| 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. |