HB 871

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


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