) To establish plan and coordinate purchases in
8 volume and to negotiate and execute purchasing agreements and
9 procure state term contracts for commodities and contractual
10 services, pursuant to s. 287.057, under which state agencies
11 shall, and eligible users may, make purchases pursuant to s.
12 287.056, and under which a federal, county, municipality,
13 institutions qualified pursuant to s. 240.605, private
14 nonprofit community transportation coordinator designated
15 pursuant to chapter 427, while conducting business related
16 solely to the Commission for the Transportation Disadvantaged,
17 or other local public agency may make purchases. The
18 department may restrict purchases from some term contracts to
19 state agencies only for those term contracts where the
20 inclusion of other governmental entities will have an adverse
21 effect on competition or to those federal facilities located
22 in this state. In such planning or purchasing the Office of
23 Supplier Diversity may monitor to ensure that opportunities
24 are afforded for contracting with minority business
25 enterprises. The department, for state term contracts, and all
26 agencies, for multiyear contractual services or term
27 contracts, shall explore reasonable and economical means to
28 utilize certified minority business enterprises. Purchases by
29 any county, municipality, private nonprofit community
30 transportation coordinator designated pursuant to chapter 427,
31 while conducting business related solely to the Commission for
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 the Transportation Disadvantaged, or other local public agency
2 under the provisions in the state purchasing contracts, and
3 purchases, from the corporation operating the correctional
4 work programs, of products or services that are subject to
5 paragraph (1)(f), are exempt from the competitive solicitation
6 sealed bid requirements otherwise applying to their purchases.
7 (b) As an alternative to any provision in s.
8 120.57(3)(c), the department may proceed with the competitive
9 bid solicitation or contract award process of a term contract
10 bid when the secretary of the department or his or her
11 designee sets forth in writing particular facts and
12 circumstances which demonstrate that the delay incident to
13 staying the solicitation bid process or contract award process
14 would be detrimental to the interests of the state. After the
15 award of a contract resulting from a competitive solicitation
16 bid in which a timely protest was received and in which the
17 state did not prevail, the contract may be canceled and
18 reawarded to the prevailing party.
19 (c) Any person who files an action protesting a
20 decision or intended decision pertaining to contracts
21 administered by the department, a water management district,
22 or an a state agency pursuant to s. 120.57(3)(b) shall post
23 with the department, the water management district, or the
24 state agency at the time of filing the formal written protest
25 a bond payable to the department, the water management
26 district, or state agency in an amount equal to 1 percent of
27 the estimated contract amount. department's, the water
28 management district's, or the state agency's estimate of the
29 total volume of the contract or $5,000, whichever is less,
30 which bond shall be conditioned upon the payment of all costs
31 which may be adjudged against him or her in the administrative
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 hearing in which the action is brought and in any subsequent
2 appellate court proceeding. For protests of decisions or
3 intended decisions of the department pertaining to agencies'
4 requests for approval of exceptional purchases, the bond shall
5 be in an amount equal to 1 percent of the estimated requesting
6 agency's estimate of the contract amount for the exceptional
7 purchase requested or $5,000, whichever is less. The estimated
8 contract amount shall be based upon the contract price
9 submitted by the protestor or, if no contract price was
10 submitted, the department, water management district, or
11 agency shall estimate the contract amount based on factors
12 including, but not limited to, the price of previous or
13 existing contracts for similar commodities or contractual
14 services, the amount appropriated by the Legislature for the
15 contract, or the fair market value of similar commodities or
16 contractual services. The agency shall provide the estimated
17 contract amount to the vendor within 72 hours, excluding
18 Saturdays, Sundays, and state holidays, after the filing of
19 the notice of protest by the vendor. The estimated contract
20 amount is not subject to protest pursuant to s. 120.57(3). The
21 bond shall be conditioned upon the payment of all costs and
22 reasonable attorney's fees that are adjudged against the
23 protestor in the administrative hearing in which the action is
24 brought and in any subsequent appellate court proceeding. In
25 lieu of a bond, the department, the water management district,
26 or state agency may, in either case, accept a cashier's check,
27 official bank check, or money order in the amount of the bond.
28 If, after completion of the administrative hearing process and
29 any appellate court proceedings, the department, water
30 management district, or agency prevails, it shall recover all
31 costs and reasonable attorney's fees, charges which shall be
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 included in the final order or judgment, excluding attorney's
2 fees. This section shall not apply to protests filed by the
3 Office of Supplier Diversity. Upon payment of such costs and
4 reasonable attorney's fees charges by the protestor person
5 protesting the award, the bond, cashier's check, official bank
6 check, or money order shall be returned to the protestor him
7 or her. If, after the completion of the administrative hearing
8 process and any appellate court proceedings, the protestor the
9 person protesting the award prevails, the protestor he or she
10 shall recover from the department, water management district,
11 or agency or water management district, all costs and
12 reasonable attorney's fees, charges which shall be included in
13 the final order or of judgment, excluding attorney's fees.
14 (d) The terms, conditions, and specifications of a
15 request for proposal, request for quote, invitation to bid, or
16 invitation to negotiate, including any provisions governing
17 the methods for ranking proposals, awarding contracts,
18 reserving rights of further negotiation, or the modification
19 of amendment of any contract, are subject to challenge only by
20 filing a protest within 72 hours after the notice of the
21 terms, conditions, or specifications as provided in s.
22 120.57(3)(b).
23 (3) To have general supervision, through the state
24 agencies, of all storerooms and stores operated by the
25 agencies and to have supervision of inventories of all
26 commodities belonging to the state agencies. The duties
27 imposed by this section do not relieve any state agency from
28 accountability for commodities under its control.
29 (3)(4) To establish a system of coordinated, uniform
30 procurement policies, procedures, and practices to be used by
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 agencies in acquiring commodities and contractual services,
2 which shall include, but not be limited to:
3 (a) Development of a list of interested vendors to be
4 maintained by classes of commodities and contractual services.
5 This list shall not be used to prequalify vendors or to
6 exclude any interested vendor from bidding.
7 (b)1. Development of procedures for advertising
8 solicitations. These the releasing of requests for proposals,
9 requests for quotes, invitations to bid, invitations to
10 negotiate, and other competitive acquisitions which procedures
11 must provide for electronic posting of solicitations for shall
12 include, but are not limited to, notice by publication in the
13 Florida Administrative Weekly, on Government Services Direct,
14 or by mail at least 10 days before the date set for receipt
15 submittal of bids, proposals, or replies bids, unless the
16 department or other agency determines in writing that a
17 shorter period of time is necessary to avoid harming the
18 interests of the state. The Office of Supplier Diversity may
19 consult with the department agencies regarding the development
20 of solicitation bid distribution procedures to ensure that
21 maximum distribution is afforded to certified minority
22 business enterprises as defined in s. 288.703.
23 2. Development of procedures for electronic posting.
24 The department shall designate a centralized website on the
25 Internet for the department and other agencies to
26 electronically post solicitations, decisions or intended
27 decisions, and other matters relating to procurement. From
28 July 1, 2002, until July 1, 2003, the department shall publish
29 a notice in each edition of the Florida Administrative Weekly
30 which indicates the specific URL or Internet address for the
31 centralized website.
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (c) Development of procedures for the receipt and
2 opening of bids, responses, quotes, or proposals, or replies
3 by an agency. Such procedures shall provide the Office of
4 Supplier Diversity an opportunity to monitor and ensure that
5 the contract award is consistent with the requirements of s.
6 287.09451.
7 (d) Development of procedures to be used by an agency
8 in deciding to contract, including, but not limited to,
9 identifying and assessing in writing project needs and
10 requirements, availability of agency employees, budgetary
11 constraints or availability, facility equipment availability,
12 current and projected agency workload capabilities, and the
13 ability of any other state agency to perform the services.
14 (e) Development of procedures to be used by an agency
15 in maintaining a contract file for each contract which shall
16 include, but not be limited to, all pertinent information
17 relating to the contract during the preparatory stages;, a
18 copy of the solicitation; invitation to bid or request for
19 proposals, documentation relating to the solicitation bid
20 process;, opening of bids, proposals, or replies; evaluation
21 and tabulation of bids, proposals, or replies; and
22 determination and notice of award of contract.
23 (f) Development of procedures to be used by an agency
24 for issuing solicitations that include requirements to
25 describe commodities, services, scope of work, and
26 deliverables in a manner that promotes competition invitations
27 to bid, invitations to negotiate, requests for proposal,
28 requests for quote, or other competitive procurement
29 processes.
30 (g) Development of procedures to be used by an agency
31 when issuing requests for information and requests for quotes.
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (4)(5)(a) To prescribe the methods of securing
2 competitive sealed bids, responses, quotes, and proposals, and
3 replies. Such methods may include, but are not limited to,
4 procedures for identifying vendors; setting qualifications;
5 conducting conferences or written question and answer periods
6 for purposes of responding to vendor questions; evaluating
7 responses, bids, and proposals, and replies; ranking and
8 respondents and proposers; selecting vendors invitees and
9 proposers; and conducting negotiations.
10 (b) To prescribe, in consultation with the State
11 Technology Office, procedures for procuring information
12 technology and information technology consultant services
13 which provide for public announcement and qualification,
14 competitive solicitations selection, competitive negotiation,
15 contract award, and prohibition against contingent fees. Such
16 procedures shall be limited to information technology
17 consultant contracts for which the total project costs, or
18 planning or study activities, are estimated to exceed the
19 threshold amount provided for in s. 287.017, for CATEGORY TWO.
20 (5)(6) To prescribe specific commodities and
21 quantities to be purchased locally.
22 (6)(7)(a) To govern the purchase by any agency of any
23 commodity or contractual service and to establish standards
24 and specifications for any commodity.
25 (b) Except for the purchase of insurance, the
26 department may delegate to agencies the authority for the
27 procurement of and contracting for, or the purchase, lease, or
28 acquisition of, commodities or contractual services.
29 (7)(8) To establish definitions and classes of
30 commodities and contractual services. Agencies shall follow
31 the definitions and classes of commodities and contractual
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 services established by the department in acquiring or
2 purchasing commodities or contractual services. The authority
3 of the department under this section shall not be construed to
4 impair or interfere with the determination by state agencies
5 of their need for, or their use of, services including
6 particular specifications.
7 (8)(9) To provide furnish copies of any commodity and
8 contractual service purchasing rules to the Comptroller and
9 all agencies through an electronic medium or other means
10 affected thereby. Agencies may The Comptroller shall not
11 approve any account or request direct any payment of any
12 account for the purchase of any commodity or the procurement
13 of any contractual service covered by a purchasing or
14 contractual service rule except as authorized therein. The
15 department shall furnish copies of rules adopted by the
16 department to any county, municipality, or other local public
17 agency requesting them.
18 (9)(10) To require that every agency furnish
19 information relative to its commodity and contractual services
20 purchases and methods of purchasing commodities and
21 contractual services to the department when so requested.
22 (10)(11) To prepare statistical data concerning the
23 method of procurement, terms, usage, and disposition of
24 commodities and contractual services by state agencies. All
25 agencies shall furnish such information for this purpose to
26 the office and to the department, as the department or office
27 may call for, but no less frequently than annually, on such
28 forms or in such manner as the department may prescribe.
29 (11)(12) To establish and maintain programs for the
30 purpose of disseminating information to government, industry,
31 educational institutions, and the general public concerning
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 policies, procedures, rules, and forms for the procurement of
2 commodities and contractual services.
3 (12)(13) Except as otherwise provided herein, to adopt
4 rules necessary to carry out the purposes of this section,
5 including the authority to delegate to any state agency any
6 and all of the responsibility conferred by this section,
7 retaining to the department any and all authority for
8 supervision thereof. Such purchasing of commodities and
9 procurement of contractual services by state agencies shall be
10 in strict accordance with the rules and procedures prescribed
11 by the department of Management Services.
12 (13)(14) If the department determines in writing that
13 it is in the best interest of the state, to award to multiple
14 suppliers contracts for commodities and contractual services
15 established by the department for use by all agencies. Such
16 awards may be on a statewide or regional basis. If regional
17 contracts are established by the department, multiple supplier
18 awards may be based upon multiple awards for regions.
19 Agencies may award contracts to a responsible and the lowest
20 qualified responsive vendor bidder on a statewide or regional
21 basis.
22 (14)(15) To procure and distribute state-owned surplus
23 tangible personal property and federal surplus tangible
24 personal property allocated to the state by the Federal
25 Government.
26 (15)(16)(a) To enter into joint agreements with
27 governmental agencies, as defined in s. 163.3164(10), for the
28 purpose of pooling funds for the purchase of commodities or
29 information technology that can be used by multiple agencies.
30 However, the department shall consult with the State
31 Technology Office on joint agreements that involve the
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 purchase of information technology. Agencies entering into
2 joint purchasing agreements with the department or the State
3 Technology Office shall authorize the department or the State
4 Technology Office to contract for such purchases on their
5 behalf.
6 (b) Each agency that has been appropriated or has
7 existing funds for such purchases, shall, upon contract award
8 by the department, transfer their portion of the funds into
9 the department's Grants and Donations Trust Fund for payment
10 by the department. These funds shall be transferred by the
11 Executive Office of the Governor pursuant to the agency budget
12 amendment request provisions in chapter 216.
13 (c) Agencies that sign such joint agreements are
14 financially obligated for their portion of the agreed-upon
15 funds. If any agency becomes more than 90 days delinquent in
16 paying such funds, the department of Management Services shall
17 certify to the Comptroller the amount due, and the Comptroller
18 shall transfer the amount due to the Grants and Donations
19 Trust Fund of the department from any of the agency's
20 available funds. The Comptroller shall report all such
21 transfers and the reasons for such transfers to the Executive
22 Office of the Governor and the legislative appropriations
23 committees.
24 (16)(17)(a) To evaluate contracts let by the Federal
25 Government, another state, or a political subdivision for the
26 provision of commodities and contract services, and, when it
27 is determined in writing to be cost-effective and in the best
28 interest of the state, to enter into a written agreement
29 authorizing an a state agency to make purchases under a
30 contract approved by the department and let by the Federal
31 Government, another state, or a political subdivision.
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (b) For contracts pertaining to the provision of
2 information technology, the State Technology Office, in
3 consultation with the department, shall assess the
4 technological needs of a particular agency, evaluate the
5 contracts, and determine whether to enter into a written
6 agreement with the letting federal, state, or political
7 subdivision body to provide information technology for a
8 particular agency.
9 Section 13. Section 287.045, Florida Statutes, is
10 amended to read:
11 287.045 Procurement of products and materials with
12 recycled content.--
13 (1)(a) The department of Management Services, in
14 cooperation with the Department of Environmental Protection,
15 shall review and revise existing procurement procedures and
16 specifications for the purchase of products and materials to
17 eliminate any procedures and specifications that explicitly
18 discriminate against products and materials with recycled
19 content except where such procedures and specifications are
20 necessary to protect the public health, safety, and welfare.
21 (b) Each state agency shall review and revise its
22 procurement procedures and specifications for the purchase of
23 products and materials to eliminate any procedures and
24 specifications that explicitly discriminate against products
25 and materials with recycled content, except if such procedures
26 and specifications are necessary to protect the public health,
27 safety, and welfare.
28 (2)(a) The department and each state agency shall
29 review and revise its procurement procedures and
30 specifications for the purchase of products and materials to
31 ensure to the maximum extent feasible that each agency uses
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 state contracts to purchase products or materials that may be
2 recycled or reused when these products or materials are
3 discarded.
4 (b) The Auditor General shall assist in monitoring the
5 product procurement requirements.
6 (3) As part of the review and revision required in
7 subsection (2), the department and each agency shall review
8 its procurement provisions and specifications for the purchase
9 of products and materials to determine which products or
10 materials with recycled content could be procured by the
11 department or other agencies and the amount of recycled
12 content that can technologically be contained in such products
13 or materials. The department and other agencies must use the
14 amounts of recycled content and postconsumer recovered
15 material determined by the department in issuing solicitations
16 invitations to bid for contracts for the purchase of such
17 products or materials.
18 (4) Upon completion of the review required in
19 subsection (3), the department and other agencies or an agency
20 shall require that a person who submits a bid, proposal, or
21 reply for a contract for the purchase of products or materials
22 identified in subsection (3) and who wishes to be considered
23 for the price preference described in subsection (5) certify
24 in writing the percentage of recycled content in the product
25 or material that is subject to the bid, proposal, or reply. A
26 person may certify that the product or material contains no
27 recycled content.
28 (5) Upon evaluation of bids, proposals, or replies for
29 every public contract that involves the purchase of products
30 or materials identified in subsection (3), the department or
31 other an agency shall identify the lowest responsible and
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 responsive vendor bidder and other responsible and responsive
2 vendors bidders who have certified that the products or
3 materials contain at least the minimum percentage of recycled
4 content and postconsumer recovered material that is set forth
5 in the solicitation invitation for the bids. The department
6 or agency may consider life-cycle costing when evaluating a
7 bid, proposal, or reply on a product that consists of recycled
8 materials. The department shall adopt rules that specify the
9 criteria to be used when considering life-cycle costing in
10 evaluating bids, proposals, or replies. The rules must take
11 into consideration the specified warranty periods for products
12 and the comparative expected service life relative to the cost
13 of the products. In awarding a contract for the purchase of
14 products or materials, the department or other an agency may
15 allow up to a 10-percent price preference to a responsible and
16 responsive vendor bidder who has certified that the products
17 or materials contain at least the minimum percentage of
18 recycled content and postconsumer recovered material and up to
19 an additional 5-percent price preference to a responsible and
20 responsive vendor bidder who has certified that the products
21 or material are made of materials recovered in this state.
22 The amount of the price preference must be commensurate with
23 the certified amounts of recycled material and postconsumer
24 recovered material and materials recycled from products in
25 this state, contained in the product or materials on a sliding
26 scale as established by department rule, which rule shall not
27 become effective prior to November 1, 1994. Reusable
28 materials and products shall be used where economically and
29 technically feasible. If no vendors bidders offer products or
30 materials with measurable life-cycle costing factors or the
31 minimum prescribed recycled and postconsumer content, the
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 contract must be awarded to the lowest qualified responsible
2 and responsive vendor bidder.
3 (6) For the purposes of this section, the term
4 "recycled content" means materials that have been recycled
5 that are contained in the products or materials to be
6 procured, including, but not limited to, paper, aluminum,
7 steel, glass, plastics, and composted material. The term does
8 not include the virgin component of internally generated scrap
9 that is commonly used in industrial or manufacturing processes
10 or such waste or scrap purchased from another manufacturer who
11 manufactures the same or a closely related product. Recycled
12 content printing and fine writing grades of paper shall
13 contain at least 10 percent postconsumer recovered materials.
14 (7) Any person may request the department to evaluate
15 a product or material with recycled content if the product or
16 material is eligible for inclusion under state contracts. The
17 department shall review each reasonable proposal to determine
18 its merit and, if it finds that the product or material may be
19 used beneficially, it may incorporate that product or material
20 into its procurement procedures.
21 (8) The department and each state agency shall review
22 and revise its procedures and specifications on a continuing
23 basis to encourage the use of products and materials with
24 recycled content and postconsumer recovered material and
25 shall, in developing new procedures and specifications,
26 encourage the use of products and materials with recycled
27 content and postconsumer recovered material.
28 (9) After November 1, 1994, the department may
29 discontinue contracting for products or materials the recycled
30 content of which does not meet the requirements of subsection
31 (3) if it determines that products or materials meeting those
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 requirements are available at a cost not to exceed an
2 additional 10 percent of comparable virgin products.
3 (10) An A state agency, or a vendor person contracting
4 with such agency with respect to work performed under
5 contract, must procure products or materials with recycled
6 content if the department determines that those products or
7 materials are available pursuant to subsection (5).
8 Notwithstanding any other provision to the contrary, for the
9 purpose of this section, the term "agency" means any of the
10 various state officers, departments, boards, commissions,
11 divisions, bureaus, and councils and any other unit of
12 organization, however designated, of the executive branch
13 including the Department of the Lottery, the legislative
14 branch, the judicial branch, the University and College Boards
15 of Trustees, and the state universities and colleges and the
16 State University System. A decision not to procure such items
17 must be based on the department's determination that such
18 procurement is not reasonably available within an acceptable
19 period of time or fails to meet the performance standards set
20 forth in the applicable specifications or fails to meet the
21 performance standards of the agency.
22 (11) Each state agency shall report annually to the
23 department its total expenditures on, and use of, products
24 with recycled content and the percentage of its budget that
25 represents purchases of similar products made from virgin
26 materials. The department shall design a uniform reporting
27 mechanism and prepare annual summaries of statewide purchases
28 delineating those with recycled content to be submitted to the
29 Governor, the President of the Senate, and the Speaker of the
30 House of Representatives.
31
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 Section 14. Section 287.056, Florida Statutes, is
2 amended to read:
3 287.056 Agency Purchases from purchasing agreements
4 and state term contracts executed by the department.--
5 (1) Agencies shall, and eligible users may, purchase
6 commodities and contractual services from the purchasing
7 agreements established and state term contracts procured,
8 pursuant to s. 287.057, negotiated and executed by the
9 department, as authorized in s. 287.042(2).
10 (2) Agencies may have the option to purchase
11 commodities or contractual services from state term any
12 written agreements or contracts procured, pursuant to s.
13 287.057, negotiated and executed by the department which
14 contain a user surcharge pursuant to s. 287.1345 or such other
15 agreements as determined by the department.
16 (3) Agencies and eligible users may use a request for
17 quote to obtain written pricing or services information from a
18 state term contract vendor for commodities or contractual
19 services available on state term contract from that vendor.
20 The purpose of a request for quote is to determine whether a
21 price, term, or condition more favorable to the agency or
22 eligible user than that provided in the state term contract is
23 available. Use of a request for quote does not constitute a
24 decision or intended decision that is subject to protest under
25 s. 120.57(3).
26 Section 15. Section 287.057, Florida Statutes, is
27 amended to read:
28 287.057 Procurement of commodities or contractual
29 services.--
30 (1)(a) Unless otherwise authorized by law, all
31 contracts for the purchase of commodities or contractual
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 services in excess of the threshold amount provided in s.
2 287.017 for CATEGORY TWO shall be awarded by competitive
3 sealed bidding. An invitation to bid shall be made available
4 simultaneously to all vendors and must issued which shall
5 include a detailed description of the commodities or
6 contractual services sought; the time and date for the receipt
7 submittal of bids and of the public opening; and all
8 contractual terms and conditions applicable to the procurement
9 of commodities or contractual services, including the criteria
10 which shall include, but need not be limited to, price, to be
11 used in determining acceptability of the bid. If the agency
12 contemplates renewal of the contract, that fact must it shall
13 be so stated in the invitation to bid. The bid shall include
14 the price for each year for which the contract may be renewed.
15 Evaluation of bids shall include consideration of the total
16 cost for each year as submitted quoted by the vendor bidder.
17 No Criteria that were not set forth in the invitation to bid
18 may not be used in determining acceptability of the bid that
19 was not set forth in the invitation to bid.
20 (b) The contract shall be awarded with reasonable
21 promptness by written notice to the responsible qualified and
22 responsive vendor that bidder who submits the lowest
23 responsive bid. This bid must be determined in writing to
24 meet the requirements and criteria set forth in the invitation
25 to bid.
26 (2)(a) If When an agency determines in writing that
27 the use of an invitation to bid competitive sealed bidding is
28 not practicable, commodities or contractual services shall be
29 procured by competitive sealed proposals. A request for
30 proposals shall be made available simultaneously to all
31 vendors, and must include which includes a statement of the
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 commodities or contractual services sought; the time and date
2 for the receipt of proposals and of the public opening; and
3 all contractual terms and conditions applicable to the
4 procurement of commodities or contractual services, including
5 the criteria, which shall include, but need not be limited to,
6 price, to be used in determining acceptability of the proposal
7 shall be issued. The relative importance of price and other
8 evaluation criteria shall be indicated. If the agency
9 contemplates renewal of the commodities or contractual
10 services contract, that fact must it shall be so stated in the
11 request for proposals. The proposal shall include the price
12 for each year for which the contract may be renewed.
13 Evaluation of proposals shall include consideration of the
14 total cost for each year as submitted quoted by the vendor
15 offeror. To assure full understanding of and responsiveness to
16 the solicitation requirements, discussions may be conducted
17 with qualified offerors. The offerors shall be accorded fair
18 and equal treatment prior to the submittal date specified in
19 the request for proposals with respect to any opportunity for
20 discussion and revision of proposals.
21 (b) The contract award shall be awarded made to the
22 responsible and responsive vendor offeror whose proposal is
23 determined in writing to be the most advantageous to the
24 state, taking into consideration the price and the other
25 criteria set forth in the request for proposals. The contract
26 file shall contain documentation supporting the basis on which
27 the award is made.
28 (3)(a) If the agency determines in writing that the
29 use of an invitation to bid or a request for proposals will
30 not result in the best value to the state, the agency may
31 procure commodities and contractual services by competitive
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 sealed replies. The agency's written determination must
2 specify reasons that explain why negotiation may be necessary
3 in order for the state to achieve the best value and must be
4 approved in writing by the agency head or his or her designee
5 prior to the advertisement of an invitation to negotiate. An
6 invitation to negotiate shall be made available to all vendors
7 simultaneously and must include a statement of the commodities
8 or contractual services sought; the time and date for the
9 receipt of replies and of the public opening; and all terms
10 and conditions applicable to the procurement, including the
11 criteria to be used in determining the acceptability of the
12 reply. If the agency contemplates renewal of the contract,
13 that fact must be stated in the invitation to negotiate. The
14 reply shall include the price for each year for which the
15 contract may be renewed.
16 (b) The agency shall evaluate and rank responsive
17 replies against all evaluation criteria set forth in the
18 invitation to negotiate and shall select, based on the
19 ranking, one or more vendors with which to commence
20 negotiations. After negotiations are conducted, the agency
21 shall award the contract to the responsible and responsive
22 vendor that the agency determines will provide the best value
23 to the state. The contract file must contain a written
24 statement that explains the basis for vendor selection and
25 that sets forth the vendor's deliverables and price, pursuant
26 to the contract, with an explanation of how these deliverables
27 and price provide the best value to the state.
28 (4) Prior to the time for receipt of bids, proposals,
29 or replies, an agency may conduct a conference or written
30 question and answer period for purposes of assuring the
31 vendor's full understanding of the solicitation requirements.
42
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 The vendors shall be accorded fair and equal treatment with
2 respect to any opportunity for discussion and revision of
3 bids, proposals, or replies.
4 (3) If an agency determines that the use of an
5 invitation to bid or a request for a proposal will not result
6 in the best value to the state, based on factors including,
7 but not limited to, price, quality, design, and workmanship,
8 the agency may procure commodities and contractual services by
9 an invitation to negotiate. An agency may procure commodities
10 and contractual services by a request for a quote from vendors
11 under contract with the department.
12 (5)(4) When the purchase price of commodities or
13 contractual services exceeds the threshold amount provided in
14 s. 287.017 for CATEGORY TWO, no purchase of commodities or
15 contractual services may be made without receiving competitive
16 sealed bids, competitive sealed proposals, or competitive
17 sealed replies responses to an invitation to negotiate or a
18 request for a quote unless:
19 (a) The agency head determines in writing that an
20 immediate danger to the public health, safety, or welfare or
21 other substantial loss to the state requires emergency action.
22 After the agency head makes such a written determination, the
23 agency may proceed with the procurement of commodities or
24 contractual services necessitated by the immediate danger,
25 without receiving competitive sealed bids, competitive sealed
26 proposals, or competitive sealed replies competition. However,
27 such emergency procurement shall be made by obtaining pricing
28 information from at least two prospective vendors, which must
29 be retained in the contract file, unless the agency determines
30 in writing that the time required to obtain pricing
31 information will increase the immediate danger to the public
43
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 health, safety, or welfare or other substantial loss to the
2 state with such competition as is practicable under the
3 circumstances. The agency shall furnish copies of all the
4 written determinations determination certified under oath and
5 any other documents relating to the emergency action to the
6 department. A copy of the statement shall be furnished to the
7 Comptroller with the voucher authorizing payment. The
8 individual purchase of personal clothing, shelter, or supplies
9 which are needed on an emergency basis to avoid
10 institutionalization or placement in a more restrictive
11 setting is an emergency for the purposes of this paragraph,
12 and the filing with the department of such statement is not
13 required in such circumstances. In the case of the emergency
14 purchase of insurance, the period of coverage of such
15 insurance shall not exceed a period of 30 days, and all such
16 emergency purchases shall be reported to the department.
17 (b) The purchase is made by an agency from a state
18 term contract procured, pursuant to this section, Purchasing
19 agreements and contracts executed by the department or by an
20 agency, after receiving approval from the department, from a
21 contract procured, pursuant to subsection (1), subsection (2),
22 or subsection (3), by another agency agencies under authority
23 delegated by the department in writing are excepted from bid
24 requirements.
25 (c) Commodities or contractual services available only
26 from a single source may be excepted from the
27 competitive-solicitation bid requirements. When an agency
28 believes that commodities or contractual services are
29 available only from a single source, the agency shall
30 electronically post a description of the commodities or
31 contractual services sought for a period of at least 7
44
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 business days. The description must include a request that
2 prospective vendors provide information regarding their
3 ability to supply the commodities or contractual services
4 described. If it is determined in writing by the agency, after
5 reviewing any information received from prospective vendors,
6 that the commodities or contractual services are available
7 only from a single source, the agency shall:
8 1. Provide notice of its intended decision to enter a
9 single-source purchase contract in the manner specified in s.
10 120.57(3), if the amount of the contract does not exceed the
11 threshold amount provided in s. 287.017 for CATEGORY FOUR.
12 2. Request approval from the department for the
13 single-source purchase, if the amount of the contract exceeds
14 the threshold amount provided in s. 287.017 for CATEGORY FOUR.
15 The agency shall initiate its request for approval in a form
16 prescribed by the department, which request may be
17 electronically transmitted. if it is determined that such
18 commodities or services are available only from a single
19 source and such determination is documented. However, if such
20 contract is for an amount greater than the threshold amount
21 provided in s. 287.017 for CATEGORY FOUR, the agency head
22 shall file a certification of conditions and circumstances
23 with the department and shall obtain the prior approval of the
24 department. The failure of the department to approve or
25 disapprove the agency's request of an agency for prior
26 approval within 21 days after receiving such request or within
27 14 days after receiving from the agency additional materials
28 requested by the department shall constitute prior approval of
29 the department. If the department approves the agency's
30 request, the agency shall provide notice of its intended
31 decision to enter a single-source contract in the manner
45
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 specified in s. 120.57(3) To the greatest extent practicable,
2 but no later than 45 days after authorizing the exception in
3 writing, the department shall combine single-source
4 procurement authorizations for identical information
5 technology resources for which the purchase price exceeds the
6 threshold amount provided in s. 287.017 for CATEGORY FOUR, and
7 shall negotiate and execute volume purchasing agreements for
8 such procurements on behalf of the agencies.
9 (d) When it is in the best interest of the state, the
10 secretary of the department Management Services or his or her
11 designee may authorize the Support Program to purchase
12 insurance by negotiation, but such purchase shall be made only
13 under conditions most favorable to the public interest.
14 (e) Prescriptive assistive devices for the purpose of
15 medical, developmental, or vocational rehabilitation of
16 clients are excepted from competitive solicitation sealed bid
17 and competitive sealed proposal requirements and shall be
18 procured pursuant to an established fee schedule or by any
19 other method which ensures the best price for the state,
20 taking into consideration the needs of the client.
21 Prescriptive assistive devices include, but are not limited
22 to, prosthetics, orthotics, and wheelchairs. For purchases
23 made pursuant to this paragraph, state agencies shall annually
24 file with the department a description of the purchases and
25 methods of procurement.
26 (f) The following contractual services and commodities
27 are not subject to the competitive solicitation sealed bid
28 requirements of this section:
29 1. Artistic services.
30 2. Academic program reviews.
31 3. Lectures by individuals.
46
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 4. Auditing services.
2 5. Legal services, including attorney, paralegal,
3 expert witness, appraisal, or mediator services.
4 6. Health services involving examination, diagnosis,
5 treatment, prevention, medical consultation, or
6 administration.
7 7. Services provided to persons with mental or
8 physical disabilities by not-for-profit corporations which
9 have obtained exemptions under the provisions of s. 501(c)(3)
10 of the United States Internal Revenue Code or when such
11 services are governed by the provisions of Office of
12 Management and Budget Circular A-122. However, in acquiring
13 such services, the agency shall consider the ability of the
14 vendor contractor, past performance, willingness to meet time
15 requirements, and price.
16 8. Medicaid services delivered to an eligible Medicaid
17 recipient by a health care provider who has not previously
18 applied for and received a Medicaid provider number from the
19 Agency for Health Care Administration. However, this exception
20 shall be valid for a period not to exceed 90 days after the
21 date of delivery to the Medicaid recipient and shall not be
22 renewed by the agency.
23 9. Family placement services.
24 10. Prevention services related to mental health,
25 including drug abuse prevention programs, child abuse
26 prevention programs, and shelters for runaways, operated by
27 not-for-profit corporations. However, in acquiring such
28 services, the agency shall consider the ability of the vendor
29 contractor, past performance, willingness to meet time
30 requirements, and price.
31
47
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 11. Training and education services provided to
2 injured employees pursuant to s. 440.49(1).
3 12. Contracts entered into pursuant to s. 337.11.
4 13. Services or commodities provided by governmental
5 agencies.
6 (g) Continuing education events or programs that are
7 offered to the general public and for which fees have been
8 collected that pay all expenses associated with the event or
9 program are exempt from requirements for competitive
10 solicitation sealed bidding.
11 (6)(5) If less than two responsive bids, or proposals,
12 or replies for commodity or contractual services purchases are
13 received, the department or other the agency may negotiate on
14 the best terms and conditions. The department or other agency
15 shall document the reasons that such action is in the best
16 interest of the state in lieu of resoliciting competitive
17 sealed bids, or proposals, or replies. Each The agency shall
18 report all such actions to the department on a quarterly
19 basis, in a manner and form prescribed by the department.
20 (7)(6) Upon issuance of any solicitation invitation to
21 bid or request for proposals, an agency shall, upon request by
22 the department, forward to the department one copy of each
23 solicitation invitation to bid or request for proposals for
24 all commodity and contractual services purchases in excess of
25 the threshold amount provided in s. 287.017 for CATEGORY TWO.
26 An agency shall also, upon request, furnish a copy of all
27 competitive solicitation sealed bid or competitive sealed
28 proposal tabulations. The Office of Supplier Diversity may
29 also request from the agencies any information submitted to
30 the department pursuant to this subsection.
31
48
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (8)(7)(a) In order to strive to meet the minority
2 business enterprise procurement goals set forth in s.
3 287.09451, an agency may reserve any contract for competitive
4 solicitation sealed bidding only among certified minority
5 business enterprises. Agencies shall review all their
6 contracts each fiscal year and shall determine which contracts
7 may be reserved for solicitation bidding only among certified
8 minority business enterprises. This reservation may only be
9 used when it is determined, by reasonable and objective means,
10 before the solicitation invitation to bid that there are
11 capable, qualified certified minority business enterprises
12 available to submit a bid, proposal, or reply on a contract to
13 provide for effective competition. The Office of Supplier
14 Diversity shall consult with any agency in reaching such
15 determination when deemed appropriate.
16 (b) Before a contract may be reserved for solicitation
17 bidding only among by certified minority business enterprises,
18 the agency head must find that such a reservation is in the
19 best interests of the state. All determinations shall be
20 subject to s. 287.09451(5). Once a decision has been made to
21 reserve a contract, but before sealed bids, proposals, or
22 replies are requested, the agency shall estimate what it
23 expects the amount of the contract to be, based on the nature
24 of the services or commodities involved and their value under
25 prevailing market conditions. If all the sealed bids,
26 proposals, or replies received are over this estimate, the
27 agency may reject the bids, proposals, or replies and request
28 new ones from certified minority business enterprises, or the
29 agency may reject the bids, proposals, or replies and reopen
30 the bidding to all eligible vendors qualified bidders.
31
49
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (c) All agencies shall consider the use of price
2 preferences of up to 10 percent, weighted preference formulas,
3 or other preferences for vendors contractors as determined
4 appropriate pursuant to guidelines established in accordance
5 with s. 287.09451(4) to increase the participation of minority
6 business enterprises.
7 (d) All agencies shall avoid any undue concentration
8 of contracts or purchases in categories of commodities or
9 contractual services in order to meet the minority business
10 enterprise purchasing goals in s. 287.09451.
11 (9)(8) An agency may reserve any contract for
12 competitive solicitation sealed bidding only among vendors
13 qualified bidders who agree to use utilize certified minority
14 business enterprises as subcontractors or subvendors. The
15 percentage of funds, in terms of gross contract amount and
16 revenues, which must be expended with the certified minority
17 business enterprise subcontractors and subvendors shall be
18 determined by the agency before such contracts may be
19 reserved. In order to bid on a contract so reserved, the
20 vendor qualified bidder shall identify those certified
21 minority business enterprises which will be utilized as
22 subcontractors or subvendors by sworn statement. At the time
23 of performance or project completion, the contractor shall
24 report by sworn statement the payments and completion of work
25 for all certified minority business enterprises used in the
26 contract.
27 (10)(9) An agency shall not divide the procurement of
28 commodities or contractual services so as to avoid the
29 requirements of subsections (1) through (5), (2), and (3).
30 (11)(10) A contract for commodities or contractual
31 services may be awarded without competition if state or
50
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 federal law prescribes with whom the agency must contract or
2 if the rate of payment is established during the
3 appropriations process.
4 (12)(11) If two equal responses to a solicitation or a
5 request for quote an invitation to bid or request for
6 proposals are received and one response is from a certified
7 minority business enterprise, the agency shall enter into a
8 contract with the certified minority business enterprise.
9 (13)(12) Extension of a contract for contractual
10 services shall be in writing for a period not to exceed 6
11 months and shall be subject to the same terms and conditions
12 set forth in the initial contract. There shall be only one
13 extension of a contract unless the failure to meet the
14 criteria set forth in the contract for completion of the
15 contract is due to events beyond the control of the
16 contractor.
17 (14)(13) Except for those contracts initially procured
18 pursuant to paragraph (3)(a) or paragraph (3)(c), Contracts
19 for commodities or contractual services may be renewed for a
20 period that may not exceed 3 years or on a yearly basis for no
21 more than 2 years or for a period no longer than the term of
22 the original contract, whichever period is longer. Renewal of
23 a contract for commodities or contractual services shall be in
24 writing and shall be subject to the same terms and conditions
25 set forth in the initial contract. If the commodity or
26 contractual service is purchased as a result of the
27 solicitation of bids, or proposals, or replies, the price of
28 the commodity or contractual service to be renewed cost of any
29 contemplated renewals shall be specified included in the bid,
30 proposal, or reply invitation to bid or request for proposals.
31 A renewal contract may not include any compensation for costs
51
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 associated with the renewal. Renewals shall be contingent upon
2 satisfactory performance evaluations by the agency and subject
3 to the availability of funds. Exceptional purchase contracts
4 pursuant to s. 287.057(5)(a) and (c) may not be renewed.
5 (15)(14) For each contractual services contract, the
6 agency shall designate an employee to function as contract
7 manager who shall be responsible for enforcing performance of
8 the contract terms and conditions and serve as a liaison with
9 the contractor. The agency shall establish procedures to
10 ensure that contractual services have been rendered in
11 accordance with the contract terms prior to processing the
12 invoice for payment.
13 (16)(15) Each agency shall designate at least one
14 employee who shall serve as a contract administrator
15 responsible for maintaining a contract file and financial
16 information on all contractual services contracts and who
17 shall serve as a liaison with the contract managers and the
18 department.
19 (17) For a contract in excess of the threshold amount
20 provided in s. 287.017 for CATEGORY FOUR, the agency head
21 shall appoint:
22 (a) At least three persons to evaluate proposals and
23 replies who collectively have experience and knowledge in the
24 program areas and service requirements for which commodities
25 or contractual services are sought.
26 (b) At least three persons to conduct negotiations
27 during a competitive sealed reply procurement who collectively
28 have experience and knowledge in negotiating contracts,
29 contract procurement, and the program areas and service
30 requirements for which commodities or contractual services are
31 sought.
52
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (16) For requests for proposals, a selection team of
2 at least three employees who have experience and knowledge in
3 the program areas and service requirements for which
4 contractual services are sought shall be appointed by the
5 agency head to aid in the selection of contractors for
6 contracts of more than the threshold amount provided in s.
7 287.017 for CATEGORY FOUR.
8 (18)(17) A No person who receives a contract that
9 which has not been procured pursuant to subsection (1) through
10 (5), subsection (2), or subsection (3) to perform a
11 feasibility study of the potential implementation of a
12 subsequent contract, who participates participating in the
13 drafting of a solicitation an invitation to bid or request for
14 proposals, or who develops developing a program for future
15 implementation,is not shall be eligible to contract with the
16 agency for any other contracts dealing with that specific
17 subject matter, and; nor shall any firm in which such person
18 has any interest is not be eligible to receive such contract.
19 However, this prohibition does not prevent a vendor who
20 responds to a request for information from being eligible to
21 contract with an agency.
22 (19)(18) Each agency shall establish a review and
23 approval process for all contractual services contracts
24 costing more than the threshold amount provided for in s.
25 287.017 for CATEGORY THREE which shall include, but not be
26 limited to, program, financial, and legal review and approval.
27 Such reviews and approvals shall be obtained before the
28 contract is executed.
29 (19) The department may establish state contractual
30 service term contracts. Such contracts may be utilized by any
31 agency, county, municipality, or local public agency.
53
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (20) In any procurement that costs more than the
2 threshold amount provided for in s. 287.017 for CATEGORY TWO
3 and is accomplished without competition, the individuals
4 taking part in the development or selection of criteria for
5 evaluation, the evaluation process, and the award process
6 shall attest in writing that they are independent of, and have
7 no conflict of interest in, the entities evaluated and
8 selected.
9 (21) Nothing in this section shall affect the validity
10 or effect of any contract in existence on October 1, 1990.
11 (22) An agency may contract for services with any
12 independent, nonprofit college or university which is located
13 within the state and is accredited by the Southern Association
14 of Colleges and Schools, on the same basis as it may contract
15 with any state university and college institution in the State
16 University System.
17 (23)(a) The department, in consultation with the State
18 Technology Office and the Comptroller, shall develop a program
19 for on-line procurement of commodities and contractual
20 services. To enable the state to promote open competition and
21 to leverage its buying power, executive state agencies shall
22 participate in the on-line procurement program, and eligible
23 users other agencies may participate in the program. Only
24 vendors bidders prequalified as meeting mandatory requirements
25 and qualifications criteria shall be permitted to participate
26 in on-line procurement. The department, in consultation with
27 the State Technology Office, may contract for equipment and
28 services necessary to develop and implement on-line
29 procurement.
30 (b) The State Technology Office, in consultation with
31 the department, in consultation with the State Technology
54
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 Office, shall adopt rules, pursuant to ss. 120.536(1) and
2 120.54, to administer implement the program for on-line
3 procurement. The rules shall include, but not be limited to:
4 1. Determining the requirements and qualification
5 criteria for prequalifying vendors bidders.
6 2. Establishing the procedures for conducting on-line
7 procurement.
8 3. Establishing the criteria for eligible commodities
9 and contractual services.
10 4. Establishing the procedures for providing access to
11 on-line procurement.
12 5. Determining the criteria warranting any exceptions
13 to participation in the on-line procurement program.
14 (c) The department of Management Services and the
15 State Technology Office may collect fees for the use of the
16 on-line procurement systems. The fees may be imposed on an
17 individual transaction basis or as a fixed percentage of the
18 cost savings generated. At a minimum, the fees must be set in
19 an amount sufficient to cover the projected costs of such
20 services, including administrative and project service costs
21 in accordance with the policies of the department of
22 Management Services and the State Technology Office. For the
23 purposes of compensating the provider, the department may
24 authorize the provider to collect and retain a portion of the
25 fees. The providers may withhold the portion retained from the
26 amount of fees to be remitted to the department. The
27 department may negotiate the retainage as a percentage of such
28 fees charged to users, as a flat amount, or as any other
29 method the department deems feasible. All fees and surcharges
30 collected under this paragraph shall be deposited in the
31 Grants and Donation Trust Fund as provided by law.
55
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (24)(a) The State Technology Office shall establish,
2 in consultation with the department, state strategic
3 information technology alliances for the acquisition and use
4 of information technology and related material with
5 prequalified contractors or partners to provide the state with
6 efficient, cost-effective, and advanced information
7 technology.
8 (b) In consultation with and under contract to the
9 State Technology Office, the state strategic information
10 technology alliances shall design, develop, and deploy
11 projects providing the information technology needed to
12 collect, store, and process the state's data and information,
13 provide connectivity, and integrate and standardize computer
14 networks and information systems of the state.
15 (c) The partners in the state strategic information
16 technology alliances shall be industry leaders with
17 demonstrated experience in the public and private sectors.
18 (d) The State Technology Office, in consultation with
19 the department of Management Services, shall adopt rules,
20 pursuant to ss. 120.536(1) and 120.54, to administer implement
21 the state strategic information technology alliances.
22 Section 16. Section 287.0572, Florida Statutes, is
23 amended to read:
24 287.0572 Present-value methodology.--
25 (1) The cost of bids, or proposals, or replies for
26 state contracts that which require the payment of money for
27 more than 1 year and include provisions for unequal payment
28 streams or unequal time payment periods shall be evaluated
29 using present-value methodology. Each agency, as defined in
30 s. 287.012(1), shall perform the evaluation using the
31 present-value discount rate supplied by the department of
56
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 Management Services. The present-value discount rate shall be
2 the rate for United States Treasury notes and bonds published
3 in the Interest Rates: Money and Capital Markets section of
4 the most recent copy of the Federal Reserve Bulletin published
5 at the time of issuance of the request for proposals, the
6 invitation to negotiate, or the invitation invitations to bid.
7 (2) The department of Management Services may adopt
8 rules to administer implement the provisions of subsection
9 (1).
10 Section 17. Subsections (1), (4), and (5) of section
11 287.058, Florida Statutes, are amended to read:
12 287.058 Contract document.--
13 (1) Every procurement of contractual services in
14 excess of the threshold amount provided in s. 287.017 for
15 CATEGORY TWO, except for the providing of health and mental
16 health services or drugs in the examination, diagnosis, or
17 treatment of sick or injured state employees or the providing
18 of other benefits as required by the provisions of chapter
19 440, shall be evidenced by a written agreement embodying all
20 provisions and conditions of the procurement of such services,
21 which provisions and conditions shall, where applicable,
22 include, but shall not be limited to:
23 (a) A provision that bills for fees or other
24 compensation for services or expenses be submitted in detail
25 sufficient for a proper preaudit and postaudit thereof.
26 (b) A provision that bills for any travel expenses be
27 submitted in accordance with s. 112.061. A state agency may
28 establish rates lower than the maximum provided in s. 112.061.
29 (c) A provision allowing unilateral cancellation by
30 the agency for refusal by the contractor to allow public
31 access to all documents, papers, letters, or other material
57
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 made or received by the contractor in conjunction with the
2 contract, unless the records are exempt from s. 24(a) of Art.
3 I of the State Constitution and s. 119.07(1).
4 (d) A provision dividing the contract into units of
5 deliverables, which shall include, but not be limited to,
6 reports, findings, and drafts, that must be received and
7 accepted in writing by the contract manager prior to payment.
8 (e) A provision specifying the criteria and the final
9 date by which such criteria must be met for completion of the
10 contract.
11 (f) A provision specifying that the contract may be
12 renewed for a period that may not exceed 3 years or on a
13 yearly basis for a period of up to 2 years after the initial
14 contract or for a period no longer than the term of the
15 original contract, whichever period is longer, specifying the
16 renewal price for the contractual service as set forth in the
17 bid, proposal, or reply, specifying that costs for the renewal
18 may not be charged, terms under which the cost may change as
19 determined in the invitation to bid or request for proposals,
20 and specifying that renewals shall be contingent upon
21 satisfactory performance evaluations by the agency and subject
22 to the availability of funds. Exceptional purchase contracts
23 pursuant to s. 287.057(5)(a) and (c) may not be renewed.
24
25 In lieu of a written agreement, the department may authorize
26 the use of a purchase order for classes of contractual
27 services, if provided the provisions of paragraphs (a)-(f) are
28 included in the purchase order or solicitation, invitation to
29 bid, or request for proposals. The purchase order must shall
30 include, but need not be limited to, an adequate description
31 of the services, the contract period, and the method of
58
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 payment. In lieu of printing the provisions of paragraphs
2 (a)-(f) in the contract document or purchase order, agencies
3 may incorporate the requirements of paragraphs (a)-(f) by
4 reference.
5 (4) Every procurement of contractual services of the
6 value of the threshold amount provided in s. 287.017 for
7 CATEGORY TWO or less, except for the providing of health and
8 mental health services or drugs in the examination, diagnosis,
9 or treatment of sick or injured state employees or the
10 providing of other benefits as required by the provisions of
11 chapter 440, shall be evidenced by a written agreement or
12 purchase order. The written agreement or purchase order must
13 shall contain sufficient detail for a proper audit, must shall
14 be signed by purchasing or contracting personnel acting on
15 behalf of the agency, and may contain the provisions and
16 conditions provided in subsection (1).
17 (5) Unless otherwise provided in the General
18 Appropriations Act or the substantive bill implementing the
19 General Appropriations Act, the Comptroller may waive the
20 requirements of this section for services which are included
21 in s. 287.057(5)(f) s. 287.057(4)(f).
22 Section 18. Subsection (2) of section 287.059, Florida
23 Statutes, is amended to read:
24 287.059 Private attorney services.--
25 (2) No agency shall contract for private attorney
26 services without the prior written approval of the Attorney
27 General, except that such written approval is not required for
28 private attorney services:
29 (a) Procured by the Executive Office of the Governor
30 or any department under the exclusive jurisdiction of a single
31 Cabinet officer.
59
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (b) Provided by legal services organizations to
2 indigent clients.
3 (c) Necessary to represent the state in litigation
4 involving the State Risk Management Trust Fund pursuant to
5 part II of chapter 284.
6 (d) Procured by the university and college boards of
7 trustees or the state universities and colleges Board of
8 Regents and the universities of the State University System.
9 (e) Procured by community and junior colleges and
10 multicounty special districts.
11 (f) Procured by the Board of Trustees for the Florida
12 School for the Deaf and the Blind.
13 Section 19. Subsections (1) and (2) of section
14 287.0595, Florida Statutes, are amended to read:
15 287.0595 Pollution response action contracts;
16 department rules.--
17 (1) The Department of Environmental Protection shall
18 establish, by adopting through the promulgation of
19 administrative rules as provided in chapter 120:
20 (a) Procedures for determining the qualifications of
21 responsible potential vendors bidders prior to advertisement
22 for and receipt of bids, proposals, or replies for pollution
23 response action contracts, including procedures for the
24 rejection of unqualified vendors bidders. Response actions are
25 those activities described in s. 376.301(37).
26 (b) Procedures for awarding such contracts to the
27 lowest responsible and responsive vendor qualified bidder as
28 well as procedures to be followed in cases in which the
29 department declares a valid emergency to exist which would
30 necessitate the waiver of the rules governing the awarding of
31
60
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 such contracts to the lowest responsible and responsive vendor
2 qualified bidder.
3 (c) Procedures governing payment of contracts.
4 (d) Procedures to govern negotiations for contracts,
5 modifications to contract documents, and terms and conditions
6 of contracts.
7 (2) In adopting rules under this section, the
8 Department of Environmental Protection shall follow the
9 criteria applicable to the department's Department of
10 Management Services contracting to the maximum extent
11 possible, consistent with the goals and purposes of ss.
12 376.307 and 376.3071.
13 Section 20. Section 287.073, Florida Statutes, is
14 repealed.
15 Section 21. Section 287.0731, Florida Statutes, is
16 amended to read:
17 287.0731 Team for contract negotiations.--Contingent
18 upon funding in the General Appropriations Act, the department
19 of Management Services, in consultation with the State
20 Technology Office, shall establish a permanent team that
21 includes for contract negotiations including a chief
22 negotiator, to specialize in conducting negotiations for the
23 procurement of information technology with an invitation to
24 negotiate.
25 Section 22. Section 287.0822, Florida Statutes, is
26 amended to read:
27 287.0822 Beef and pork; prohibition on purchase; bid
28 specifications; penalty.--
29 (1) Fresh or frozen beef or pork that has not been
30 inspected by the United States Department of Agriculture or by
31 another state's inspection program which has been approved by
61
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 the United States Department of Agriculture shall not be
2 purchased, or caused to be purchased, by any agency of the
3 state or of any municipality, political subdivision, school
4 district, or special district for consumption in this state or
5 for distribution for consumption in this state. Solicitations
6 Bid invitations issued by any agency of the state or of any
7 municipality, political subdivision, school district, or
8 special district for the purchase of fresh or frozen beef or
9 pork must specify that only beef or pork inspected and passed
10 by either the United States Department of Agriculture or by
11 another state's inspection program which has been approved by
12 the United States Department of Agriculture will be accepted.
13 The supplier or vendor shall certify on the invoice that the
14 fresh or frozen beef or pork or imported beef or pork supplied
15 is either domestic or complies with this subsection.
16 (2) All solicitations bid invitations for purchase of
17 fresh or frozen meats of any kind by any agency of the state
18 or of any municipality, political subdivision, school
19 district, or special district using state or local funds shall
20 include the words: " 'All American' and 'Genuine Florida'
21 meats or meat products shall be granted preference as allowed
22 by Section 287.082, Florida Statutes."
23 (3) Any person who knowingly violates or causes to be
24 violated the provisions of this section shall be personally
25 liable to the affected public agency for any funds spent in
26 violation of the provisions of this section.
27 Section 23. Section 287.084, Florida Statutes, is
28 amended to read:
29 287.084 Preference to Florida businesses.--
30 (1) When an agency, county, municipality, school
31 district, or other political subdivision of the state is
62
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 required to make purchases of personal property through
2 competitive solicitation bidding and the lowest responsible
3 and responsive bid, proposal, or reply is by a vendor bidder
4 whose principal place of business is in a state or political
5 subdivision thereof which grants a preference for the purchase
6 of such personal property to a person whose principal place of
7 business is in such state, then the agency, county,
8 municipality, school district, or other political subdivision
9 of this state may award a preference to the lowest responsible
10 and responsive vendor bidder having a principal place of
11 business within this state, which preference is equal to the
12 preference granted by the state or political subdivision
13 thereof in which the lowest responsible and responsive vendor
14 bidder has its his or her principal place of business.
15 However, this section does shall not apply to transportation
16 projects for which federal aid funds are available.
17 (2) If a solicitation an invitation for bids provides
18 for the granting of such preference as is provided in this
19 section herein, any vendor bidder whose principal place of
20 business is outside the State of Florida must accompany any
21 written bid, proposal, or reply documents with a written
22 opinion of an attorney at law licensed to practice law in that
23 foreign state, as to the preferences, if any or none, granted
24 by the law of that state to its own business entities whose
25 principal places of business are in that foreign state in the
26 letting of any or all public contracts.
27 Section 24. Section 287.087, Florida Statutes, is
28 amended to read:
29 287.087 Preference to businesses with drug-free
30 workplace programs.--Whenever two or more bids, proposals, or
31 replies that which are equal with respect to price, quality,
63
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 and service are received by the state or by any political
2 subdivision for the procurement of commodities or contractual
3 services, a bid, proposal, or reply received from a business
4 that certifies that it has implemented a drug-free workplace
5 program shall be given preference in the award process. In
6 order to have a drug-free workplace program, a business shall:
7 (1) Publish a statement notifying employees that the
8 unlawful manufacture, distribution, dispensing, possession, or
9 use of a controlled substance is prohibited in the workplace
10 and specifying the actions that will be taken against
11 employees for violations of such prohibition.
12 (2) Inform employees about the dangers of drug abuse
13 in the workplace, the business's policy of maintaining a
14 drug-free workplace, any available drug counseling,
15 rehabilitation, and employee assistance programs, and the
16 penalties that may be imposed upon employees for drug abuse
17 violations.
18 (3) Give each employee engaged in providing the
19 commodities or contractual services that are under bid a copy
20 of the statement specified in subsection (1).
21 (4) In the statement specified in subsection (1),
22 notify the employees that, as a condition of working on the
23 commodities or contractual services that are under bid, the
24 employee will abide by the terms of the statement and will
25 notify the employer of any conviction of, or plea of guilty or
26 nolo contendere to, any violation of chapter 893 or of any
27 controlled substance law of the United States or any state,
28 for a violation occurring in the workplace no later than 5
29 days after such conviction.
30 (5) Impose a sanction on, or require the satisfactory
31 participation in a drug abuse assistance or rehabilitation
64
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 program if such is available in the employee's community by,
2 any employee who is so convicted.
3 (6) Make a good faith effort to continue to maintain a
4 drug-free workplace through implementation of this section.
5 Section 25. Section 287.093, Florida Statutes, is
6 amended to read:
7 287.093 Minority business enterprises; procurement of
8 personal property and services from funds set aside for such
9 purpose.--Any county, municipality, community college, or
10 district school board may set aside up to 10 percent or more
11 of the total amount of funds allocated for the procurement of
12 personal property and services for the purpose of entering
13 into contracts with minority business enterprises. Such
14 contracts shall be competitively solicited bid only among
15 minority business enterprises. The set-aside shall be used to
16 redress present effects of past discriminatory practices and
17 shall be subject to periodic reassessment to account for
18 changing needs and circumstances.
19 Section 26. Paragraphs (n) and (o) of subsection (4)
20 and paragraphs (d) and (e) of subsection (5) of section
21 287.09451, Florida Statutes, are amended to read:
22 287.09451 Office of Supplier Diversity; powers,
23 duties, and functions.--
24 (4) The Office of Supplier Diversity shall have the
25 following powers, duties, and functions:
26 (n)1. To develop procedures to be used by an agency in
27 identifying commodities, contractual services, architectural
28 and engineering services, and construction contracts, except
29 those architectural, engineering, construction, or other
30 related services or contracts subject to the provisions of
31 chapter 339, that could be provided by minority business
65
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 enterprises. Each agency is encouraged to spend 21 percent of
2 the moneys actually expended for construction contracts, 25
3 percent of the moneys actually expended for architectural and
4 engineering contracts, 24 percent of the moneys actually
5 expended for commodities, and 50.5 percent of the moneys
6 actually expended for contractual services during the previous
7 fiscal year, except for the state university construction
8 program which shall be based upon public education capital
9 outlay projections for the subsequent fiscal year, and
10 reported to the Legislature pursuant to s. 216.023, for the
11 purpose of entering into contracts with certified minority
12 business enterprises as defined in s. 288.703(2), or approved
13 joint ventures. However, in the event of budget reductions
14 pursuant to s. 216.221, the base amounts may be adjusted to
15 reflect such reductions. The overall spending goal for each
16 industry category shall be subdivided as follows:
17 a. For construction contracts: 4 percent for black
18 Americans, 6 percent for Hispanic-Americans, and 11 percent
19 for American women.
20 b. For architectural and engineering contracts: 9
21 percent for Hispanic-Americans, 1 percent for Asian-Americans,
22 and 15 percent for American women.
23 c. For commodities: 2 percent for black Americans, 4
24 percent for Hispanic-Americans, 0.5 percent for
25 Asian-Americans, 0.5 percent for Native Americans, and 17
26 percent for American women.
27 d. For contractual services: 6 percent for black
28 Americans, 7 percent for Hispanic-Americans, 1 percent for
29 Asian-Americans, 0.5 percent for Native Americans, and 36
30 percent for American women.
31
66
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 2. For the purposes of commodities contracts for the
2 purchase of equipment to be used in the construction and
3 maintenance of state transportation facilities involving the
4 Department of Transportation, "minority business enterprise"
5 has the same meaning as provided in s. 288.703. "Minority
6 person" has the same meaning as in s. 288.703(3). In order to
7 ensure that the goals established under this paragraph for
8 contracting with certified minority business enterprises are
9 met, the department, with the assistance of the Office of
10 Supplier Diversity, shall make recommendations to the
11 Legislature on revisions to the goals, based on an updated
12 statistical analysis, at least once every 5 years. Such
13 recommendations shall be based on statistical data indicating
14 the availability of and disparity in the use of minority
15 businesses contracting with the state. The results of the
16 first updated disparity study must be presented to the
17 Legislature no later than December 1, 1996.
18 3. In determining the base amounts for assessing
19 compliance with this paragraph, the Office of Supplier
20 Diversity may develop, by rule, guidelines for all agencies to
21 use in establishing such base amounts. These rules must
22 include, but are not limited to, guidelines for calculation of
23 base amounts, a deadline for the agencies to submit base
24 amounts, a deadline for approval of the base amounts by the
25 Office of Supplier Diversity, and procedures for adjusting the
26 base amounts as a result of budget reductions made pursuant to
27 s. 216.221.
28 4. To determine guidelines for the use of price
29 preferences, weighted preference formulas, or other
30 preferences, as appropriate to the particular industry or
31 trade, to increase the participation of minority businesses in
67
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 state contracting. These guidelines shall include
2 consideration of:
3 a. Size and complexity of the project.
4 b. The concentration of transactions with minority
5 business enterprises for the commodity or contractual services
6 in question in prior agency contracting.
7 c. The specificity and definition of work allocated to
8 participating minority business enterprises.
9 d. The capacity of participating minority business
10 enterprises to complete the tasks identified in the project.
11 e. The available pool of minority business enterprises
12 as prime contractors, either alone or as partners in an
13 approved joint venture that serves as the prime contractor.
14 5. To determine guidelines for use of joint ventures
15 to meet minority business enterprises spending goals. For
16 purposes of this section, "joint venture" means any
17 association of two or more business concerns to carry out a
18 single business enterprise for profit, for which purpose they
19 combine their property, capital, efforts, skills, and
20 knowledge. The guidelines shall allow transactions with joint
21 ventures to be eligible for credit against the minority
22 business enterprise goals of an agency when the contracting
23 joint venture demonstrates that at least one partner to the
24 joint venture is a certified minority business enterprise as
25 defined in s. 288.703, and that such partner is responsible
26 for a clearly defined portion of the work to be performed, and
27 shares in the ownership, control, management,
28 responsibilities, risks, and profits of the joint venture.
29 Such demonstration shall be by verifiable documents and sworn
30 statements and may be reviewed by the Office of Supplier
31 Diversity at or before the time a contract bid, proposal, or
68
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 reply is submitted. An agency may count toward its minority
2 business enterprise goals a portion of the total dollar amount
3 of a contract equal to the percentage of the ownership and
4 control held by the qualifying certified minority business
5 partners in the contracting joint venture, so long as the
6 joint venture meets the guidelines adopted by the office.
7 (o)1. To establish a system to record and measure the
8 use of certified minority business enterprises in state
9 contracting. This system shall maintain information and
10 statistics on certified minority business enterprise
11 participation, awards, dollar volume of expenditures and
12 agency goals, and other appropriate types of information to
13 analyze progress in the access of certified minority business
14 enterprises to state contracts and to monitor agency
15 compliance with this section. Such reporting must include, but
16 is not limited to, the identification of all subcontracts in
17 state contracting by dollar amount and by number of
18 subcontracts and the identification of the utilization of
19 certified minority business enterprises as prime contractors
20 and subcontractors by dollar amounts of contracts and
21 subcontracts, number of contracts and subcontracts, minority
22 status, industry, and any conditions or circumstances that
23 significantly affected the performance of subcontractors.
24 Agencies shall report their compliance with the requirements
25 of this reporting system at least annually and at the request
26 of the office. All agencies shall cooperate with the office in
27 establishing this reporting system. Except in construction
28 contracting, all agencies shall review contracts costing in
29 excess of CATEGORY FOUR as defined in s. 287.017 to determine
30 if such contracts could be divided into smaller contracts to
31 be separately solicited bid and awarded, and shall, when
69
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 economical, offer such smaller contracts to encourage minority
2 participation.
3 2. To report agency compliance with the provisions of
4 subparagraph 1. for the preceding fiscal year to the Governor
5 and Cabinet, the President of the Senate, the Speaker of the
6 House of Representatives, and the secretary of the Department
7 of Labor and Employment Security on or before February 1 of
8 each year. The report must contain, at a minimum, the
9 following:
10 a. Total expenditures of each agency by industry.
11 b. The dollar amount and percentage of contracts
12 awarded to certified minority business enterprises by each
13 state agency.
14 c. The dollar amount and percentage of contracts
15 awarded indirectly to certified minority business enterprises
16 as subcontractors by each state agency.
17 d. The total dollar amount and percentage of contracts
18 awarded to certified minority business enterprises, whether
19 directly or indirectly, as subcontractors.
20 e. A statement and assessment of good faith efforts
21 taken by each state agency.
22 f. A status report of agency compliance with
23 subsection (6), as determined by the Minority Business
24 Enterprise Office.
25 (5)
26 (d) If Should the proposed procurement proceeds
27 proceed to competitive solicitation bidding, the office is
28 hereby granted standing to protest, pursuant to this section,
29 in a timely manner, any contract award during in competitive
30 solicitation bidding for contractual services and construction
31 contracts that fail to include minority business enterprise
70
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 participation, if any responsible and responsive vendor
2 responding bidder has demonstrated the ability to achieve any
3 level of participation, or, any contract award for commodities
4 where, a reasonable and economical opportunity to reserve a
5 contract, statewide or district level, for minority
6 participation was not executed or, an agency failed to adopt
7 an applicable preference for minority participation. The bond
8 requirement shall be waived for the office purposes of this
9 subsection.
10 (e) An agency may presume that a vendor bidder
11 offering no minority participation has not made a good faith
12 effort when other vendors bidders offer minority participation
13 of firms listed as relevant to the agency's purchasing needs
14 in the pertinent locality or statewide to complete the
15 project.
16 Section 27. Section 287.121, Florida Statutes, is
17 repealed.
18 Section 28. Paragraph (g) of subsection (1),
19 subsection (2), and paragraphs (a) and (d) of subsection (3)
20 of section 287.133, Florida Statutes, are amended to read:
21 287.133 Public entity crime; denial or revocation of
22 the right to transact business with public entities.--
23 (1) As used in this section:
24 (g) "Public entity crime" means a violation of any
25 state or federal law by a person with respect to and directly
26 related to the transaction of business with any public entity
27 or with an agency or political subdivision of any other state
28 or with the United States, including, but not limited to, any
29 bid, proposal, reply, or contract for goods or services, any
30 lease for real property, or any contract for the construction
31 or repair of a public building or public work, involving
71
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 antitrust, fraud, theft, bribery, collusion, racketeering,
2 conspiracy, or material misrepresentation.
3 (2)(a) A person or affiliate who has been placed on
4 the convicted vendor list following a conviction for a public
5 entity crime may not submit a bid, proposal, or reply on a
6 contract to provide any goods or services to a public entity;,
7 may not submit a bid, proposal, or reply on a contract with a
8 public entity for the construction or repair of a public
9 building or public work;, may not submit bids, proposals, or
10 replies on leases of real property to a public entity;, may
11 not be awarded or perform work as a contractor, supplier,
12 subcontractor, or consultant under a contract with any public
13 entity;, and may not transact business with any public entity
14 in excess of the threshold amount provided in s. 287.017 for
15 CATEGORY TWO for a period of 36 months following from the date
16 of being placed on the convicted vendor list.
17 (b) A No public entity may not shall accept any bid,
18 proposal, or reply from, award any contract to, or transact
19 any business in excess of the threshold amount provided in s.
20 287.017 for CATEGORY TWO with any person or affiliate on the
21 convicted vendor list for a period of 36 months following from
22 the date that person or affiliate was placed on the convicted
23 vendor list unless that person or affiliate has been removed
24 from the list pursuant to paragraph (3)(f). A No public
25 entity that which was transacting business with a person at
26 the time of the commission of a public entity crime resulting
27 which resulted in that person being placed on the convicted
28 vendor list may not shall accept any bid, proposal, or reply
29 from, award any contract to, or transact any business with any
30 other person who is under the same, or substantially the same,
31 control as the person whose name appears on the convicted
72
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 vendor list so long as that person's name appears on the
2 convicted vendor list.
3 (3)(a) All invitations to bid as defined by s.
4 287.012(11), requests for proposals as defined by s.
5 287.012(15), and invitations to negotiate, as defined in s.
6 287.012, and any contract document described by s. 287.058
7 shall contain a statement informing persons of the provisions
8 of paragraph (2)(a).
9 (d) The department shall maintain a list of the names
10 and addresses of those who have been disqualified from the
11 public contracting and purchasing process under this section.
12 The department shall publish an initial list on January 1,
13 1990, and shall publish an updated version of the list
14 quarterly thereafter. The initial list and revised quarterly
15 lists shall be electronically posted published in the Florida
16 Administrative Weekly. Notwithstanding this paragraph, a
17 person or affiliate disqualified from the public contracting
18 and purchasing process pursuant to this section shall be
19 disqualified as of the date the final order is entered.
20 Section 29. Subsection (2) and paragraphs (a) and (c)
21 of subsection (3) of section 287.134, Florida Statutes, are
22 amended to read:
23 287.134 Discrimination; denial or revocation of the
24 right to transact business with public entities.--
25 (2)(a) An entity or affiliate who has been placed on
26 the discriminatory vendor list may not submit a bid, proposal,
27 or reply on a contract to provide any goods or services to a
28 public entity;, may not submit a bid, proposal, or reply on a
29 contract with a public entity for the construction or repair
30 of a public building or public work;, may not submit bids,
31 proposals, or replies on leases of real property to a public
73
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 entity;, may not be awarded or perform work as a contractor,
2 supplier, subcontractor, or consultant under a contract with
3 any public entity;, and may not transact business with any
4 public entity.
5 (b) A No public entity may not shall accept any bid,
6 proposals, or replies from, award any contract to, or transact
7 any business with any entity or affiliate on the
8 discriminatory vendor list for a period of 36 months following
9 from the date that entity or affiliate was placed on the
10 discriminatory vendor list unless that entity or affiliate has
11 been removed from the list pursuant to paragraph (3)(f). A No
12 public entity that which was transacting business with an
13 entity at the time of the discrimination resulting which
14 resulted in that entity being placed on the discriminatory
15 vendor list may not shall accept any bid, proposal, or reply
16 from, award any contract to, or transact any business with any
17 other entity who is under the same, or substantially the same,
18 control as the entity whose name appears on the discriminatory
19 vendor list so long as that entity's name appears on the
20 discriminatory vendor list.
21 (3)(a) All invitations to bid, as defined by s.
22 287.012(11), requests for proposals, as defined by s.
23 287.012(15), and invitations to negotiate, as defined by s.
24 287.012, and any written contract document of the state must
25 shall contain a statement informing entities of the provisions
26 of paragraph (2)(a).
27 (c) The department shall maintain a list of the names
28 and addresses of any entity which has been disqualified from
29 the public contracting and purchasing process under this
30 section. The department shall publish an initial list on
31 January 1, 2001, and shall publish an updated version of the
74
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 list quarterly thereafter. The initial list and revised
2 quarterly lists shall be electronically posted published in
3 the Florida Administrative Weekly. Notwithstanding this
4 paragraph, an entity or affiliate disqualified from the public
5 contracting and purchasing process pursuant to this section
6 shall be disqualified as of the date the final order is
7 entered.
8 Section 30. Section 287.1345, Florida Statutes, is
9 amended to read:
10 287.1345 Surcharge on users of state term contracts;
11 deposit of proceeds collected.--The department of Management
12 Services may impose a surcharge upon users of state term
13 contracts in order to fund the costs, including overhead, of
14 its procurement function. The department may provide for the
15 state term contract vendor to collect the surcharge or
16 directly collect the fee from the public agency or eligible
17 user involved. For the purpose of compensating vendors for
18 expenses incurred in collecting such fees, the department may
19 authorize a vendor to retain a portion of the fees. The
20 vendor may withhold the portion retained from the amount of
21 fees to be remitted to the department. The department may
22 negotiate the retainage as a percentage of such fees charged
23 to users, as a flat amount, or as any other method the
24 department deems feasible. Vendors shall maintain accurate
25 sales summaries for purchases made from state term contracts
26 and shall provide the summaries to the department on a
27 quarterly basis. Any contract remedies relating to the
28 collection of such fees from users through vendors are
29 enforceable, including, but not limited to, liquidated
30 damages, late fees, and the costs of collection, including
31 attorney's fees. The fees collected pursuant to this section
75
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 shall be deposited into the Grants and Donations Trust Fund of
2 the department and are subject to appropriation as provided by
3 law. The Executive Office of the Governor may exempt
4 transactions from the payment of the surcharge if payment of
5 such surcharge would cause the state, a political subdivision,
6 or unit of local government to lose federal funds or in other
7 cases where such exemption is in the public interest. The
8 fees collected pursuant to this section and interest income on
9 such fees shall not be deemed to be income of a revenue nature
10 for purposes of chapter 215.
11 Section 31. Section 373.610, Florida Statutes, is
12 amended to read:
13 373.610 Defaulting vendors and contractors.--The
14 district may suspend a contractor on a temporary or permanent
15 basis from doing work with the district if such contractor has
16 materially breached its contract with the district. The
17 district shall adopt rules to administer the provisions of
18 this section to specify the circumstances and conditions that
19 constitute a materially breached contract and conditions that
20 constitute the period for temporary or permanent suspension
21 and for reinstatement.
22 Section 32. Section 373.611, Florida Statutes, is
23 amended to read:
24 373.611 Modification or limitation of remedy.--In
25 order to promote the cost-effective procurement of commodities
26 and contractual services by the water management districts, a
27 district may enter into contracts to limit or alter the
28 measure of damages recoverable from a vendor or contractor by
29 a district when procuring commodities or contractual services,
30 consistent with the provisions contained in s. 672.719.
31
76
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 Section 33. Subsection (3) of section 394.457, Florida
2 Statutes, is amended to read:
3 394.457 Operation and administration.--
4 (3) POWER TO CONTRACT.--The department may contract to
5 provide, and be provided with, services and facilities in
6 order to carry out its responsibilities under this part with
7 the following agencies: public and private hospitals;
8 receiving and treatment facilities; clinics; laboratories;
9 departments, divisions, and other units of state government;
10 the state colleges and universities; the community colleges;
11 private colleges and universities; counties, municipalities,
12 and any other governmental unit, including facilities of the
13 United States Government; and any other public or private
14 entity which provides or needs facilities or services. Baker
15 Act funds for community inpatient, crisis stabilization,
16 short-term residential treatment, and screening services must
17 be allocated to each county pursuant to the department's
18 funding allocation methodology. Notwithstanding the provisions
19 of s. 287.057(5)(f) s. 287.057(4)(f), contracts for
20 community-based Baker Act services for inpatient, crisis
21 stabilization, short-term residential treatment, and screening
22 provided under this part, other than those with other units of
23 government, to be provided for the department must be awarded
24 using competitive sealed bids when the county commission of
25 the county receiving the services makes a request to the
26 department's district office by January 15 of the contracting
27 year. The district shall not enter into a competitively bid
28 contract under this provision if such action will result in
29 increases of state or local expenditures for Baker Act
30 services within the district. Contracts for these Baker Act
31 services using competitive sealed bids will be effective for 3
77
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 years. Services contracted for by the department may be
2 reimbursed by the state at a rate up to 100 percent. The
3 department shall adopt rules establishing minimum standards
4 for such contracted services and facilities and shall make
5 periodic audits and inspections to assure that the contracted
6 services are provided and meet the standards of the
7 department.
8 Section 34. Paragraph (a) of subsection (1) of section
9 394.47865, Florida Statutes, is amended to read:
10 394.47865 South Florida State Hospital;
11 privatization.--
12 (1) The Department of Children and Family Services
13 shall, through a request for proposals, privatize South
14 Florida State Hospital. The department shall plan to begin
15 implementation of this privatization initiative by July 1,
16 1998.
17 (a) Notwithstanding s. 287.057(14) s. 287.057(13), the
18 department may enter into agreements, not to exceed 20 years,
19 with a private provider, a coalition of providers, or another
20 agency to finance, design, and construct a treatment facility
21 having up to 350 beds and to operate all aspects of daily
22 operations within the facility. The department may subcontract
23 any or all components of this procurement to a statutorily
24 established state governmental entity that has successfully
25 contracted with private companies for designing, financing,
26 acquiring, leasing, constructing, and operating major
27 privatized state facilities.
28 Section 35. Subsections (1) and (5) of section 402.73,
29 Florida Statutes, are amended to read:
30 402.73 Contracting and performance standards.--
31
78
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 (1) The Department of Children and Family Services
2 shall establish performance standards for all contracted
3 client services. Notwithstanding s. 287.057(5)(f) s.
4 287.057(4)(f), the department must competitively procure any
5 contract for client services when any of the following occurs:
6 (a) The provider fails to meet appropriate performance
7 standards established by the department after the provider has
8 been given a reasonable opportunity to achieve the established
9 standards.
10 (b) A new program or service has been authorized and
11 funded by the Legislature and the annual value of the contract
12 for such program or service is $300,000 or more.
13 (c) The department has concluded, after reviewing
14 market prices and available treatment options, that there is
15 evidence that the department can improve the performance
16 outcomes produced by its contract resources. At a minimum, the
17 department shall review market prices and available treatment
18 options biennially. The department shall compile the results
19 of the biennial review and include the results in its annual
20 performance report to the Legislature pursuant to chapter
21 94-249, Laws of Florida. The department shall provide notice
22 and an opportunity for public comment on its review of market
23 prices and available treatment options.
24 (5) When it is in the best interest of a defined
25 segment of its consumer population, the department may
26 competitively procure and contract for systems of treatment or
27 service that involve multiple providers, rather than procuring
28 and contracting for treatment or services separately from each
29 participating provider. The department must ensure that all
30 providers that participate in the treatment or service system
31 meet all applicable statutory, regulatory, service-quality,
79
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 and cost-control requirements. If other governmental entities
2 or units of special purpose government contribute matching
3 funds to the support of a given system of treatment or
4 service, the department shall formally request information
5 from those funding entities in the procurement process and may
6 take the information received into account in the selection
7 process. If a local government contributes match to support
8 the system of treatment or contracted service and if the match
9 constitutes at least 25 percent of the value of the contract,
10 the department shall afford the governmental match contributor
11 an opportunity to name an employee as one of the persons to
12 the selection team required by s. 287.057(17) to evaluate or
13 negotiate certain contracts, unless the department sets forth
14 in writing the reason why such inclusion would be contrary to
15 the best interest of the state s. 287.057(15). Any employee so
16 named by the governmental match contributor shall qualify as
17 one of the persons employees required by s. 287.057(17) s.
18 287.057(15). The selection team shall include the named
19 employee unless the department sets forth in writing the
20 reason such inclusion would be contrary to the best interests
21 of the state. No governmental entity or unit of special
22 purpose government may name an employee as one of the persons
23 required by s. 287.057(17) to the selection team if it, or any
24 of its political subdivisions, executive agencies, or special
25 districts, intends to compete for the contract to be awarded.
26 The governmental funding entity or match contributor shall
27 comply with any deadlines and procurement procedures
28 established by the department. The department may also involve
29 nongovernmental funding entities in the procurement process
30 when appropriate.
31
80
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 Section 36. Subsection (2) of section 408.045, Florida
2 Statutes, is amended to read:
3 408.045 Certificate of need; competitive sealed
4 proposals.--
5 (2) The agency shall make a decision regarding the
6 issuance of the certificate of need in accordance with the
7 provisions of s. 287.057(17) s. 287.057(15), rules adopted by
8 the agency relating to intermediate care facilities for the
9 developmentally disabled, and the criteria in s. 408.035, as
10 further defined by rule.
11 Section 37. Section 413.036, Florida Statutes, is
12 amended to read:
13 413.036 Procurement of services by agencies; authority
14 of commission.--
15 (1) If any agency intends to procure any product or
16 service on the procurement list, that agency shall, in
17 accordance with rules and regulations of the commission,
18 procure such product or service at the price established by
19 the commission from a qualified nonprofit agency for the blind
20 or for the other severely handicapped if the product or
21 service is available within a reasonable delivery time. This
22 act shall not apply in any case in which products or services
23 are available for procurement from any agency of the state and
24 procurement therefrom is required under the provision of any
25 law currently in effect. However, this act shall have
26 precedence over any law requiring state agency procurement of
27 products or services from any other nonprofit corporation
28 unless such precedence is waived by the commission in
29 accordance with its rules.
30 (2) The provisions of part I of chapter 287 do not
31 apply to any purchase of commodities or contractual services
81
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 made by any legislative, executive, or judicial agency of the
2 state from a qualified nonprofit agency for the blind or for
3 the other severely handicapped.
4 (3) If, pursuant to a contract between any
5 legislative, executive, or judicial agency of the state and
6 any private contract vendor, a product or service is required
7 by the Department of Management Services or on behalf of any
8 state agency that is included on the procurement list
9 established by the commission pursuant to s. 413.035(2), the
10 contract must contain the following language:
11 "IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY
12 ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT,
13 THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR
14 THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED
15 PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER
16 AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1)
17 AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT
18 THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE
19 PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED
20 FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED
21 NONPROFIT AGENCY ARE CONCERNED."
22 Section 38. Paragraph (c) of subsection (5) of section
23 445.024, Florida Statutes, is amended to read:
24 445.024 Work requirements.--
25 (5) USE OF CONTRACTS.--Regional workforce boards shall
26 provide work activities, training, and other services, as
27 appropriate, through contracts. In contracting for work
28 activities, training, or services, the following applies:
29 (c) Notwithstanding the exemption from the competitive
30 sealed bid requirements provided in s. 287.057(5)(f) s.
31 287.057(4)(f) for certain contractual services, each contract
82
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1132
302-2251B-02
1 awarded under this chapter must be awarded on the basis of a
2 competitive sealed bid, except for a contract with a
3 governmental entity as determined by the regional workforce
4 board.
5 Section 39. Paragraph (d) of subsection (2) of section
6 455.2177, Florida Statutes, is amended to read:
7 455.2177 Monitoring of compliance with continuing
8 education requirements.--
9 (2) If the compliance monitoring system required under
10 this section is privatized, the following provisions apply:
11 (d) Upon the failure of a vendor to meet its
12 obligations under a contract as provided in paragraph (a), the
13 department may suspend the contract and enter into an
14 emergency contract under s. 287.057(5) s. 287.057(4).
15 Section 40. This act shall take effect July 1, 2002.
16
17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
18 SB 1132
19
20 Revises current law to require procurement matters to be
electronically posted by agencies on a centralized website.
21 Broadens "eligible user" definition to permit DMS to authorize
such users by rule. Provides RESPECT with the same purchasing
22 preferences as PRIDE. Requires a one percent protest bond and
provides for the award of prevailing party attorney's fees and
23 costs. Removes bill's requirements for solicitation
amendments, and for resolicitation of an invitation to
24 negotiate procurement under certain circumstances. Requires
agencies to electronically post potential sole source
25 purchases. Revises law relating to renewal of contracts.
Repeals section of law specifically providing procurement
26 requirements for information technology. Provides that
information technology shall be purchased as a commodity.
27 Deletes requirement that Department of Management Services
annually adjust purchase category amounts. Provides a limited
28 exception to the requirement that agencies post solicitations
for at least 10 days. Provides that a request for quote may be
29 used to obtain more favorable prices, terms, or conditions for
commodities or contractual services available on state term
30 contract.
31
83
CODING: Words stricken are deletions; words underlined are additions.