Florida Senate - 2009 SB 542 By Senator Fasano 11-00559A-09 2009542__ 1 A bill to be entitled 2 An act relating to efficiency in procurement and 3 contracting; creating s. 287.0575, F.S.; establishing 4 the Advisory Committee on State Procurement for the 5 purpose of evaluating the state procurement process 6 and carrying out the legislative policy created under 7 the act; providing policy of the Legislature with 8 respect to the procurement of goods, services, and 9 facilities by the state; providing for membership and 10 organization of the committee; providing duties of the 11 committee; providing powers of the committee; 12 requiring state agency cooperation with the committee; 13 requiring reports of the committee; providing for 14 termination of the committee; providing an 15 appropriation; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 287.0575, Florida Statutes, is created 20 to read: 21 287.0575 Advisory Committee on State Procurement; policy; 22 duties; termination of advisory committee.— 23 (1) ADVISORY COMMITTEE ON STATE PROCUREMENT; 24 ESTABLISHMENT.—The Advisory Committee on State Procurement is 25 established for the purpose of evaluating the entire state 26 procurement process of the executive branch of government, 27 including the Department of Financial Services and the 28 Department of Agriculture and Consumer Services. This evaluation 29 shall include the organization, staffing, leadership, planning, 30 and controls involved in the procurement and contracting 31 process, for the purpose of carrying out the policy set forth in 32 subsection (2). 33 (2) LEGISLATIVE POLICY.—It is the policy of the Legislature 34 to promote economy, efficiency, and effectiveness in the 35 procurement of goods, services, and facilities by and for the 36 executive branch of state government through the following 37 means: 38 (a) The establishment of policies, procedures, and 39 practices that require the state to procure goods, services, and 40 facilities of requisite quality, in a timely manner, and at the 41 lowest reasonable cost, using competitive bidding to the maximum 42 extent possible. 43 (b) Improvement of the quality, efficiency, economy, and 44 performance of organizations and personnel involved in the 45 procurement of goods, services, and facilities by the state. 46 (c) Elimination of unnecessary overlapping or duplication 47 of procurement activities and related activities such as 48 contract administration. 49 (d) Elimination of unnecessary or redundant requirements 50 placed on contractors or on officials in charge of the 51 procurement of goods, services, and facilities by the state. 52 (e) Identification of gaps, omissions, or inconsistencies 53 in state laws, rules, and directives relating to the procurement 54 of goods, services, and facilities by the state which should be 55 brought to the attention of the Legislature. 56 (f) Attainment of greater uniformity in and simplification 57 of procurement procedures, whenever appropriate. 58 (g) Coordination of the procurement policies and programs 59 of the various departments and agencies of the state, whenever 60 possible. 61 (h) The conforming of procurement policies and programs to 62 other successful established state policies and programs, 63 whenever appropriate. 64 (i) Minimization of possible disruptive effects of state 65 procurement on particular industries, areas, or occupations. 66 (j) Improvement of training with respect to, and the 67 understanding of, the laws and policies of the state relating to 68 the procurement of goods, services, and facilities by the state, 69 not only within state government but on the part of 70 organizations and individuals doing business with the state. 71 (k) Promotion of fair dealing and equitable relationships 72 among the parties in state contracting. 73 (l) Promotion of economy, efficiency, and effectiveness in 74 state procurement organizations, operations, and uniform 75 reporting by any means the committee deems beneficial and 76 appropriate. 77 (m) Giving special consideration to procurement laws, 78 policies, procedures, practices, organization, staffing, 79 leadership, and controls of the procurement processes of the 80 Federal Government and other states. 81 (n) Promotion of economy, efficiency, and effectiveness in 82 procurement, contract management, and project management 83 operations. 84 Nothing in this subsection shall be construed as limiting the 85 committee's means of facilitating the legislative policy 86 expressed herein, the inquiries of the committee, or the 87 committee's authority to investigate additional areas the 88 committee deems significant, relevant, or important. 89 (3) MEMBERSHIP; ORGANIZATION.— 90 (a) The committee shall be composed of 11 members. Three 91 members shall be appointed by the Governor, three members shall 92 be appointed by the President of the Senate, three members shall 93 be appointed by the Speaker of the House of Representatives, one 94 member shall be appointed by the Chief Financial Officer, and 95 one member shall be appointed by the director of the Office of 96 Program Policy Analysis and Government Accountability. Of the 97 three appointments made by the Governor, two appointees shall be 98 from the executive branch of state government and one appointee 99 shall be from outside state government. Of the three 100 appointments made by the President of the Senate, two appointees 101 shall be Senators who are not of the same political party, and 102 one appointee shall be from outside state government. Of the 103 three appointments made by the Speaker of the House of 104 Representatives, two appointees shall be members of the House of 105 Representatives who are not of the same political party, and one 106 appointee shall be from outside state government. All committee 107 appointments shall be made within 60 days after the date on 108 which this act becomes law. 109 (b) The committee shall select a chair and a vice chair 110 from among its members. 111 (c) Six members of the committee shall constitute a quorum. 112 (d) Any vacancies in the committee shall be filled for the 113 unexpired term in the same manner as the original appointment. 114 (e) Members of the committee who are members of the 115 Legislature or who are officers or employees in the executive 116 branch of state government shall serve without compensation, but 117 are entitled to reimbursement for per diem and travel expenses 118 in accordance with s. 112.061. 119 (4) DUTIES OF ADVISORY COMMITTEE.—The advisory committee 120 shall: 121 (a) Appoint an executive director; and 122 (b) Study and investigate: 123 1. The current laws of the state which govern the 124 procurement of goods, services, and facilities by the state; 125 2. The procurement policies, rules, procedures, and 126 practices followed by the departments, bureaus, agencies, 127 boards, commissions, offices, and instrumentalities of the 128 executive branch of state government; and 129 3. The organizations and management processes involved in a 130 state procurement of goods, services, and facilities prior to 131 the award of a state procurement contract, during the 132 solicitation of bids, evaluation, and negotiation of a contract, 133 and subsequent to the award of the contract to determine the 134 extent to which these organizations and management processes 135 facilitate the policy set forth in subsection (2). 136 (5) POWERS OF ADVISORY COMMITTEE.— 137 (a) The advisory committee, or any subcommittee or 138 individual member thereof, may hold hearings and take testimony. 139 Any member of the committee may administer oaths or affirmations 140 to witnesses. 141 (b) The committee may acquire information directly from the 142 head of any state department or agency for the purpose of its 143 studies and investigations. All departments and agencies shall 144 cooperate with the committee and furnish all information 145 requested by the committee to the extent permitted by law. 146 Requests for information shall be made in the name of the chair 147 or vice chair of the committee. 148 (c) The committee may appoint and fix the compensation of 149 committee personnel. 150 (d) The committee may procure the services of experts and 151 consultants. 152 (e) The committee may enter into contracts with private 153 organizations and nonprofit institutions to carry out studies 154 and prepare reports to facilitate the committee's work. 155 (6) AGENCY COOPERATION.—All departments or agencies of the 156 state are required to provide services to the committee upon 157 request, on a reimbursable basis or otherwise, pursuant to 158 agreements between the contributing agency and the chair or vice 159 chair of the committee. 160 (7) REPORTS.— 161 (a) The advisory committee may make such interim reports as 162 it deems advisable. 163 (b) By December 31, 2009, the advisory committee shall 164 submit to the Governor, the President of the Senate, the Speaker 165 of the House of Representatives, the Chief Financial Officer, 166 and the director of the Office of Program Policy Analysis and 167 Government Accountability the final report of its findings and 168 recommendations for changes in statutes, rules, policies, 169 procedures, and organization necessary to carry out the policy 170 set forth in subsection (2). 171 (8) TERMINATION OF ADVISORY COMMITTEE.—The Advisory 172 Committee on State Procurement shall cease to exist 120 days 173 after the submission of its final report. The committee and its 174 staff shall use the 120-day period between the submission of the 175 final report and the termination of the committee to draft or 176 assist in final preparation of legislative or administrative 177 proposals that will carry out the recommendations of the 178 committee contained in its final report. 179 Section 2. For the 2009-2010 fiscal year, the sum of $5 180 million is appropriated from the General Revenue Fund to the 181 Advisory Committee on State Procurement for the purposes of 182 carrying out the provisions of this act. 183 Section 3. This act shall take effect upon becoming a law.