CS/HB 137

1
A bill to be entitled
2An act relating to efficiency in procurement and
3contracting; creating s. 287.0575, F.S.; establishing the
4Advisory Committee on State Procurement for the purpose of
5evaluating the state procurement process and carrying out
6the legislative policy created under the act; providing
7policy of the Legislature with respect to the procurement
8of goods, services, and facilities by the state; providing
9for membership, organization, and staffing of the
10committee; providing duties of the committee; providing
11powers of the committee; requiring state agency
12cooperation with the committee; requiring reports of the
13committee; providing for termination of the committee;
14providing an appropriation; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 287.0575, Florida Statutes, is created
19to read:
20     287.0575  Advisory Committee on State Procurement; policy;
21duties; termination of advisory committee.--
22     (1)  ADVISORY COMMITTEE ON STATE PROCUREMENT;
23ESTABLISHMENT.--The Advisory Committee on State Procurement is
24established for the purpose of evaluating the entire state
25procurement process of the executive branch of government,
26including the Department of Financial Services and the
27Department of Agriculture and Consumer Services. This evaluation
28shall include the organization, staffing, leadership, planning,
29and controls involved in the procurement and contracting
30process, for the purpose of carrying out the policy set forth in
31subsection (2).
32     (2)  LEGISLATIVE POLICY.--It is the policy of the
33Legislature to promote economy, efficiency, and effectiveness in
34the procurement of goods, services, and facilities by and for
35the executive branch of state government through the following
36means:
37     (a)  The establishment of policies, procedures, and
38practices which require the state to procure goods, services,
39and facilities of requisite quality, in a timely manner, and at
40the lowest reasonable cost, using competitive bidding to the
41maximum extent possible.
42     (b)  Improvement of the quality, efficiency, economy, and
43performance of organizations and personnel involved in the
44procurement of goods, services, and facilities by the state.
45     (c)  Elimination of unnecessary overlapping or duplication
46of procurement activities and related activities such as
47contract administration.
48     (d)  Elimination of unnecessary or redundant requirements
49placed on contractors or on officials in charge of the
50procurement of goods, services, and facilities by the state.
51     (e)  Identification of gaps, omissions, or inconsistencies
52in state laws, rules, and directives relating to the procurement
53of goods, services, and facilities by the state which should be
54brought to the attention of the Legislature.
55     (f)  Attainment of greater uniformity in and simplification
56of procurement procedures, whenever appropriate.
57     (g)  Coordination of the procurement policies and programs
58of the various departments and agencies of the state, whenever
59possible.
60     (h)  The conforming of procurement policies and programs to
61other successful established state policies and programs,
62whenever appropriate.
63     (i)  Minimization of possible disruptive effects of state
64procurement on particular industries, areas, or occupations.
65     (j)  Improvement of training with respect to, and the
66understanding of, the laws and policies of the state relating to
67the procurement of goods, services, and facilities by the state,
68not only within state government but on the part of
69organizations and individuals doing business with the state.
70     (k)  Promotion of fair dealing and equitable relationships
71among the parties in state contracting.
72     (l)  Promotion of economy, efficiency, and effectiveness in
73state procurement organizations, operations, and uniform
74reporting by any means the committee deems beneficial and
75appropriate.
76     (m)  Giving special consideration to procurement laws,
77policies, procedures, practices, organization, staffing,
78leadership, and controls of the procurement processes of the
79Federal Government and other states.
80     (n)  Promotion of economy, efficiency, and effectiveness in
81procurement, contract management, and project management
82operations.
83
84Nothing in this subsection shall be construed as limiting the
85committee's means of facilitating the legislative policy
86expressed herein, the inquiries of the committee, or the
87committee's authority to investigate additional areas the
88committee deems significant, relevant, or important.
89     (3)  MEMBERSHIP; ORGANIZATION.--
90     (a)  The committee shall be composed of 11 members. Three
91members shall be appointed by the President of the Senate, three
92members shall be appointed by the Speaker of the House of
93Representatives, three members shall be appointed by the
94Governor, one member shall be appointed by the Chief Financial
95Officer, and one member shall be appointed by the director of
96the Office of Program Policy Analysis and Government
97Accountability. Of the three appointments made by the President
98of the Senate, two appointees shall be Senators who are not of
99the same political party, and one appointee shall be from
100outside state government. Of the three appointments made by the
101Speaker of the House of Representatives, two appointees shall be
102members of the House of Representatives who are not of the same
103political party, and one appointee shall be from outside state
104government. Of the three appointments made by the Governor, two
105appointees shall be from the executive branch of state
106government and one appointee shall be from outside state
107government. All committee appointments shall be made within 60
108days of the date on which this act becomes law.
109     (b)  The committee shall select a chair and a vice chair
110from among its members.
111     (c)  Six members of the committee shall constitute a
112quorum.
113     (d)  Any vacancies in the committee shall be filled for the
114unexpired term in the same manner as the original appointment.
115     (e)  The Office of Program Policy Analysis and Government
116Accountability shall staff the advisory committee and provide
117administrative support, administer contracts with outside
118consultants, and provide evaluative research support to the
119committee.
120     (4)  DUTIES OF ADVISORY COMMITTEE.--The advisory committee
121shall study and investigate:
122     (a)  The current laws of the state which govern the
123procurement of goods, services, and facilities by the state;
124     (b)  The procurement policies, rules, procedures, and
125practices followed by the departments, bureaus, agencies,
126boards, commissions, offices, and instrumentalities of the
127executive branch of state government; and
128     (c)  The organizations and management processes involved in
129a state procurement of goods, services, and facilities prior to
130the award of a state procurement contract, during the
131solicitation of bids, evaluation, and negotiation of a contract,
132and subsequent to the award of the contract to determine the
133extent to which these organizations and management processes
134facilitate the policy set forth in subsection (2).
135     (5)  POWERS OF ADVISORY COMMITTEE.--
136     (a)  The advisory committee, or any subcommittee or
137individual member thereof, may hold hearings and take testimony.
138Any member of the committee may administer oaths or affirmations
139to witnesses.
140     (b)  The committee may acquire information directly from
141the head of any state department or agency for the purpose of
142its studies and investigations. All departments and agencies
143shall cooperate with the committee and furnish all information
144requested by the committee to the extent permitted by law.
145Requests for information are required to be made in the name of
146the chair or vice chair of the committee.
147     (c)  The committee may procure the services of experts and
148consultants.
149     (d)  The committee may enter into contracts with private
150organizations and nonprofit institutions to carry out studies
151and prepare reports to facilitate the committee's work.
152     (6)  AGENCY COOPERATION.--All departments or agencies of
153the state are required to provide services to the committee upon
154request, on a reimbursable basis or otherwise, pursuant to
155agreements between the contributing agency and the chair or vice
156chair of the committee.
157     (7)  REPORTS.--
158     (a)  The advisory committee may make such interim reports
159as it deems advisable.
160     (b)  By December 31, 2009, the advisory committee shall
161submit to the Speaker of the House of Representatives, the
162President of the Senate, the Governor, and the Chief Financial
163Officer the final report of its findings and recommendations for
164changes in statutes, rules, policies, procedures, and
165organization necessary to carry out the policy set forth in
166subsection (2).
167     (8)  TERMINATION OF ADVISORY COMMITTEE.--The Advisory
168Committee on State Procurement shall cease to exist 120 days
169after the submission of its final report. The committee and its
170staff shall utilize the 120-day period between the submission of
171the final report and the termination of the committee to draft
172or assist in final preparation of legislative or administrative
173proposals that will carry out the recommendations of the
174committee contained in its final report.
175     Section 2.  For the 2009-2010 fiscal year, the sum of $3.5
176million is appropriated from the General Revenue Fund to the
177Advisory Committee on State Procurement for the purposes of
178carrying out the provisions of this act.
179     Section 3.  This act shall take effect upon becoming a law.


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