The Florida Senate

287.073  Procurement of information technology resources.--

(1)  For the purposes of this section, the term "information technology resources" has the same meaning ascribed in s. 282.303(13).

(2)  When an agency can establish precise specifications defining the actual information technology resources that are required and only the price of such resources is the determining factor, the agency shall solicit sealed competitive bids through an invitation to bid, stating in writing the title, date, and hour of the public bid opening and specifically defining the information technology resources for which bids are sought. An invitation to bid shall include instructions prescribing all conditions for bidding and shall be distributed to all prospective bidders simultaneously.

(3)  When an agency determines that there are alternative means by which to meet the agency's requirements for information technology resources, that establishing precise specifications is not practicable, and that other evaluation criteria, in addition to price, will best meet the agency's requirements, the agency may solicit sealed proposals through a request for proposals, stating in writing the title, date, and hour of the public opening. A request for proposals may include, but is not limited to, general information, applicable laws and rules, functional or general specifications, a statement of work, proposal instructions, and evaluation criteria. Evaluation criteria may include, but are not limited to, cost factors, technological assessment, service assessment, reliability assessment, software compatibility, and benchmark performance. To assure full understanding of and responsiveness to the requirements set forth in the request for proposals, the agency may conduct discussions with qualified offerors. The division shall assist in such discussions upon the request of an agency. Qualified offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals prior to the submittal date specified in the request for proposals. A contract shall be awarded to the responsive offeror whose proposal is determined to be the most advantageous to the state, taking into consideration price and other evaluation criteria set forth in the request for proposals.

(4)  If an agency determines that the information technology resources required to meet the agency's needs are available only from a single source of supply, the agency head shall file a single-source certification request with the division, specifying the conditions and circumstances and requesting that the acquisition of information technology resources be exempt from the bid requirements provided under s. 287.057.

¹(5)  During the 1997-1998 fiscal year, expenditures by any department for projects funded from funds in Specific Appropriation 1495 of the 1997-1998 General Appropriations Act shall be exempt from the provisions of this section. This subsection expires July 1, 1998.

History.--ss. 5, 8, ch. 83-99; s. 2, ch. 85-25; s. 18, ch. 88-384; ss. 10, 11, ch. 90-160; s. 21, ch. 90-268; s. 5, ch. 91-429; s. 255, ch. 92-279; s. 55, ch. 92-326; s. 1, ch. 93-278; s. 20, ch. 94-226; s. 24, ch. 94-340; s. 871, ch. 95-148; s. 31, ch. 97-153; ss. 18, 36, ch. 97-286.

¹Note.--Section 31, ch. 97-153, added subsection (9), redesignated as subsection (5) to conform to the repeal of subsections (5)-(8) by s. 18, ch. 97-286, "[i]n order to implement Specific Appropriation 1495 of the 1997-1998 General Appropriations Act."