Amendment
Bill No. 1819
Amendment No. 305259
CHAMBER ACTION
Senate House
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1Representative Benson offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (13) of section 287.012, Florida
6Statutes, is amended, to read:
7     287.012  Definitions.--As used in this part, the term:
8     (13)  "Exceptional purchase" means any purchase of
9commodities or contractual services excepted by law or rule from
10the requirements for competitive solicitation, including, but
11not limited to, purchases from a single source; purchases upon
12receipt of less than two responsive bids, proposals, or replies;
13purchases made by an agency, after receiving approval from the
14department, from a contract procured, pursuant to s. 287.057(1),
15(2), or (3), by another agency; and purchases made without
16advertisement in the manner required by s. 287.042(3)(b). The
17term "exceptional purchase" does not include purchases made
18pursuant to s. 287.057(5)(e) and (f).
19     Section 2.   Paragraphs (b) and (h) of subsection (1) and
20paragraph (a) of subsection (16) of section 287.042, Florida
21Statutes, are amended, to read:
22     287.042  Powers, duties, and functions.--The department
23shall have the following powers, duties, and functions:
24     (1)
25     (b)  To The department may remove from its vendor list any
26source of supply which fails to fulfill any of its duties
27specified in a contract with the state. It may reinstate any
28such source of supply when it is satisfied that further
29instances of default will not occur.
30     (h)  The department may collect fees for the use of its
31electronic information services. The fees may be imposed on an
32individual transaction basis or as a fixed subscription for a
33designated period of time. At a minimum, the fees shall be
34determined in an amount sufficient to cover the department's
35projected costs of such services, including overhead in
36accordance with the policies of the Department of Management
37Services for computing its administrative assessment. All fees
38collected pursuant to this paragraph shall be deposited in the
39Grants and Donations Trust Fund for disbursement as provided by
40law.
41     (16)(a)  To evaluate contracts that are competitively
42procured let by the Federal Government, another state, or a
43political subdivision of any state for the provision of
44commodities and contractual contract services, and, when it is
45determined in writing to be cost-effective and in the best
46interest of the state, to enter into a written agreement
47authorizing an agency to make purchases under the a contract
48approved by the department and let by the Federal Government,
49another state, or a political subdivision.
50     Section 3.  Subsection (11) of section 287.045, Florida
51Statutes, is repealed.
52     287.045  Procurement of products and materials with
53recycled content.--
54     (11)  Each agency shall report annually to the department
55its total expenditures on, and use of, products with recycled
56content and the percentage of its budget that represents
57purchases of similar products made from virgin materials. The
58department shall design a uniform reporting mechanism and
59prepare annual summaries of statewide purchases delineating
60those with recycled content to be submitted to the Governor, the
61President of the Senate, and the Speaker of the House of
62Representatives.
63     Section 4.  Section 287.056, Florida Statutes, is amended
64to read:
65     287.056  Purchases from purchasing agreements and state
66term contracts.--
67     (1)  Agencies shall, and eligible users may, purchase
68commodities and contractual services from purchasing agreements
69established and state term contracts procured, under pursuant to
70s. 287.057, by the department. The department may adopt rules
71which exempt agencies from this subsection when commodities and
72contractual services available from such purchasing agreements
73and state term contracts cannot meet agency needs.
74     (2)  Agencies may have the option to purchase commodities
75or contractual services from state term contracts procured,
76pursuant to s. 287.057, by the department which contain a user
77surcharge pursuant to s. 287.1345 as determined by the
78department.
79     (2)(3)  Agencies and eligible users may use a request for
80quote to obtain written pricing or services information from a
81state term contract vendor for commodities or contractual
82services available on state term contract from that vendor. The
83purpose of a request for quote is to determine whether a price,
84term, or condition more favorable to the agency or eligible user
85than that provided in the state term contract is available. Use
86of a request for quote does not constitute a decision or
87intended decision that is subject to protest under s. 120.57(3).
88     Section 5.  Section 287.0565, Florida Statutes, is created
89to read:  
90     287.0565  Procurement of commodities or contractual
91services.--
92     (1)  In order to obtain the best value for the state, the
93department shall adopt rules pursuant to ss. 120.536(1) and
94120.54, which prescribe methods for the procurement of
95commodities and contractual services that do not cost in excess
96of the threshold amount provided in s. 287.017 for CATEGORY TWO.
97     Section 6.  Subsections (2), (3), (5), (6), (17), (18), and
98(23) of section 287.057, Florida Statutes, are amended to read:
99     287.057  Procurement of commodities or contractual
100services.--
101     (2)(a)  If an agency determines in writing that the use of
102an invitation to bid is not practicable, commodities or
103contractual services shall be procured by competitive sealed
104proposals. A request for proposals shall be made available
105simultaneously to all vendors, and must include a statement of
106the commodities or contractual services sought; the time and
107date for the receipt of proposals and of the public opening; and
108all contractual terms and conditions applicable to the
109procurement, including the criteria, which shall include, but
110need not be limited to, price, to be used in determining
111acceptability of the proposal. The relative importance of price
112and other evaluation criteria shall be indicated. If the agency
113contemplates renewal of the commodities or contractual services
114contract, that fact must be stated in the request for proposals.
115The proposal shall include the price for each year for which the
116contract may be renewed. Evaluation of proposals shall include
117consideration of the total cost for each year as submitted by
118the vendor.
119     (b)  The contract shall be awarded to the responsible and
120responsive vendor whose proposal is determined in writing to
121result in the best value be the most advantageous to the state,
122taking into consideration the price and the other criteria set
123forth in the request for proposals. The contract file shall
124contain documentation supporting the basis on which the award is
125made.
126     (3)(a)  If the agency determines in writing that the use of
127an invitation to bid or a request for proposals is will not
128likely to result in the best value to the state, the agency may
129procure commodities and contractual services by competitive
130sealed replies. The agency's written determination must specify
131reasons that explain why negotiation may be necessary in order
132for the state to achieve the best value and must be approved in
133writing by the agency head or his or her designee prior to the
134advertisement of an invitation to negotiate. An invitation to
135negotiate shall be made available to all vendors simultaneously
136and must include a statement of the commodities or contractual
137services sought; the time and date for the receipt of replies
138and of the public opening; and all terms and conditions
139applicable to the procurement, including the criteria to be used
140in determining the acceptability of the reply. If the agency
141contemplates renewal of the contract, that fact must be stated
142in the invitation to negotiate. The reply shall include the
143price for each year for which the contract may be renewed.
144     (b)  The agency shall evaluate and rank responsive replies
145against all evaluation criteria set forth in the invitation to
146negotiate and shall select, based on the ranking, one or more
147vendors with which to commence negotiations. After negotiations
148are conducted, the agency shall award the contract to the
149responsible and responsive vendor that the agency determines
150will provide the best value to the state. The contract file must
151contain a short plain statement that explains the basis for
152vendor selection and that sets forth the vendor's deliverables
153and price, pursuant to the contract, with an explanation of how
154these deliverables and price provide the best value to the
155state.
156     (5)  When the purchase price of commodities or contractual
157services exceeds the threshold amount provided in s. 287.017 for
158CATEGORY TWO, no purchase of commodities or contractual services
159may be made without receiving competitive sealed bids,
160competitive sealed proposals, or competitive sealed replies
161unless:
162     (a)  The agency head determines in writing that an
163immediate danger to the public health, safety, or welfare or
164other substantial loss to the state requires emergency action.
165After the agency head makes such a written determination, the
166agency may proceed with the procurement of commodities or
167contractual services necessitated by the immediate danger,
168without receiving competitive sealed bids, competitive sealed
169proposals, or competitive sealed replies. However, such
170emergency procurement shall be made by obtaining pricing
171information from at least two prospective vendors, which must be
172retained in the contract file, unless the agency determines in
173writing that the time required to obtain pricing information
174will increase the immediate danger to the public health, safety,
175or welfare or other substantial loss to the state. The agency
176shall furnish copies of all written determinations certified
177under oath and any other documents relating to the emergency
178action to the department. A copy of the statement shall be
179furnished to the Chief Financial Officer with the voucher
180authorizing payment. The individual purchase of personal
181clothing, shelter, or supplies which are needed on an emergency
182basis to avoid institutionalization or placement in a more
183restrictive setting is an emergency for the purposes of this
184paragraph, and the filing with the department of such statement
185is not required in such circumstances. In the case of the
186emergency purchase of insurance, the period of coverage of such
187insurance shall not exceed a period of 30 days, and all such
188emergency purchases shall be reported to the department.
189     (b)  The purchase is made by an agency from a state term
190contract procured, pursuant to this section, by the department
191or by an agency, after receiving approval from the department,
192from a contract procured, pursuant to subsection (1), subsection
193(2), or subsection (3), by another agency.
194     (c)  The commodities or contractual services are available
195only from a single source may be excepted from the competitive-
196solicitation requirements. When an agency believes that
197commodities or contractual services are available only from a
198single source, the agency shall electronically post a
199description in a form prescribed by the department of the
200commodities or contractual services sought for a period of at
201least 7 business days. The description must include a request
202that prospective vendors provide information regarding their
203ability to supply the commodities or contractual services
204described. If it is determined in writing by the agency, after
205reviewing any information received from prospective vendors,
206that the commodities or contractual services are available only
207from a single source, the agency shall:
208     1.  Provide notice in a form prescribed by the department
209of its intended decision to enter a single-source purchase
210contract in the manner specified in s. 120.57(3), if the amount
211of the contract does not exceed the threshold amount provided in
212s. 287.017 for CATEGORY FOUR.
213     2.  Request approval from the department for the single-
214source purchase, if the amount of the contract exceeds the
215threshold amount provided in s. 287.017 for CATEGORY FOUR. The
216agency shall initiate its request for approval in a form
217prescribed by the department, which request may be
218electronically transmitted. The failure of the department to
219approve or disapprove the agency's request for approval within
22021 days after receiving such request shall constitute prior
221approval of the department. If the department approves the
222agency's request, the agency shall provide notice of its
223intended decision to enter a single-source contract in the
224manner specified in s. 120.57(3).
225     (d)  When it is in the best interest of the state, the
226secretary of the department or his or her designee may authorize
227the Support Program to purchase insurance by negotiation, but
228such purchase shall be made only under conditions most favorable
229to the public interest.
230     (e)  Prescriptive assistive devices for the purpose of
231medical, developmental, or vocational rehabilitation of clients
232are excepted from competitive-solicitation requirements and
233shall be procured pursuant to an established fee schedule or by
234any other method which ensures the best price for the state,
235taking into consideration the needs of the client. Prescriptive
236assistive devices include, but are not limited to, prosthetics,
237orthotics, and wheelchairs. For purchases made pursuant to this
238paragraph, state agencies shall annually file with the
239department a description of the purchases and methods of
240procurement.
241     (f)  The following contractual services and commodities are
242not subject to the competitive-solicitation requirements of this
243section:
244     1.  Artistic services.
245     2.  Academic program reviews.
246     3.  Lectures by individuals.
247     4.  Auditing services.
248     5.  Legal services, including attorney, paralegal, expert
249witness, appraisal, or mediator services.
250     6.  Health services involving examination, diagnosis,
251treatment, prevention, medical consultation, or administration.
252     7.  Services provided to persons with mental or physical
253disabilities by not-for-profit corporations which have obtained
254exemptions under the provisions of s. 501(c)(3) of the United
255States Internal Revenue Code or when such services are governed
256by the provisions of Office of Management and Budget Circular A-
257122. However, in acquiring such services, the agency shall
258consider the ability of the vendor, past performance,
259willingness to meet time requirements, and price.
260     8.  Medicaid services delivered to an eligible Medicaid
261recipient by a health care provider who has not previously
262applied for and received a Medicaid provider number from the
263Agency for Health Care Administration. However, this exception
264shall be valid for a period not to exceed 90 days after the date
265of delivery to the Medicaid recipient and shall not be renewed
266by the agency.
267     9.  Family placement services.
268     10.  Prevention services related to mental health,
269including drug abuse prevention programs, child abuse prevention
270programs, and shelters for runaways, operated by not-for-profit
271corporations. However, in acquiring such services, the agency
272shall consider the ability of the vendor, past performance,
273willingness to meet time requirements, and price.
274     11.  Training and education services provided to injured
275employees pursuant to s. 440.49(1).
276     12.  Contracts entered into pursuant to s. 337.11.
277     13.  Contractual services or commodities provided directly
278by governmental agencies; political subdivisions of the state;
279state universities and colleges; the Federal Government or any
280department, commission, agency, or other instrumentality
281thereof; and any state or agency thereof. This subparagraph does
282not apply to contractual services or commodities provided by
283these entities pursuant to a contract between the entity and a
284private vendor.
285     (g)  Continuing education events or programs that are
286offered to the general public and for which fees have been
287collected that pay all expenses associated with the event or
288program are exempt from requirements for competitive
289solicitation.
290     (6)  If less than two responsive bids, proposals, or
291replies for commodity or contractual services purchases are
292received, the department or other agency may negotiate on the
293best terms and conditions. The department or other agency shall
294document the reasons that such action is in the best interest of
295the state in lieu of resoliciting competitive sealed bids,
296proposals, or replies. Each agency shall report all such actions
297to the department on a quarterly basis, in a manner and form
298prescribed by the department.
299     (17)  For a contract in excess of the threshold amount
300provided in s. 287.017 for CATEGORY FOUR, the agency head shall
301appoint:
302     (a)  At least three persons to evaluate proposals and
303replies who collectively have experience and knowledge in the
304program areas and service requirements for which commodities or
305contractual services are sought.
306     (b)  At least three persons to conduct negotiations during
307a competitive sealed reply procurement who collectively have
308experience and knowledge in negotiating contracts, contract
309procurement, and the program areas and service requirements for
310which commodities or contractual services are sought. As of
311January 1, 2005, when the contract is in excess of $1 million,
312at least one of the persons conducting negotiations must be a
313certified negotiator as established by the department. The
314department shall, by rule, establish the experience, knowledge,
315and training required to be a certified negotiator. If the
316procuring agency does not have an employee who has the requisite
317certification, the department shall contract with a certified
318negotiator to participate in the procuring agency's
319negotiations.
320     (18)  A person who receives a contract that has not been
321procured pursuant to subsections (1) through (5) to perform a
322feasibility study of the potential implementation of a
323subsequent contract, who participates in the drafting of a
324solicitation or who develops a program for future
325implementation, is not eligible to contract or subcontract,
326directly or indirectly, with the agency for any other contracts
327dealing with that specific subject matter, and any firm in which
328such person has any interest is not eligible to receive such
329contract or subcontract. However, this prohibition does not
330prevent a vendor who responds to a request for information from
331being eligible to contract with an agency.
332     (23)(a)  The department, in consultation with the State
333Technology Office and the Chief Financial Officer Comptroller,
334shall develop a program for on-line procurement of commodities
335and contractual services. To enable the state to promote open
336competition and to leverage its buying power, agencies shall
337participate in the on-line procurement program, and eligible
338users may participate in the program. Only vendors prequalified
339as meeting mandatory requirements and qualifications criteria
340shall be permitted to participate in on-line procurement. The
341department, in consultation with the State Technology Office,
342may contract for equipment and services necessary to develop and
343implement on-line procurement.
344     (b)  The department, in consultation with the State
345Technology Office, shall adopt rules, pursuant to ss. 120.536(1)
346and 120.54, to administer the program for on-line procurement.
347The rules shall include, but not be limited to:
348     1.  Determining the requirements and qualification criteria
349for prequalifying vendors.
350     2.  Establishing the procedures for conducting on-line
351procurement.
352     3.  Establishing the criteria for eligible commodities and
353contractual services.
354     3.4.  Establishing the procedures for providing access to
355on-line procurement.
356     4.5.  Determining the criteria warranting any exceptions to
357participation in the on-line procurement program.
358     (c)  The department may collect fees for the use of the on-
359line procurement system systems. The fees may be imposed on an
360individual transaction basis or as a fixed percentage of the
361cost savings generated. At a minimum, the fees must be set in an
362amount sufficient to cover the projected costs of such services,
363including administrative and project service costs in accordance
364with the policies of the department; however, the fee may not
365exceed 1 percent of each transaction. For the purposes of
366compensating the provider, the department may authorize the
367provider to collect and retain a portion of the fees. The
368providers may withhold the portion retained from the amount of
369fees to be remitted to the department. The department may
370negotiate the retainage as a percentage of such fees charged to
371users, as a flat amount, or as any other method the department
372deems feasible. All fees and surcharges collected under this
373paragraph shall be collected by the department and deposited in
374the Grants and Donation Trust Fund as provided by law.
375     Section 7.  Subsection (6) is added to 287.058, Florida
376Statutes, to read:
377     (6)  The contract documents for procurements subject to the
378provisions of s. 287.05857 shall include the following:
379     (a)  Clear and specific terms and conditions, including a
380detailed scope of work and descriptions of related deliverables,
381activities, or events that are quantifiable, measurable, and
382verifiable.
383     (b)  Service-level agreements describing all performance
384requirements and agency and contractor responsibilities.
385     (c)  Associated costs and savings, payment terms, including
386incentive and penalty provisions, and criteria governing
387payment.
388     (d)  An implementation schedule for transition to and
389operation by the contractor of the contracted function or
390responsibility.
391     (e)  Identification of all performance measures and levels,
392including, but not limited to, detailed measurable acceptance
393criteria for each deliverable and service to be provided and the
394penalties that shall be assessed for contractor nonperformance.
395     (f)  Organizational change management plan.
396     (g)  Requirements that the contractor maintain adequate
397accounting records and authorize access to and audit of all
398records related to the contract for state audit purposes.
399     (h)  Description of required reports.
400     (i)  Requirements for contractor compliance with public
401records law.
402     Section 8.  Section 287.05857, Florida Statutes, is created
403to read:
404     287.05857  Procurement of contractual services.--
405     (1)  A procurement of contractual services which:
406     (a)  Is valued in excess of $10 million;
407     (b)  Creates a contractual relationship between an agency
408and another entity for the provision in whole or in part of a
409public function or responsibility whereby the agency is
410accountable for the provision of the function or responsibility
411and the entity performs the function or responsibility; and
412     (c)  Transfers or shifts work currently performed by state
413employees to another entity, resulting in those state employees
414no longer performing the work; involves work which had
415previously been performed by state employees but has been
416transferred or shifted to another entity; or involves a function
417or responsibility that is not currently being performed by the
418state through a contractor or by state employees,
419
420shall comply with this section unless the agency first executed
421a contract prior to July 1, 1994, to procure contractual
422services substantially similar in nature and purpose to those to
423be procured in the proposed contract.
424     (2)  For the purposes of this section:
425     (a)  "Cost" means the reasonable, relevant, and verifiable
426cost. The appropriate elements shall depend on the nature of the
427function or responsibility to be contracted out and the proposed
428contractual arrangement.
429     (b)  "Savings" means the difference between the recurring
430operating appropriations or actual expenditures, whichever is
431less, in the full fiscal year immediately prior to the signing
432of the contract compared to the cost for the contracted
433functions or responsibilities in any succeeding state fiscal
434year during the term of the contract.
435     (3)  No agency may procure contractual services to contract
436out a function or repsonsibility subject to this section without
437having or seeking authority except as authorized by general law,
438or in an appropriations act, and the agency shall:
439     (a)  Develop a business case which shall include, but not
440be limited to, the following information:
441     1.  A detailed description of the function or
442responsibility to be contracted out, a description and analysis
443of the agency's current performance, a rationale for the
444proposed contracting, and a citation of the existing or proposed
445legal authority for the proposed contracting.
446     2.  A cost-benefit analysis describing the estimated
447specific costs, savings, performance improvements, risks, and
448benefits. Both quantitative and qualitative aspects shall be
449addressed. Quantitative aspects which are not readily measured
450shall be estimated. All elements of cost shall be clearly
451identified in the cost-benefit analysis and described in the
452business case. The agency shall certify that all costs, savings,
453and benefits are valid and achievable
454     3.  A statement of the potential impact on state revenues
455and expenditures.
456     4.  A plan regarding compliance with public records law.
457     5.  An agency transition plan.
458     6.  A plan for contract management, including the process
459for  monitoring contractor performance, and specific contingency
460plans for continuing operation of the function or responsibility
461if the contractor fails to perform.
462     7.  A listing of assets proposed for transfer to or use by
463a contractor and the rationale for such transfer or use.
464     8.  A plan for ensuring compliance with the Americans with
465Disabilities Act.
466
467If the contractual services would impact other state information
468technology systems, the agency shall submit the feasibility
469study documentation as required by the legislative budget
470request instructions established pursuant to s. 216.023.
471     (b)  Furnish the following reports and information to the
472President of the Senate and the Speaker of the House of
473Representatives for procurements of contractual services subject
474to this section:
475     1.  The business case, at least 60 days prior to the first
476day of the regular legislative session, when an agency seeks
477authority by law to procure such contractual services.
478     2.  The business case, at least 30 days prior to the
479issuance of a solicitation to contract for that function or
480responsibility, when an agency has authority provided by law or
481is required by legislative action to procure such contractual
482services and no business case was furnished under paragraph (a).
483     3.  The solicitation documents, a current and updated
484business case, and a detailed listing of the changes to the
485updated business case at the time the solicitation is posted or
486advertised.
487     4.  An executed contract, a current and updated business
488case, and a detailed listing of the changes to the updated
489business case, no later than 15 days after execution of the
490contract.
491     5.  A notice of a proposed renewal of a contract, at least
49215 days prior to the execution of the contract for renewal,
493including a copy of the proposed renewal contract and an updated
494business case.
495     (4)  The intent of this section is to provide legislative
496policy and budgetary oversight over the executive branch.
497Accordingly, an action or omission of any agency pursuant to
498this section shall not constitute grounds for a protest under s.
499120.57(3) and shall not create a civil cause of action.
500     Section 9.  Subsection (4) of section 945.025, Florida
501Statutes, is amended to read:
502     945.025  Jurisdiction of department.--
503     (4)(a)  Nothing contained in chapter 287 shall be construed
504as requiring competitive bids for health services involving
505examination, diagnosis, or treatment.
506     (b)  Notwithstanding the provisions of s. 287.017, a
507contract in which the department, in exchange for revenue,
508authorizes a vendor to use governmental authority or property
509for the purpose of selling goods or services to a person shall
510be considered a procurement of a contractual service in excess
511of the threshold amount for CATEGORY FIVE and shall be awarded
512by competitive solicitation in accordance with the provisions of
513part I of chapter 287.
514     Section 10.  Section 215.3215, Florida Statutes, is created
515to read:
516     215.3215  Charges by agencies or contractors.--Specific
517statutory authority shall be required for an agency, as defined
518in s. 287.012(1), or a contractor with such agency, to levy or
519impose upon a person who is not a party to the contract a fee,
520tax, or other charge which funds the contract or provides
521payment to the contractor, regardless of whether the levy or
522imposition is direct or indirect or is mandatory or optional.
523     Section 11.  Section 287.1345, Florida Statutes, is
524repealed.
525     Section 12.  This act shall take effect October 1, 2004.
526
527
528================= T I T L E  A M E N D M E N T =================
529     Remove the entire title and insert:
530
A bill to be entitled
531An act relating to governmental procurement; amending s.
532287.012, F.S.; revising definitions; amending s. 287.042,
533F.S.; revising the powers and duties of the Department of
534Management Services relating to the purchase of
535commodities and contractual services for the state;
536authorizing the department to approve purchases from
537contracts let by political subdivisions in any state;
538amending s. 287.045, F.S.; deleting a requirement that
539agencies report on expenditures and use of recycled
540materials; amending s. 287.056, F.S.; authorizing the
541department to adopt rules that exempt agencies from
542purchasing agreements and state term contracts; deleting
543authority for agencies to choose not to use state term
544contracts that contain a surcharge, to conform; creating
545s. 287.0565, F.S.; requiring the department to adopt rules
546regarding small purchases; amending s. 287.057, F.S.;
547revising request for proposal and invitation to negotiate
548requirements; requiring single source purchases to be
549posted in a form prescribed by the department; revising
550exceptions to competitive solicitation requirements;
551providing that services or commodities provided by certain
552agencies are not subject to competitive solicitation
553requirements; requiring certified negotiators for
554specified procurements; deleting a requirement that an
555agency report when it receives fewer than two bids,
556proposals, or replies; requiring the department to adopt
557rules for certification of negotiators; providing that
558certain activities will render a person ineligible for
559subcontracts; deleting a requirement that vendors be
560prequalified to use the online procurement system;
561deleting a requirement that the department adopt rules
562establishing online procurement criteria for eligible
563commodities and contractual services; revising fees that
564may be charged for the online procurement system; revising
565collection and deposit methods for online procurement
566fees; amending s. 287.058, F.S.; specifying requirements
567for contract documents for procurements for contractual
568services; creating s. 287.05857, F.S.; requiring the
569department to prescribe methods for the procurement of
570certain commodities and contractual services; providing
571for procurements of certain contractual services;
572prohibiting agencies from procuring contractual services
573except as provided by law; requiring agencies to develop a
574business case for certain purposes; providing
575requirements; providing definitions; requiring reports and
576information to be provided to the Legislature for certain
577procurements of contractual services; specifying that
578agency actions are not grounds for an administrative
579protest; amending s. 945.025, F.S.; requiring specified
580contracts executed by the Department of Corrections to be
581competitively solicited; creating s. 215.3215, F.S.;
582authorizing agencies or contractors to require, levy, or
583impose certain fees, taxes, or charges; repealing s.
584287.1345, F.S., relating to surcharges on users of state
585term contracts; providing an effective date.


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