1 | A bill to be entitled |
2 | An act relating to the Advisory Committee on State |
3 | Procurement; creating s. 287.0575, F.S.; establishing the |
4 | Advisory Committee on State Procurement for the purpose of |
5 | evaluating the state procurement process and carrying out |
6 | the legislative policy created under the act; providing |
7 | policy of the Legislature with respect to the procurement |
8 | of goods, services, and facilities by the state; providing |
9 | for membership and organization of the committee; |
10 | providing duties of the committee; providing powers of the |
11 | committee; requiring state agency cooperation with the |
12 | committee; requiring reports of the committee; providing |
13 | for termination of the committee; providing an |
14 | appropriation; providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Section 287.0575, Florida Statutes, is created |
19 | to read: |
20 | 287.0575 Advisory Committee on State Procurement; policy; |
21 | duties; termination of advisory committee.-- |
22 | (1) ADVISORY COMMITTEE ON STATE PROCUREMENT; |
23 | ESTABLISHMENT.--The Advisory Committee on State Procurement is |
24 | established for the purpose of evaluating the entire state |
25 | procurement process, including the organization, staffing, |
26 | leadership, planning, and controls involved in the procurement |
27 | process, and for the purpose of carrying out the policy set |
28 | forth in subsection (2). |
29 | (2) LEGISLATIVE POLICY.--It is the policy of the |
30 | Legislature to promote economy, efficiency, and effectiveness in |
31 | the procurement of goods, services, and facilities by and for |
32 | the executive branch of state government through the following |
33 | means: |
34 | (a) The establishment of policies, procedures, and |
35 | practices which require the state to procure goods, services, |
36 | and facilities of requisite quality, in a timely manner, and at |
37 | the lowest reasonable cost, using competitive bidding to the |
38 | maximum extent possible. |
39 | (b) Improvement of the quality, efficiency, economy, and |
40 | performance of organizations and personnel involved in the |
41 | procurement of goods, services, and facilities by the state. |
42 | (c) Elimination of unnecessary overlapping or duplication |
43 | of procurement activities and related activities such as |
44 | contract administration and inspections. |
45 | (d) Elimination of unnecessary or redundant requirements |
46 | placed on contractors or on officials in charge of the |
47 | procurement of goods, services, and facilities by the state. |
48 | (e) Identification of gaps, omissions, or inconsistencies |
49 | in state laws, rules, and directives relating to the procurement |
50 | of goods, services, and facilities by the state which should be |
51 | brought to the attention of the Legislature. |
52 | (f) Attainment of greater uniformity in and simplification |
53 | of procurement procedures, whenever appropriate. |
54 | (g) Coordination of the procurement policies and programs |
55 | of the various departments and agencies of the state, whenever |
56 | possible. |
57 | (h) The conforming of procurement policies and programs to |
58 | other successful established state policies and programs, |
59 | whenever appropriate. |
60 | (i) Minimization of possible disruptive effects of state |
61 | procurement on particular industries, areas, or occupations. |
62 | (j) Improvement of the understanding of the laws and |
63 | policies of the state relating to the procurement of goods, |
64 | services, and facilities by the state, not only within state |
65 | government but on the part of organizations and individuals |
66 | doing business with the state. |
67 | (k) Promotion of fair dealing and equitable relationships |
68 | among the parties in state contracting. |
69 | (l) Promotion of economy, efficiency, and effectiveness in |
70 | state procurement organizations and operations by any means the |
71 | committee deems beneficial and appropriate. |
72 | (m) Giving special consideration to procurement laws, |
73 | policies, procedures, practices, organization, staffing, |
74 | leadership and controls of the Federal Government's procurement |
75 | process. |
76 |
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77 | Nothing in this subsection shall be construed as limiting the |
78 | committee's means of facilitating the legislative policy |
79 | expressed herein, the inquiries of the committee, or the |
80 | committee's authority to investigate additional areas the |
81 | committee deems significant, relevant, or important. |
82 | (3) MEMBERSHIP; ORGANIZATION.-- |
83 | (a) The committee shall be composed of 10 members, three |
84 | of whom shall be appointed by the President of the Senate, three |
85 | of whom shall be appointed by the Speaker of the House of |
86 | Representatives, and four of whom shall be appointed by the |
87 | Governor. Of the three appointments made by the President of the |
88 | Senate, two appointees shall be Senators who are not of the same |
89 | political party, and one appointee shall be from outside state |
90 | government. Of the three appointments made by the Speaker of the |
91 | House of Representatives, two appointees shall be members of the |
92 | House of Representatives who are not of the same political |
93 | party, and one appointee shall be from outside state government. |
94 | Of the four appointments made by the Governor, two appointees |
95 | shall be from the executive branch of state government and two |
96 | appointees will be from outside state government. |
97 | (b) The Auditor General or the Auditor General's |
98 | designated representative shall serve as an additional ex |
99 | officio member of the committee. |
100 | (c) The committee shall select a chair and a vice chair |
101 | from among its members. |
102 | (d) Six members of the committee shall constitute a |
103 | quorum. |
104 | (e) Any vacancies in the committee shall be filled for the |
105 | unexpired term in the same manner as the original appointment. |
106 | (f) Members of the committee who are members of the |
107 | Legislature or who are officers or employees in the executive |
108 | branch of state government shall serve without compensation but |
109 | shall be reimbursed for per diem and travel expenses in |
110 | accordance with s. 112.061. |
111 | (4) DUTIES OF ADVISORY COMMITTEE.--The advisory committee |
112 | shall study and investigate: |
113 | (a) The current laws of the state which govern the |
114 | procurement of goods, services, and facilities by the state; |
115 | (b) The procurement policies, rules, procedures, and |
116 | practices followed by the departments, bureaus, agencies, |
117 | boards, commissions, offices, and instrumentalities of the |
118 | executive branch of state government; and |
119 | (c) The organizations and management processes involved in |
120 | a state procurement of goods, services, and facilities prior to |
121 | the award of a state procurement contract, during the |
122 | solicitation of bids, evaluation, and negotiation of a contract, |
123 | and subsequent to the award of the contract to determine the |
124 | extent to which these organizations and management processes |
125 | facilitate the policy set forth in subsection (2). |
126 | (5) POWERS OF THE ADVISORY COMMITTEE.-- |
127 | (a) The advisory committee, or any subcommittee or |
128 | individual member thereof, may hold hearings and take testimony. |
129 | Any member of the committee may administer oaths or affirmations |
130 | to witnesses. |
131 | (b) The committee may acquire information directly from |
132 | the head of any state department or agency for the purpose of |
133 | its studies and investigations. All departments and agencies |
134 | shall cooperate with the committee and furnish all information |
135 | requested by the committee to the extent permitted by law. |
136 | Requests for information are required to be made in the name of |
137 | the chair or vice chair of the committee. |
138 | (c) The committee shall have power to appoint and fix the |
139 | compensation of committee personnel without regard to state laws |
140 | or rules governing state employment. |
141 | (d) The committee may procure the services of experts and |
142 | consultants at rates not to exceed $400 per day. |
143 | (e) The committee may enter into contracts with private |
144 | organizations and nonprofit institutions to carry out studies |
145 | and prepare reports to facilitate the committee's work. |
146 | (6) AGENCY COOPERATION.--All departments or agencies of |
147 | the state are required to provide services to the committee upon |
148 | request, on a reimbursable basis or otherwise, pursuant to |
149 | agreements between the contributing agency and the chair or vice |
150 | chair of the committee. |
151 | (7) REPORTS.-- |
152 | (a) The advisory committee may make such interim reports |
153 | as it deems advisable. |
154 | (b) By July 1, 2009, the advisory committee shall submit |
155 | to the Clerk of the House of Representatives and the Secretary |
156 | of the Senate the final report of its findings and |
157 | recommendations for changes in statutes, rules, policies, |
158 | procedures, and organization necessary to carry out the policy |
159 | set forth in subsection (2). |
160 | (8) TERMINATION OF ADVISORY COMMITTEE.--The Advisory |
161 | Committee on State Procurement shall cease to exist 120 days |
162 | after the submission of its final report. The committee and its |
163 | staff shall utilize the 120-day period between the submission of |
164 | the final report and the termination of the committee to draft |
165 | or assist in final preparation of legislative or administrative |
166 | proposals that will carry out the recommendations of the |
167 | committee contained in its final report. |
168 | Section 2. For the 2007-2008 fiscal year, the sum of $4 |
169 | million is appropriated from the General Revenue Fund to the |
170 | Advisory Committee on State Procurement for the purposes of |
171 | carrying out the provisions of this act. |
172 | Section 3. This act shall take effect July 1, 2007. |