1 | A bill to be entitled |
2 | An act relating to procurement of personal property and |
3 | services; amending s. 287.012, F.S.; defining "off-the- |
4 | shelf commodity"; amending s. 287.056, F.S.; authorizing |
5 | agencies and eligible users to use a request for quote to |
6 | obtain written pricing from any qualified vendor for the |
7 | purchase of off-the-shelf commodities; authorizing |
8 | agencies and eligible users to purchase off-the-shelf |
9 | commodities otherwise available under purchasing |
10 | agreements and state term contracts under specified |
11 | conditions; amending s. 287.057, F.S.; requiring agencies |
12 | and eligible users to purchase the generic equivalent of |
13 | brand name off-the-shelf commodities unless adequate |
14 | justification can be provided for the purchase of similar |
15 | brand name products; providing an effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. Subsection (5) of section 287.012, Florida |
20 | Statutes, is amended to read: |
21 | 287.012 Definitions.-As used in this part, the term: |
22 | (5)(a) "Commodity" means any of the various supplies, |
23 | materials, goods, merchandise, food, equipment, information |
24 | technology, and other personal property, including a mobile |
25 | home, trailer, or other portable structure with floor space of |
26 | less than 5,000 square feet, purchased, leased, or otherwise |
27 | contracted for by the state and its agencies. |
28 | (b) "Commodity" also includes: |
29 | 1. Interest on deferred-payment commodity contracts |
30 | approved pursuant to s. 287.063 entered into by an agency for |
31 | the purchase of other commodities. However, commodities |
32 | purchased for resale are excluded from this definition. |
33 | 2. When let upon contract pursuant to s. 283.33, printing |
34 | of publications shall be considered a commodity when let upon |
35 | contract pursuant to s. 283.33, whether purchased for resale or |
36 | not. |
37 | 3. "Off-the-shelf commodity," which means any of the |
38 | various supplies, materials, goods, merchandise, food, and other |
39 | personal property which are consumable in nature and have no |
40 | inherent characteristics which are or could be deemed |
41 | proprietary. |
42 | (c) Commodities purchased for resale are excluded from |
43 | this definition. |
44 | Section 2. Subsection (3) of section 287.056, Florida |
45 | Statutes, is amended, and a new subsection (4) is added to that |
46 | section, to read: |
47 | 287.056 Purchases from purchasing agreements and state |
48 | term contracts.- |
49 | (3)(a) Agencies and eligible users may use a request for |
50 | quote to obtain: |
51 | 1. Written pricing or services information from a state |
52 | term contract vendor for commodities or contractual services |
53 | available on state term contract from that vendor. |
54 | 2. Written pricing information from any qualified vendor |
55 | for the purchase of off-the-shelf commodities from that vendor. |
56 | (b) The purpose of a request for quote is to determine |
57 | whether a price, term, or condition more favorable to the agency |
58 | or eligible user than that provided in the state term contract |
59 | is available. |
60 | (c) Use of a request for quote does not constitute a |
61 | decision or intended decision that is subject to protest under |
62 | s. 120.57(3). |
63 | (4) Notwithstanding subsection (1), when it is in the best |
64 | interests of the state, agencies and eligible users may purchase |
65 | off-the-shelf commodities otherwise available under purchasing |
66 | agreements established and state term contracts procured |
67 | pursuant to s. 287.057 by the department or any agency from any |
68 | qualified vendor, providing that the price, term, or condition |
69 | is more favorable than that provided in the respective |
70 | purchasing agreement or state term contract. |
71 | Section 3. Subsection (24) is added to section 287.057, |
72 | Florida Statutes, to read: |
73 | 287.057 Procurement of commodities or contractual |
74 | services.- |
75 | (24) When purchasing off-the-shelf commodities, agencies |
76 | and eligible users must purchase the generic equivalent of |
77 | brand-name, off-the-shelf commodities unless they can provide |
78 | adequate justification for the purchase of similar brand-name |
79 | products. |
80 | Section 4. This act shall take effect July 1, 2011. |