House Bill hb1977er

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    ENROLLED

    2002 Legislature                     HB 1977, Second Engrossed



  1                                 

  2         An act relating to state procurement; amending

  3         s. 61.1826, F.S.; conforming a cross reference

  4         to changes made by this act; amending s.

  5         120.57, F.S.; specifying the manner in which

  6         notice of decisions and intended decisions

  7         concerning procurement are to be provided;

  8         defining the term "electronically post";

  9         providing procedures applicable to a protest of

10         a contract solicitation or award; specifying

11         the type of notice that starts the time for

12         filing a notice of protest; providing that

13         state holidays are not included in the time for

14         filing a notice of protest; specifying the

15         types of submissions that may be considered in

16         a protest; clarifying and conforming

17         provisions; amending ss. 283.32, 283.33,

18         283.34, and 283.35, F.S.; conforming the

19         sections to changes made by the act; conforming

20         a cross reference; amending s. 287.001, F.S.;

21         clarifying legislative intent with respect to

22         state procurement; amending s. 287.012, F.S.;

23         revising definitions; defining additional

24         terms; amending s. 287.017, F.S.; eliminating

25         the requirement for annual adjustments of

26         purchasing categories; amending 287.022, F.S.;

27         conforming a cross reference to changes made by

28         the act; amending ss. 287.032 and 287.042,

29         F.S.; revising the purpose, duties, and

30         functions of the Department of Management

31         Services; clarifying and conforming provisions;


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  1         providing procedures for the listing of

  2         commodities and services offered by certain

  3         nonprofit agencies organized pursuant to ch.

  4         413, F.S.; providing that eligible users may

  5         purchase from state term contracts; providing

  6         that the protest bond amount shall be a

  7         specified percentage of the estimated contract

  8         amount; providing that official bank checks may

  9         be accepted in lieu of a bond; requiring the

10         department to develop procedures for issuing

11         solicitations, requests for information, and

12         requests for quotes; prescribing the manner in

13         which solicitations are to be noticed;

14         providing an exception for the 10-day notice

15         requirement for solicitations; requiring the

16         department to develop procedures for electronic

17         posting; requiring the department to develop

18         methods for conducting question-and-answer

19         sessions regarding solicitations; providing

20         that the Office of Supplier Diversity may

21         consult with the department regarding

22         solicitation distribution procedures; providing

23         that rules may be distributed to agencies via

24         an electronic medium; requiring written

25         documentation of certain agency decisions;

26         eliminating the department's responsibilities

27         for the management of state surplus property;

28         amending s. 287.045, F.S., relating to the

29         procurement of products and materials with

30         recycled content; clarifying and conforming

31         provisions; amending s. 287.056, F.S.;


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  1         specifying entities that are required or

  2         permitted to purchase from purchasing

  3         agreements and state term contracts; providing

  4         for use of a request for quote to obtain

  5         pricing or services information; amending s.

  6         287.057, F.S.; clarifying and conforming

  7         provisions; revising requirements for

  8         solicitations; providing for

  9         question-and-answer sessions regarding

10         solicitations;  providing requirements for

11         emergency procurements; providing that agency

12         purchases from certain existing contracts are

13         exempt from competitive-solicitation

14         requirements; providing requirements for

15         single-source procurement; conforming cross

16         references to changes made by the act;

17         providing requirements for contract renewal;

18         clarifying that exceptional purchase contracts

19         may not be renewed; providing requirements for

20         persons appointed to evaluate proposals and

21         replies and to negotiate contracts; prohibiting

22         certain persons or entities from receiving

23         contracts; specifying the entities responsible

24         for developing an on-line procurement system;

25         amending s. 287.0572, F.S.; clarifying and

26         conforming provisions; requiring that the cost

27         of all state contracts be evaluated by

28         present-value methodology; amending s. 287.058,

29         F.S.; revising provisions relating to renewal

30         which must be contained in a contract;

31         clarifying that exceptional purchase contracts


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  1         may not be renewed; conforming cross references

  2         to changes made by the act; amending s.

  3         287.059, F.S.; clarifying and conforming

  4         provisions; amending s. 287.0595, F.S.;

  5         revising requirements for the Department of

  6         Environmental Protection with respect to

  7         contracts for pollution response; clarifying

  8         and conforming provisions; repealing s.

  9         287.073, F.S., relating to the procurement of

10         information technology resources; amending s.

11         287.0731, F.S.; revising requirements for a

12         team for contract negotiations; amending ss.

13         287.0822, 287.084, 287.087, 287.093, and

14         287.09451, F.S., relating to procurement of

15         beef and pork, preference for state businesses

16         and businesses with drug-free-workplace

17         programs, minority business enterprises, and

18         the Office of Supplier Diversity; clarifying

19         and conforming provisions to changes made by

20         the act; amending s. 287.095, F.S.; providing

21         requirements for certain products produced by a

22         certain corporation; providing an exception;

23         repealing s. 287.121, F.S., relating to

24         assistance by the Department of Legal Affairs;

25         amending ss. 287.133 and 287.134, F.S.,

26         relating to prohibitions on the transaction of

27         business with certain entities convicted of

28         public-entity crimes and entities that have

29         engaged in discrimination; clarifying and

30         conforming provisions; amending s. 287.1345,

31         F.S., relating to the surcharge on users of


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  1         state term contracts; authorizing the

  2         Department of Management Services to collect

  3         surcharges from eligible users; amending s.

  4         373.610, F.S.; clarifying that the provision

  5         applies to contractors; amending s. 373.611,

  6         F.S.; providing that water management districts

  7         may contract to limit damages recoverable from

  8         certain entities during procurement; amending

  9         ss. 394.457, 394.47865, 402.73, 408.045,

10         445.024 and 455.2177, F.S., relating to the

11         power to contract by the Department of Children

12         and Family Services, the Agency for Health Care

13         Administration, the Regional Work Force Boards,

14         and the Department of Business and Professional

15         Regulation and their power to privatize and

16         procure; conforming cross references;

17         clarifying and conforming provisions; amending

18         s. 413.033, F.S.; revising a definition;

19         amending s. 413.035, F.S.; providing content

20         requirements for certain products; amending s.

21         413.036, F.S.; providing that ch. 287, F.S.,

22         does not apply to purchases made from certain

23         nonprofit agencies; specifying provisions

24         required to be contained in certain state

25         procurement contracts; limiting purchases of

26         products or services by state agencies from

27         sources other than the nonprofit agency for the

28         blind or severely handicapped under certain

29         circumstances; amending s. 413.037, F.S., to

30         conform; repealing s. 413.034, F.S., relating

31         to the Commission for Purchase from the Blind


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  1         or Other Severely Handicapped; providing an

  2         effective date.

  3  

  4  Be It Enacted by the Legislature of the State of Florida:

  5  

  6         Section 1.  Paragraph (e) of subsection (1) of section

  7  61.1826, Florida Statutes, is amended to read:

  8         61.1826  Procurement of services for State Disbursement

  9  Unit and the non-Title IV-D component of the State Case

10  Registry; contracts and cooperative agreements; penalties;

11  withholding payment.--

12         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that

13  the clerks of court play a vital role, as essential

14  participants in the establishment, modification, collection,

15  and enforcement of child support, in securing the health,

16  safety, and welfare of the children of this state. The

17  Legislature further finds and declares that:

18         (e)  The potential loss of substantial federal funds

19  poses a direct and immediate threat to the health, safety, and

20  welfare of the children and citizens of the state and

21  constitutes an emergency for purposes of s. 287.057(5)(a) s.

22  287.057(4)(a).

23         Section 2.  Subsection (3) of section 120.57, Florida

24  Statutes, is amended to read:

25         120.57  Additional procedures for particular cases.--

26         (3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO

27  CONTRACT SOLICITATION BIDDING OR AWARD.--Agencies subject to

28  this chapter shall use utilize the uniform rules of procedure,

29  which provide procedures for the resolution of protests

30  arising from the contract solicitation or award bidding

31  process. Such rules shall at least provide that:


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  1         (a)  The agency shall provide notice of a its decision

  2  or intended decision concerning a bid solicitation, or a

  3  contract award, or exceptional purchase by electronic posting.

  4  This notice shall contain the following statement: "Failure to

  5  file a protest within the time prescribed in section

  6  120.57(3), Florida Statutes, shall constitute a waiver of

  7  proceedings under chapter 120, Florida Statutes." as follows:

  8         1.  For a bid solicitation, notice of a decision or

  9  intended decision shall be given by United States mail or by

10  hand delivery.

11         2.  For any decision of the Department of Management

12  Services concerning a request by an agency for approval of an

13  exceptional purchase under part I of chapter 287 and the rules

14  of the Department of Management Services, notice of a decision

15  or intended decision shall be given by posting such notice in

16  the office of the Department of Management Services.

17         3.  For any other agency decision, notice of a decision

18  or intended decision shall be given either by posting the bid

19  tabulation at the location where the bids were opened or by

20  certified United States mail or other express delivery

21  service, return receipt requested.

22  

23  The notice required by this paragraph shall contain the

24  following statement:  "Failure to file a protest within the

25  time prescribed in s. 120.57(3), Florida Statutes, shall

26  constitute a waiver of proceedings under chapter 120, Florida

27  Statutes."

28         (b)  Any person who is adversely affected by the agency

29  decision or intended decision shall file with the agency a

30  notice of protest in writing within 72 hours after the posting

31  of the notice of decision or intended decision bid tabulation


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  1  or after receipt of the notice of the agency decision or

  2  intended decision and shall file a formal written protest

  3  within 10 days after filing the notice of protest. With

  4  respect to a protest of the terms, conditions, and

  5  specifications contained in a solicitation, including any

  6  provisions governing the methods for ranking bids, proposals,

  7  or replies, awarding contracts, reserving rights of further

  8  negotiation, or modifying or amending any contract an

  9  invitation to bid or in a request for proposals, the notice of

10  protest shall be filed in writing within 72 hours after the

11  posting receipt of notice of the solicitation. project plans

12  and specifications in an invitation to bid or request for

13  proposals, and The formal written protest shall be filed

14  within 10 days after the date the notice of protest is filed.

15  Failure to file a notice of protest or failure to file a

16  formal written protest shall constitute a waiver of

17  proceedings under this chapter. The formal written protest

18  shall state with particularity the facts and law upon which

19  the protest is based. Saturdays, Sundays, and state legal

20  holidays shall be excluded in the computation of the 72-hour

21  time periods provided by this paragraph.

22         (c)  Upon receipt of the formal written protest that

23  which has been timely filed, the agency shall stop the bid

24  solicitation process or the contract award process until the

25  subject of the protest is resolved by final agency action,

26  unless the agency head sets forth in writing particular facts

27  and circumstances which require the continuance of the bid

28  solicitation process or the contract award process without

29  delay in order to avoid an immediate and serious danger to the

30  public health, safety, or welfare.

31  


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  1         (d)1.  The agency shall provide an opportunity to

  2  resolve the protest by mutual agreement between the parties

  3  within 7 days, excluding Saturdays, Sundays, and state legal

  4  holidays, after receipt of a formal written protest.

  5         2.  If the subject of a protest is not resolved by

  6  mutual agreement within 7 days, excluding Saturdays, Sundays,

  7  and state legal holidays, after receipt of the formal written

  8  protest, and if there is no disputed issue of material fact,

  9  an informal proceeding shall be conducted pursuant to

10  subsection (2) and applicable agency rules before a person

11  whose qualifications have been prescribed by rules of the

12  agency.

13         3.  If the subject of a protest is not resolved by

14  mutual agreement within 7 days, excluding Saturdays, Sundays,

15  and state legal holidays, after receipt of the formal written

16  protest, and if there is a disputed issue of material fact,

17  the agency shall refer the protest to the division for

18  proceedings under subsection (1).

19         (e)  Upon receipt of a formal written protest referred

20  pursuant to this subsection, the director of the division

21  shall expedite the hearing and assign an administrative law

22  judge who shall commence a hearing within 30 days after the

23  receipt of the formal written protest by the division and

24  enter a recommended order within 30 days after the hearing or

25  within 30 days after receipt of the hearing transcript by the

26  administrative law judge, whichever is later. Each party shall

27  be allowed 10 days in which to submit written exceptions to

28  the recommended order. A final order shall be entered by the

29  agency within 30 days of the entry of a recommended order. The

30  provisions of this paragraph may be waived upon stipulation by

31  all parties.


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  1         (f)  In a protest to an invitation to bid or request

  2  for proposals procurement competitive-procurement protest, no

  3  submissions made after the bid or proposal opening which amend

  4  or supplement amending or supplementing the bid or proposal

  5  shall be considered. In a protest to an invitation to

  6  negotiate procurement, no submissions made after the agency

  7  announces its intent to award a contract, reject all replies,

  8  or withdraw the solicitation which amend or supplement the

  9  reply shall be considered. Unless otherwise provided by

10  statute, the burden of proof shall rest with the party

11  protesting the proposed agency action. In a

12  competitive-procurement protest, other than a rejection of all

13  bids, proposals, or replies, the administrative law judge

14  shall conduct a de novo proceeding to determine whether the

15  agency's proposed action is contrary to the agency's governing

16  statutes, the agency's rules or policies, or the solicitation

17  bid or proposal specifications. The standard of proof for such

18  proceedings shall be whether the proposed agency action was

19  clearly erroneous, contrary to competition, arbitrary, or

20  capricious. In any bid-protest proceeding contesting an

21  intended agency action to reject all bids, proposals, or

22  replies, the standard of review by an administrative law judge

23  shall be whether the agency's intended action is illegal,

24  arbitrary, dishonest, or fraudulent.

25         (g)  For purposes of this subsection, the definitions

26  in  s. 287.012 apply.

27         Section 3.  Section 283.32, Florida Statutes, is

28  amended to read:

29         283.32  Recycled paper to be used by each agency;

30  printing bids certifying use of recycled paper; percentage

31  preference in awarding contracts.--


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  1         (1)  Each agency shall purchase, when economical,

  2  recycled paper if and when recycled paper can be obtained that

  3  is of adequate quality for the purposes of the agency.

  4         (2)  Each agency shall require that a vendor that

  5  person who submits a bid for a contract for printing and that

  6  who wishes to be considered for the price preference described

  7  in s. 287.045 to shall certify in writing the percentage of

  8  recycled content of the material used for such printing. Such

  9  vendor person may certify that the material contains no

10  recycled content.

11         (3)  Upon evaluation of bids for each printing

12  contract, the agency shall identify the lowest responsive bid

13  bidder and any other responsive bids in which it has been

14  bidders who have certified that the materials used in printing

15  contain at least the minimum percentage of recycled content

16  that is set forth by the department. In awarding a contract

17  for printing, the agency may allow up to a 10-percent price

18  preference, as provided in s. 287.045, to a responsible and

19  responsive vendor that bidder who has certified that the

20  materials used in printing contain at least the minimum

21  percentage of recycled content established by the department.

22  If no vendors bidders offer materials for printing that

23  contain the minimum prescribed recycled content, the contract

24  shall be awarded to the responsible vendor that submits the

25  lowest responsive bid qualified bidder.

26         Section 4.  Section 283.33, Florida Statutes, is

27  amended to read:

28         283.33  Printing of publications; lowest bidder

29  awards.--

30         (1)  Publications may be printed and prepared in-house,

31  by another agency or the Legislature, or purchased on bid,


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  1  whichever is more economical and practicable as determined by

  2  the agency. An agency may contract for binding separately when

  3  more economical or practicable, whether or not the remainder

  4  of the printing is done in-house. A vendor bidder may

  5  subcontract for binding and still be considered a responsible

  6  vendor qualified bidder or offeror, notwithstanding s.

  7  287.012(24) s. 287.012(13).

  8         (2)  All printing of publications that cost in excess

  9  of the threshold amount provided in s. 287.017 for CATEGORY

10  TWO and purchased by agencies shall be let upon contract to

11  the vendor that submits the lowest responsive bid and that

12  will bidder, who shall furnish all materials used in printing.

13  Such contract shall specify a definite term and a definite

14  number of copies.

15         (3)  Except as otherwise provided for in this part, a

16  contract for printing of a publication shall be subject to,

17  when applicable, the definitions in s. 287.012, and shall be

18  considered a commodity for that purpose.

19         (4)  The provisions of s. 946.515(4) shall not apply to

20  purchases of printing.

21         Section 5.  Section 283.34, Florida Statutes, is

22  amended to read:

23         283.34  State officers not to have interests in

24  printing contract.--No member of the Legislature or other

25  officer of this state may have an interest, directly or

26  indirectly, in any printing contract as provided for in s.

27  283.33; however, nothing in this section prohibits a member of

28  the Legislature from receiving such a contract when the member

29  or his or her firm has submitted the lowest responsive bid is

30  the lowest bidder of all bidders submitting competitive bids

31  for the contract.


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  1         Section 6.  Section 283.35, Florida Statutes, is

  2  amended to read:

  3         283.35  Preference given printing within the

  4  state.--Every agency shall give preference to vendors bidders

  5  located within the state when awarding contracts to have

  6  materials printed, whenever such printing can be done at no

  7  greater expense than the expense of awarding a contract to a

  8  vendor bidder located outside the state and can be done at a

  9  level of quality comparable to that obtainable from a vendor

10  bidder located outside the state.

11         Section 7.  Section 287.001, Florida Statutes, is

12  amended to read:

13         287.001  Legislative intent.--The Legislature

14  recognizes that fair and open competition is a basic tenet of

15  public procurement; that such competition reduces the

16  appearance and opportunity for favoritism and inspires public

17  confidence that contracts are awarded equitably and

18  economically; and that documentation of the acts taken and

19  effective monitoring mechanisms are important means of curbing

20  any improprieties and establishing public confidence in the

21  process by which commodities and contractual services are

22  procured.  It is essential to the effective and ethical

23  procurement of commodities and contractual services that there

24  be a system of uniform procedures to be utilized by state

25  agencies in managing and procuring commodities and contractual

26  services; that detailed justification of agency decisions in

27  the procurement of commodities and contractual services be

28  maintained; and that adherence by the agency and the vendor

29  contractor to specific ethical considerations be required.

30         Section 8.  Section 287.012, Florida Statutes, is

31  amended to read:


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  1         287.012  Definitions.--As used The following

  2  definitions shall apply in this part, the term:

  3         (1)  "Agency" means any of the various state officers,

  4  departments, boards, commissions, divisions, bureaus, and

  5  councils and any other unit of organization, however

  6  designated, of the executive branch of state government.

  7  "Agency" does not include the University and College Boards of

  8  Trustees or the state universities and colleges Board of

  9  Regents or the State University System.

10         (2)  "Agency head" means, with respect to an agency

11  headed by a collegial body, the executive director or chief

12  administrative officer of the agency.

13         (3)  "Artist" means an individual or group of

14  individuals who profess and practice a demonstrated creative

15  talent and skill in the area of music, dance, drama, folk art,

16  creative writing, painting, sculpture, photography, graphic

17  arts, craft arts, industrial design, costume design, fashion

18  design, motion pictures, television, radio, or tape and sound

19  recording or in any other related field.

20         (4)  "Best value" means the highest overall value to

21  the state based on objective factors that include, but are not

22  limited to, price, quality, design, and workmanship.

23         (5)(4)  "Commodity" means any of the various supplies,

24  materials, goods, merchandise, food, equipment, information

25  technology, and other personal property, including a mobile

26  home, trailer, or other portable structure with floor space of

27  less than 5,000 3,000 square feet, purchased, leased, or

28  otherwise contracted for by the state and its agencies.

29  "Commodity" also includes interest on deferred-payment

30  commodity contracts approved pursuant to s. 287.063 entered

31  into by an agency for the purchase of other commodities.


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  1  However, commodities purchased for resale are excluded from

  2  this definition. Further, a prescribed drug, medical supply,

  3  or device required by a licensed health care provider as a

  4  part of providing health services involving examination,

  5  diagnosis, treatment, prevention, medical consultation, or

  6  administration for clients at the time the service is provided

  7  is not considered to be a "commodity." Printing of

  8  publications shall be considered a commodity when let upon

  9  contract pursuant to s. 283.33, whether purchased for resale

10  or not.

11         (6)(5)  "Competitive sealed bids," or "competitive

12  sealed proposals," or "competitive sealed replies" mean the

13  process of receiving refers to the receipt of two or more

14  sealed bids, or proposals, or replies submitted by responsive

15  vendors and qualified bidders or offerors and includes bids,

16  or proposals, or replies transmitted by electronic means in

17  lieu of or in addition to written bids, or proposals, or

18  replies.

19         (7)  "Competitive solicitation" or "solicitation" means

20  an invitation to bid, a request for proposals, or an

21  invitation to negotiate.

22         (8)(6)  "Contractor" means a person who contracts to

23  sell commodities or contractual services to an agency.

24         (9)(7)  "Contractual service" means the rendering by a

25  contractor of its time and effort rather than the furnishing

26  of specific commodities. The term applies only to those

27  services rendered by individuals and firms who are independent

28  contractors, and such services may include, but are not

29  limited to, evaluations; consultations; maintenance;

30  accounting; security; management systems; management

31  consulting; educational training programs; research and


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  1  development studies or reports on the findings of consultants

  2  engaged thereunder; and professional, technical, and social

  3  services. "Contractual service" does not include any contract

  4  for the furnishing of labor or materials for the construction,

  5  renovation, repair, modification, or demolition of any

  6  facility, building, portion of building, utility, park,

  7  parking lot, or structure or other improvement to real

  8  property entered into pursuant to chapter 255 and rules

  9  adopted thereunder.

10         (10)(8)  "Department" means the Department of

11  Management Services.

12         (11)  "Electronic posting" or "electronically post"

13  means the posting of solicitations, agency decisions or

14  intended decisions, or other matters relating to procurement

15  on a centralized Internet website designated by the department

16  for this purpose.

17         (12)  "Eligible user" means any person or entity

18  authorized by the department pursuant to rule to purchase from

19  state term contracts or to use the on-line procurement system.

20         (13)(9)  "Exceptional purchase" means any purchase of

21  commodities or contractual services excepted by law or rule

22  from the requirements for competitive solicitation or

23  acquisition, including, but not limited to, purchases from a

24  single source;, purchases upon receipt of less than two

25  responsive bids, or proposals, or replies; purchases made by

26  an agency, after receiving approval from the department, from

27  a contract procured, pursuant to s. 287.057(1), (2), or (3),

28  by another agency; and purchases made without advertisement in

29  the manner required by s. 287.042(3)(b) without publication of

30  notice in the Florida Administrative Weekly, and exceptions

31  


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  1  granted by the department for a purchase of commodities from

  2  other than a state term contract vendor.

  3         (14)(10)  "Extension" means an increase in the time

  4  allowed for the contract period due to circumstances which,

  5  without fault of either party, make performance impracticable

  6  or impossible, or which prevent a new contract from being

  7  executed, with or without a proportional increase in the total

  8  dollar amount, with any increase to be based on the method and

  9  rate previously established in the contract.

10         (15)  "Information technology" has the meaning ascribed

11  in s. 282.0041.

12         (16)(11)  "Invitation to bid" means a written

13  solicitation for competitive sealed bids with the title, date,

14  and hour of the public bid opening designated and specifically

15  defining the commodity, group of commodities, or services for

16  which bids are sought. It includes instructions prescribing

17  all conditions for bidding and shall be distributed to all

18  prospective bidders simultaneously. The invitation to bid is

19  used when the agency is capable of specifically defining the

20  scope of work for which a contractual service is required or

21  when the agency is capable of establishing precise

22  specifications defining the actual commodity or group of

23  commodities required. A written solicitation includes a

24  solicitation that is electronically posted published or

25  transmitted by electronic means.

26         (17)  "Invitation to negotiate" means a written

27  solicitation for competitive sealed replies to select one or

28  more vendors with which to commence negotiations for the

29  procurement of commodities or contractual services. The

30  invitation to negotiate is used when the agency determines

31  that negotiations may be necessary for the state to receive


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  1  the best value. A written solicitation includes a solicitation

  2  that is electronically posted.

  3         (18)(12)  "Minority business enterprise" has the same

  4  meaning ascribed as that provided in s. 288.703.

  5         (19)  "Office" means the Office of Supplier Diversity

  6  of the Department of Management Services.

  7         (13)  "Qualified bidder," "responsible bidder,"

  8  "qualified offeror," or "responsible offeror" means a person

  9  who has the capability in all respects to perform fully the

10  contract requirements and has the integrity and reliability

11  which will assure good faith performance.

12         (20)(14)  "Renewal" means contracting with the same

13  contractor for an additional contract period after the initial

14  contract period, only if pursuant to contract terms

15  specifically providing for such renewal.

16         (21)  "Request for information" means a written request

17  made by an agency to vendors for information concerning

18  commodities or contractual services. Responses to these

19  requests are not offers and may not be accepted by the agency

20  to form a binding contract.

21         (22)(15)  "Request for proposals" means a written

22  solicitation for competitive sealed proposals with the title,

23  date, and hour of the public opening designated. A written

24  solicitation includes a solicitation published or transmitted

25  by electronic means. The request for proposals is used when it

26  is not practicable for the agency to is incapable of

27  specifically define defining the scope of work for which the

28  commodity, group of commodities, or contractual service is

29  required and when the agency is requesting that a responsible

30  vendor qualified offeror propose a commodity, group of

31  commodities, or contractual service to meet the specifications


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  1  of the solicitation document. A written solicitation includes

  2  a solicitation that is electronically posted. A request for

  3  proposals includes, but is not limited to, general

  4  information, applicable laws and rules, functional or general

  5  specifications, statement of work, proposal instructions, and

  6  evaluation criteria. Requests for proposals shall state the

  7  relative importance of price and any other evaluation

  8  criteria.

  9         (23)  "Request for a quote" means an oral or written

10  request for written pricing or services information from a

11  state term contract vendor for commodities or contractual

12  services available on a state term contract from that vendor.

13         (24)  "Responsible vendor" means a vendor who has the

14  capability in all respects to fully perform the contract

15  requirements and the integrity and reliability that will

16  assure good-faith performance.

17         (25)(16)  "Responsive bid," or "responsive proposal" or

18  "responsive reply" means a bid, or proposal, or reply

19  submitted by a responsive, and responsible vendor or

20  qualified, bidder or offeror which conforms in all material

21  respects to the solicitation invitation to bid or request for

22  proposals.

23         (26)(17)  "Responsive vendor bidder" or "responsive

24  offeror" means a vendor that person who has submitted a bid,

25  or proposal, or reply that which conforms in all material

26  respects to the solicitation invitation to bid or request for

27  proposals.

28         (27)  "State term contract" means a term contract that

29  is competitively procured by the department pursuant to s.

30  287.057 and that is used by agencies and eligible users

31  pursuant to s. 287.056.


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  1         (28)(18)  "Term contract" means an indefinite quantity

  2  contract wherein a party agrees to furnish commodities or

  3  contractual services during a defined prescribed period of

  4  time, the expiration of which concludes the contract.

  5         (19)  "Office" means the Office of Supplier Diversity

  6  of the Department of Management Services.

  7         (20)  "Invitation to negotiate" means a written

  8  solicitation that calls for responses to select one or more

  9  persons or business entities with which to commence

10  negotiations for the procurement of commodities or contractual

11  services.

12         (21)  "Request for a quote" means a solicitation that

13  calls for pricing information for purposes of competitively

14  selecting and procuring commodities and contractual services

15  from qualified or registered vendors.

16         (22)  "Information technology" means equipment,

17  hardware, software, firmware, programs, systems, networks,

18  infrastructure, media, and related material used to

19  automatically, electronically, and wirelessly collect,

20  receive, access, transmit, display, store, record, retrieve,

21  analyze, evaluate, process, classify, manipulate, manage,

22  assimilate, control, communicate, exchange, convert, converge,

23  interface, switch, or disseminate information of any kind or

24  form.

25         Section 9.  Subsection (2) of section 287.017, Florida

26  Statutes, is amended to read:

27         287.017  Purchasing categories, threshold amounts;

28  procedures for automatic adjustment by department.--

29         (2)  The department shall adopt rules to annually

30  adjust the amounts provided in subsection (1) based upon the

31  


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  1  rate of change of a nationally recognized price index.  Such

  2  rules shall include, but not be limited to, the following:

  3         (a)  Designation of the nationally recognized price

  4  index or component thereof used to calculate the proper

  5  adjustment authorized in this section.

  6         (b)  The procedure for rounding results.

  7         (c)  The effective date of each annual adjustment based

  8  upon the previous calendar year data.

  9         Section 10.  Subsections (1) and (3) of section

10  287.022, Florida Statutes, are amended to read:

11         287.022  Purchase of insurance.--

12         (1)  Insurance, while not a commodity, nevertheless

13  shall be purchased for all agencies by the department, except

14  that agencies may purchase title insurance for land

15  acquisition and may make emergency purchases of insurance

16  pursuant to s. 287.057(5)(a) s. 287.057(4)(a). The procedures

17  for purchasing insurance, whether the purchase is made by the

18  department or by the agencies, shall be the same as those set

19  forth herein for the purchase of commodities.

20         (3)  The department of Management Services and the

21  Division of State Group Insurance shall not prohibit or limit

22  any properly licensed insurer, health maintenance

23  organization, prepaid limited health services organization, or

24  insurance agent from competing for any insurance product or

25  plan purchased, provided, or endorsed by the department or the

26  division on the basis of the compensation arrangement used by

27  the insurer or organization for its agents.

28         Section 11.  Section 287.032, Florida Statutes, is

29  amended to read:

30         287.032  Purpose of department.--It shall be the

31  purpose of the Department of Management Services:


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  1         (1)  To promote efficiency, economy, and the

  2  conservation of energy and to effect coordination in the

  3  purchase of commodities and contractual services for the

  4  state.

  5         (2)  To provide uniform commodity and contractual

  6  service procurement policies, rules, procedures, and forms for

  7  use by the various agencies and eligible users in procuring

  8  contractual services.

  9         (3)  To procure and distribute state-owned surplus

10  tangible personal property and federal surplus tangible

11  personal property allocated to the state by the Federal

12  Government.

13         Section 12.  Section 287.042, Florida Statutes, is

14  amended to read:

15         287.042  Powers, duties, and functions.--The department

16  shall have the following powers, duties, and functions:

17         (1)(a)  To canvass all sources of supply, establish and

18  maintain a vendor list, and contract for the purchase, lease,

19  or acquisition in any manner, including purchase by

20  installment sales or lease-purchase contracts which may

21  provide for the payment of interest on unpaid portions of the

22  purchase price, of all commodities and contractual services

23  required by any agency under this chapter competitive bidding

24  or by contractual negotiation.  Any contract providing for

25  deferred payments and the payment of interest shall be subject

26  to specific rules adopted by the department.

27         (b)  The department may remove from its vendor list any

28  source of supply which fails to fulfill any of its duties

29  specified in a contract with the state.  It may reinstate any

30  such source of supply when it is satisfied that further

31  instances of default will not occur.


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  1         (c)  In order to promote cost-effective procurement of

  2  commodities and contractual services, the department or an

  3  agency may enter into contracts that limit the liability of a

  4  vendor consistent with s. 672.719.

  5         (d)  The department shall issue commodity numbers for

  6  all products of the corporation operating the correctional

  7  industry program which meet or exceed department

  8  specifications.

  9         (e)  The department shall, beginning October 1, 1991,

10  include the products offered by the corporation on any listing

11  prepared by the department which lists state term contracts

12  executed by the department. The products or services shall be

13  placed on such list in a category based upon specification

14  criteria developed through a joint effort of the department

15  and the corporation and approved by the department.

16         (f)  The corporation may submit products and services

17  to the department for testing, analysis, and review relating

18  to the quality and cost comparability.  If, after review and

19  testing, the department approves of the products and services,

20  the department shall give written notice thereof to the

21  corporation. The corporation shall pay a reasonable fee

22  charged for testing its products by the Department of

23  Agriculture and Consumer Services.

24         (g)  The department shall include products and services

25  that are offered by a qualified nonprofit agency for the blind

26  or for the other severely handicapped organized pursuant to

27  chapter 413 and that have been determined to be suitable for

28  purchase pursuant to s. 413.035 on any department listing of

29  state term contracts. The products and services shall be

30  placed on such list in a category based upon specification

31  


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  1  criteria developed by the department in consultation with the

  2  qualified nonprofit agency.

  3         (h)(g)  The department may collect fees for the use of

  4  its electronic information services. The fees may be imposed

  5  on an individual transaction basis or as a fixed subscription

  6  for a designated period of time. At a minimum, the fees shall

  7  be determined in an amount sufficient to cover the

  8  department's projected costs of such services, including

  9  overhead in accordance with the policies of the Department of

10  Management Services for computing its administrative

11  assessment.  All fees collected pursuant to this paragraph

12  shall be deposited in the Grants and Donations Trust Fund for

13  disbursement as provided by law.

14         (2)(a)  To establish plan and coordinate purchases in

15  volume and to negotiate and execute purchasing agreements and

16  procure state term contracts for commodities and contractual

17  services, pursuant to s. 287.057, under which state agencies

18  shall, and eligible users may, make purchases pursuant to s.

19  287.056, and under which a federal, county, municipality,

20  institutions qualified pursuant to s. 240.605, private

21  nonprofit community transportation coordinator designated

22  pursuant to chapter 427, while conducting business related

23  solely to the Commission for the Transportation Disadvantaged,

24  or other local public agency may make purchases. The

25  department may restrict purchases from some term contracts to

26  state agencies only for those term contracts where the

27  inclusion of other governmental entities will have an adverse

28  effect on competition or to those federal facilities located

29  in this state. In such planning or purchasing the Office of

30  Supplier Diversity may monitor to ensure that opportunities

31  are afforded for contracting with minority business


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  1  enterprises. The department, for state term contracts, and all

  2  agencies, for multiyear contractual services or term

  3  contracts, shall explore reasonable and economical means to

  4  utilize certified minority business enterprises. Purchases by

  5  any county, municipality, private nonprofit community

  6  transportation coordinator designated pursuant to chapter 427,

  7  while conducting business related solely to the Commission for

  8  the Transportation Disadvantaged, or other local public agency

  9  under the provisions in the state purchasing contracts, and

10  purchases, from the corporation operating the correctional

11  work programs, of products or services that are subject to

12  paragraph (1)(f), are exempt from the competitive solicitation

13  sealed bid requirements otherwise applying to their purchases.

14         (b)  As an alternative to any provision in s.

15  120.57(3)(c), the department may proceed with the competitive

16  bid solicitation or contract award process of a term contract

17  bid when the secretary of the department or his or her

18  designee sets forth in writing particular facts and

19  circumstances which demonstrate that the delay incident to

20  staying the solicitation bid process or contract award process

21  would be detrimental to the interests of the state.  After the

22  award of a contract resulting from a competitive solicitation

23  bid in which a timely protest was received and in which the

24  state did not prevail, the contract may be canceled and

25  reawarded to the prevailing party.

26         (c)  Any person who files an action protesting a

27  decision or intended decision pertaining to contracts

28  administered by the department, a water management district,

29  or an a state agency pursuant to s. 120.57(3)(b) shall post

30  with the department, the water management district, or the

31  state agency at the time of filing the formal written protest


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  1  a bond payable to the department, the water management

  2  district, or state agency in an amount equal to 1 percent of

  3  the estimated contract amount. department's, the water

  4  management district's, or the state agency's estimate of the

  5  total volume of the contract or $5,000, whichever is less,

  6  which bond shall be conditioned upon the payment of all costs

  7  which may be adjudged against him or her in the administrative

  8  hearing in which the action is brought and in any subsequent

  9  appellate court proceeding. For protests of decisions or

10  intended decisions of the department pertaining to agencies'

11  requests for approval of exceptional purchases, the bond shall

12  be in an amount equal to 1 percent of the estimated requesting

13  agency's estimate of the contract amount for the exceptional

14  purchase requested or $5,000, whichever is less. The estimated

15  contract amount shall be based upon the contract price

16  submitted by the protestor or, if no contract price was

17  submitted, the department, water management district, or

18  agency shall estimate the contract amount based on factors

19  including, but not limited to, the price of previous or

20  existing contracts for similar commodities or contractual

21  services, the amount appropriated by the Legislature for the

22  contract, or the fair market value of similar commodities or

23  contractual services. The agency shall provide the estimated

24  contract amount to the vendor within 72 hours, excluding

25  Saturdays, Sundays, and state holidays, after the filing of

26  the notice of protest by the vendor. The estimated contract

27  amount is not subject to protest pursuant to s. 120.57(3). The

28  bond shall be conditioned upon the payment of all costs and

29  charges that are adjudged against the protestor in the

30  administrative hearing in which the action is brought and in

31  any subsequent appellate court proceeding. In lieu of a bond,


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  1  the department, the water management district, or state agency

  2  may, in either case, accept a cashier's check, official bank

  3  check, or money order in the amount of the bond. If, after

  4  completion of the administrative hearing process and any

  5  appellate court proceedings, the department, water management

  6  district, or agency prevails, it shall recover all costs and

  7  charges which shall be included in the final order or

  8  judgment, excluding attorney's fees. This section shall not

  9  apply to protests filed by the Office of Supplier Diversity.

10  Upon payment of such costs and charges by the protestor person

11  protesting the award, the bond, cashier's check, official bank

12  check, or money order shall be returned to the protestor him

13  or her. If, after the completion of the administrative hearing

14  process and any appellate court proceedings, the protestor the

15  person protesting the award prevails, the protestor he or she

16  shall recover from the department, water management district,

17  or agency or water management district, all costs and charges

18  which shall be included in the final order or of judgment,

19  excluding attorney's fees.

20         (d)  The terms, conditions, and specifications of a

21  request for proposal, request for quote, invitation to bid, or

22  invitation to negotiate, including any provisions governing

23  the methods for ranking proposals, awarding contracts,

24  reserving rights of further negotiation, or the modification

25  of amendment of any contract, are subject to challenge only by

26  filing a protest within 72 hours after the notice of the

27  terms, conditions, or specifications as provided in s.

28  120.57(3)(b).

29         (3)  To have general supervision, through the state

30  agencies, of all storerooms and stores operated by the

31  agencies and to have supervision of inventories of all


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  1  commodities belonging to the state agencies.  The duties

  2  imposed by this section do not relieve any state agency from

  3  accountability for commodities under its control.

  4         (3)(4)  To establish a system of coordinated, uniform

  5  procurement policies, procedures, and practices to be used by

  6  agencies in acquiring commodities and contractual services,

  7  which shall include, but not be limited to:

  8         (a)  Development of a list of interested vendors to be

  9  maintained by classes of commodities and contractual services.

10  This list shall not be used to prequalify vendors or to

11  exclude any interested vendor from bidding.

12         (b)1.  Development of procedures for advertising

13  solicitations. These the releasing of requests for proposals,

14  requests for quotes, invitations to bid, invitations to

15  negotiate, and other competitive acquisitions which procedures

16  must provide for electronic posting of solicitations for shall

17  include, but are not limited to, notice by publication in the

18  Florida Administrative Weekly, on Government Services Direct,

19  or by mail at least 10 days before the date set for receipt

20  submittal of bids, proposals, or replies bids, unless the

21  department or other agency determines in writing that a

22  shorter period of time is necessary to avoid harming the

23  interests of the state. The Office of Supplier Diversity may

24  consult with the department agencies regarding the development

25  of solicitation bid distribution procedures to ensure that

26  maximum distribution is afforded to certified minority

27  business enterprises as defined in s. 288.703.

28         2.  Development of procedures for electronic posting.

29  The department shall designate a centralized website on the

30  Internet for the department and other agencies to

31  electronically post solicitations, decisions or intended


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  1  decisions, and other matters relating to procurement. From

  2  July 1, 2002, until July 1, 2003, the department shall publish

  3  a notice in each edition of the Florida Administrative Weekly

  4  which indicates the specific URL or Internet address for the

  5  centralized website.

  6         (c)  Development of procedures for the receipt and

  7  opening of bids, responses, quotes, or proposals, or replies

  8  by an agency. Such procedures shall provide the Office of

  9  Supplier Diversity an opportunity to monitor and ensure that

10  the contract award is consistent with the requirements of s.

11  287.09451.

12         (d)  Development of procedures to be used by an agency

13  in deciding to contract, including, but not limited to,

14  identifying and assessing in writing project needs and

15  requirements, availability of agency employees, budgetary

16  constraints or availability, facility equipment availability,

17  current and projected agency workload capabilities, and the

18  ability of any other state agency to perform the services.

19         (e)  Development of procedures to be used by an agency

20  in maintaining a contract file for each contract which shall

21  include, but not be limited to, all pertinent information

22  relating to the contract during the preparatory stages;, a

23  copy of the solicitation; invitation to bid or request for

24  proposals, documentation relating to the solicitation bid

25  process;, opening of bids, proposals, or replies; evaluation

26  and tabulation of bids, proposals, or replies; and

27  determination and notice of award of contract.

28         (f)  Development of procedures to be used by an agency

29  for issuing solicitations that include requirements to

30  describe commodities, services, scope of work, and

31  deliverables in a manner that promotes competition invitations


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  1  to bid, invitations to negotiate, requests for proposal,

  2  requests for quote, or other competitive procurement

  3  processes.

  4         (g)  Development of procedures to be used by an agency

  5  when issuing requests for information and requests for quotes.

  6         (4)(5)(a)  To prescribe the methods of securing

  7  competitive sealed bids, responses, quotes, and proposals, and

  8  replies. Such methods may include, but are not limited to,

  9  procedures for identifying vendors; setting qualifications;

10  conducting conferences or written question and answer periods

11  for purposes of responding to vendor questions; evaluating

12  responses, bids, and proposals, and replies; ranking and

13  respondents and proposers; selecting vendors invitees and

14  proposers; and conducting negotiations.

15         (b)  To prescribe, in consultation with the State

16  Technology Office, procedures for procuring information

17  technology and information technology consultant services

18  which provide for public announcement and qualification,

19  competitive solicitations selection, competitive negotiation,

20  contract award, and prohibition against contingent fees. Such

21  procedures shall be limited to information technology

22  consultant contracts for which the total project costs, or

23  planning or study activities, are estimated to exceed the

24  threshold amount provided for in s. 287.017, for CATEGORY TWO.

25         (5)(6)  To prescribe specific commodities and

26  quantities to be purchased locally.

27         (6)(7)(a)  To govern the purchase by any agency of any

28  commodity or contractual service and to establish standards

29  and specifications for any commodity.

30         (b)  Except for the purchase of insurance, the

31  department may delegate to agencies the authority for the


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  1  procurement of and contracting for, or the purchase, lease, or

  2  acquisition of, commodities or contractual services.

  3         (7)(8)  To establish definitions and classes of

  4  commodities and contractual services.  Agencies shall follow

  5  the definitions and classes of commodities and contractual

  6  services established by the department in acquiring or

  7  purchasing commodities or contractual services.  The authority

  8  of the department under this section shall not be construed to

  9  impair or interfere with the determination by state agencies

10  of their need for, or their use of, services including

11  particular specifications.

12         (8)(9)  To provide furnish copies of any commodity and

13  contractual service purchasing rules to the Comptroller and

14  all agencies through an electronic medium or other means

15  affected thereby. Agencies may The Comptroller shall not

16  approve any account or request direct any payment of any

17  account for the purchase of any commodity or the procurement

18  of any contractual service covered by a purchasing or

19  contractual service rule except as authorized therein.  The

20  department shall furnish copies of rules adopted by the

21  department to any county, municipality, or other local public

22  agency requesting them.

23         (9)(10)  To require that every agency furnish

24  information relative to its commodity and contractual services

25  purchases and methods of purchasing commodities and

26  contractual services to the department when so requested.

27         (10)(11)  To prepare statistical data concerning the

28  method of procurement, terms, usage, and disposition of

29  commodities and contractual services by state agencies. All

30  agencies shall furnish such information for this purpose to

31  the office and to the department, as the department or office


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  1  may call for, but no less frequently than annually, on such

  2  forms or in such manner as the department may prescribe.

  3         (11)(12)  To establish and maintain programs for the

  4  purpose of disseminating information to government, industry,

  5  educational institutions, and the general public concerning

  6  policies, procedures, rules, and forms for the procurement of

  7  commodities and contractual services.

  8         (12)(13)  Except as otherwise provided herein, to adopt

  9  rules necessary to carry out the purposes of this section,

10  including the authority to delegate to any state agency any

11  and all of the responsibility conferred by this section,

12  retaining to the department any and all authority for

13  supervision thereof.  Such purchasing of commodities and

14  procurement of contractual services by state agencies shall be

15  in strict accordance with the rules and procedures prescribed

16  by the department of Management Services.

17         (13)(14)  If the department determines in writing that

18  it is in the best interest of the state, to award to multiple

19  suppliers contracts for commodities and contractual services

20  established by the department for use by all agencies. Such

21  awards may be on a statewide or regional basis. If regional

22  contracts are established by the department, multiple supplier

23  awards may be based upon multiple awards for regions.

24  Agencies may award contracts to a responsible and the lowest

25  qualified responsive vendor bidder on a statewide or regional

26  basis.

27         (14)(15)  To procure and distribute state-owned surplus

28  tangible personal property and federal surplus tangible

29  personal property allocated to the state by the Federal

30  Government.

31  


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  1         (15)(16)(a)  To enter into joint agreements with

  2  governmental agencies, as defined in s. 163.3164(10), for the

  3  purpose of pooling funds for the purchase of commodities or

  4  information technology that can be used by multiple agencies.

  5  However, the department shall consult with the State

  6  Technology Office on joint agreements that involve the

  7  purchase of information technology.  Agencies entering into

  8  joint purchasing agreements with the department or the State

  9  Technology Office shall authorize the department or the State

10  Technology Office to contract for such purchases on their

11  behalf.

12         (b)  Each agency that has been appropriated or has

13  existing funds for such purchases, shall, upon contract award

14  by the department, transfer their portion of the funds into

15  the department's Grants and Donations Trust Fund for payment

16  by the department.  These funds shall be transferred by the

17  Executive Office of the Governor pursuant to the agency budget

18  amendment request provisions in chapter 216.

19         (c)  Agencies that sign such joint agreements are

20  financially obligated for their portion of the agreed-upon

21  funds. If any agency becomes more than 90 days delinquent in

22  paying such funds, the department of Management Services shall

23  certify to the Comptroller the amount due, and the Comptroller

24  shall transfer the amount due to the Grants and Donations

25  Trust Fund of the department from any of the agency's

26  available funds. The Comptroller shall report all such

27  transfers and the reasons for such transfers to the Executive

28  Office of the Governor and the legislative appropriations

29  committees.

30         (16)(17)(a)  To evaluate contracts let by the Federal

31  Government, another state, or a political subdivision for the


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  1  provision of commodities and contract services, and, when it

  2  is determined in writing to be cost-effective and in the best

  3  interest of the state, to enter into a written agreement

  4  authorizing an a state agency to make purchases under a

  5  contract approved by the department and let by the Federal

  6  Government, another state, or a political subdivision.

  7         (b)  For contracts pertaining to the provision of

  8  information technology, the State Technology Office, in

  9  consultation with the department, shall assess the

10  technological needs of a particular agency, evaluate the

11  contracts, and determine whether to enter into a written

12  agreement with the letting federal, state, or political

13  subdivision body to provide information technology for a

14  particular agency.

15         Section 13.  Section 287.045, Florida Statutes, is

16  amended to read:

17         287.045  Procurement of products and materials with

18  recycled content.--

19         (1)(a)  The department of Management Services, in

20  cooperation with the Department of Environmental Protection,

21  shall review and revise existing procurement procedures and

22  specifications for the purchase of products and materials to

23  eliminate any procedures and specifications that explicitly

24  discriminate against products and materials with recycled

25  content except where such procedures and specifications are

26  necessary to protect the public health, safety, and welfare.

27         (b)  Each state agency shall review and revise its

28  procurement procedures and specifications for the purchase of

29  products and materials to eliminate any procedures and

30  specifications that explicitly discriminate against products

31  and materials with recycled content, except if such procedures


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  1  and specifications are necessary to protect the public health,

  2  safety, and welfare.

  3         (2)(a)  The department and each state agency shall

  4  review and revise its procurement procedures and

  5  specifications for the purchase of products and materials to

  6  ensure to the maximum extent feasible that each agency uses

  7  state contracts to purchase products or materials that may be

  8  recycled or reused when these products or materials are

  9  discarded.

10         (b)  The Auditor General shall assist in monitoring the

11  product procurement requirements.

12         (3)  As part of the review and revision required in

13  subsection (2), the department and each agency shall review

14  its procurement provisions and specifications for the purchase

15  of products and materials to determine which products or

16  materials with recycled content could be procured by the

17  department or other agencies and the amount of recycled

18  content that can technologically be contained in such products

19  or materials. The department and other agencies must use the

20  amounts of recycled content and postconsumer recovered

21  material determined by the department in issuing solicitations

22  invitations to bid for contracts for the purchase of such

23  products or materials.

24         (4)  Upon completion of the review required in

25  subsection (3), the department and other agencies or an agency

26  shall require that a person who submits a bid, proposal, or

27  reply for a contract for the purchase of products or materials

28  identified in subsection (3) and who wishes to be considered

29  for the price preference described in subsection (5) certify

30  in writing the percentage of recycled content in the product

31  or material that is subject to the bid, proposal, or reply.  A


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  1  person may certify that the product or material contains no

  2  recycled content.

  3         (5)  Upon evaluation of bids, proposals, or replies for

  4  every public contract that involves the purchase of products

  5  or materials identified in subsection (3), the department or

  6  other an agency shall identify the lowest responsible and

  7  responsive vendor bidder and other responsible and responsive

  8  vendors bidders who have certified that the products or

  9  materials contain at least the minimum percentage of recycled

10  content and postconsumer recovered material that is set forth

11  in the solicitation invitation for the bids.  The department

12  or agency may consider life-cycle costing when evaluating a

13  bid, proposal, or reply on a product that consists of recycled

14  materials.  The department shall adopt rules that specify the

15  criteria to be used when considering life-cycle costing in

16  evaluating bids, proposals, or replies.  The rules must take

17  into consideration the specified warranty periods for products

18  and the comparative expected service life relative to the cost

19  of the products.  In awarding a contract for the purchase of

20  products or materials, the department or other an agency may

21  allow up to a 10-percent price preference to a responsible and

22  responsive vendor bidder who has certified that the products

23  or materials contain at least the minimum percentage of

24  recycled content and postconsumer recovered material and up to

25  an additional 5-percent price preference to a responsible and

26  responsive vendor bidder who has certified that the products

27  or material are made of materials recovered in this state.

28  The amount of the price preference must be commensurate with

29  the certified amounts of recycled material and postconsumer

30  recovered material and materials recycled from products in

31  this state, contained in the product or materials on a sliding


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  1  scale as established by department rule, which rule shall not

  2  become effective prior to November 1, 1994.  Reusable

  3  materials and products shall be used where economically and

  4  technically feasible.  If no vendors bidders offer products or

  5  materials with measurable life-cycle costing factors or the

  6  minimum prescribed recycled and postconsumer content, the

  7  contract must be awarded to the lowest qualified responsible

  8  and responsive vendor bidder.

  9         (6)  For the purposes of this section, the term

10  "recycled content" means materials that have been recycled

11  that are contained in the products or materials to be

12  procured, including, but not limited to, paper, aluminum,

13  steel, glass, plastics, and composted material.  The term does

14  not include the virgin component of internally generated scrap

15  that is commonly used in industrial or manufacturing processes

16  or such waste or scrap purchased from another manufacturer who

17  manufactures the same or a closely related product. Recycled

18  content printing and fine writing grades of paper shall

19  contain at least 10 percent postconsumer recovered materials.

20         (7)  Any person may request the department to evaluate

21  a product or material with recycled content if the product or

22  material is eligible for inclusion under state contracts.  The

23  department shall review each reasonable proposal to determine

24  its merit and, if it finds that the product or material may be

25  used beneficially, it may incorporate that product or material

26  into its procurement procedures.

27         (8)  The department and each state agency shall review

28  and revise its procedures and specifications on a continuing

29  basis to encourage the use of products and materials with

30  recycled content and postconsumer recovered material and

31  shall, in developing new procedures and specifications,


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  1  encourage the use of products and materials with recycled

  2  content and postconsumer recovered material.

  3         (9)  After November 1, 1994, the department may

  4  discontinue contracting for products or materials the recycled

  5  content of which does not meet the requirements of subsection

  6  (3) if it determines that products or materials meeting those

  7  requirements are available at a cost not to exceed an

  8  additional 10 percent of comparable virgin products.

  9         (10)  An A state agency, or a vendor person contracting

10  with such agency with respect to work performed under

11  contract, must procure products or materials with recycled

12  content if the department determines that those products or

13  materials are available pursuant to subsection (5).

14  Notwithstanding any other provision to the contrary, for the

15  purpose of this section, the term "agency" means any of the

16  various state officers, departments, boards, commissions,

17  divisions, bureaus, and councils and any other unit of

18  organization, however designated, of the executive branch

19  including the Department of the Lottery, the legislative

20  branch, the judicial branch, the University and College Boards

21  of Trustees, and the state universities and colleges and the

22  State University System.  A decision not to procure such items

23  must be based on the department's determination that such

24  procurement is not reasonably available within an acceptable

25  period of time or fails to meet the performance standards set

26  forth in the applicable specifications or fails to meet the

27  performance standards of the agency.

28         (11)  Each state agency shall report annually to the

29  department its total expenditures on, and use of, products

30  with recycled content and the percentage of its budget that

31  represents purchases of similar products made from virgin


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  1  materials.  The department shall design a uniform reporting

  2  mechanism and prepare annual summaries of statewide purchases

  3  delineating those with recycled content to be submitted to the

  4  Governor, the President of the Senate, and the Speaker of the

  5  House of Representatives.

  6         Section 14.  Section 287.056, Florida Statutes, is

  7  amended to read:

  8         287.056  Agency Purchases from purchasing agreements

  9  and state term contracts executed by the department.--

10         (1)  Agencies shall, and eligible users may, purchase

11  commodities and contractual services from the purchasing

12  agreements established and state term contracts procured,

13  pursuant to s. 287.057, negotiated and executed by the

14  department, as authorized in s. 287.042(2).

15         (2)  Agencies may have the option to purchase

16  commodities or contractual services from state term any

17  written agreements or contracts procured, pursuant to s.

18  287.057, negotiated and executed by the department which

19  contain a user surcharge pursuant to s. 287.1345 or such other

20  agreements as determined by the department.

21         (3)  Agencies and eligible users may use a request for

22  quote to obtain written pricing or services information from a

23  state term contract vendor for commodities or contractual

24  services available on state term contract from that vendor.

25  The purpose of a request for quote is to determine whether a

26  price, term, or condition more favorable to the agency or

27  eligible user than that provided in the state term contract is

28  available. Use of a request for quote does not constitute a

29  decision or intended decision that is subject to protest under

30  s. 120.57(3).

31  


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  1         Section 15.  Section 287.057, Florida Statutes, is

  2  amended to read:

  3         287.057  Procurement of commodities or contractual

  4  services.--

  5         (1)(a)  Unless otherwise authorized by law, all

  6  contracts for the purchase of commodities or contractual

  7  services in excess of the threshold amount provided in s.

  8  287.017 for CATEGORY TWO shall be awarded by competitive

  9  sealed bidding. An invitation to bid shall be made available

10  simultaneously to all vendors and must issued which shall

11  include a detailed description of the commodities or

12  contractual services sought; the time and date for the receipt

13  submittal of bids and of the public opening; and all

14  contractual terms and conditions applicable to the procurement

15  of commodities or contractual services, including the criteria

16  which shall include, but need not be limited to, price, to be

17  used in determining acceptability of the bid.  If the agency

18  contemplates renewal of the contract, that fact must it shall

19  be so stated in the invitation to bid.  The bid shall include

20  the price for each year for which the contract may be renewed.

21  Evaluation of bids shall include consideration of the total

22  cost for each year as submitted quoted by the vendor bidder.

23  No Criteria that were not set forth in the invitation to bid

24  may not be used in determining acceptability of the bid that

25  was not set forth in the invitation to bid.

26         (b)  The contract shall be awarded with reasonable

27  promptness by written notice to the responsible qualified and

28  responsive vendor that bidder who submits the lowest

29  responsive bid.  This bid must be determined in writing to

30  meet the requirements and criteria set forth in the invitation

31  to bid.


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  1         (2)(a)  If When an agency determines in writing that

  2  the use of an invitation to bid competitive sealed bidding is

  3  not practicable, commodities or contractual services shall be

  4  procured by competitive sealed proposals.  A request for

  5  proposals shall be made available simultaneously to all

  6  vendors, and must include which includes a statement of the

  7  commodities or contractual services sought; the time and date

  8  for the receipt of proposals and of the public opening; and

  9  all contractual terms and conditions applicable to the

10  procurement of commodities or contractual services, including

11  the criteria, which shall include, but need not be limited to,

12  price, to be used in determining acceptability of the proposal

13  shall be issued. The relative importance of price and other

14  evaluation criteria shall be indicated. If the agency

15  contemplates renewal of the commodities or contractual

16  services contract, that fact must it shall be so stated in the

17  request for proposals.  The proposal shall include the price

18  for each year for which the contract may be renewed.

19  Evaluation of proposals shall include consideration of the

20  total cost for each year as submitted quoted by the vendor

21  offeror. To assure full understanding of and responsiveness to

22  the solicitation requirements, discussions may be conducted

23  with qualified offerors.  The offerors shall be accorded fair

24  and equal treatment prior to the submittal date specified in

25  the request for proposals with respect to any opportunity for

26  discussion and revision of proposals.

27         (b)  The contract award shall be awarded made to the

28  responsible and responsive vendor offeror whose proposal is

29  determined in writing to be the most advantageous to the

30  state, taking into consideration the price and the other

31  criteria set forth in the request for proposals.  The contract


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  1  file shall contain documentation supporting the basis on which

  2  the award is made.

  3         (3)(a)  If the agency determines in writing that the

  4  use of an invitation to bid or a request for proposals will

  5  not result in the best value to the state, the agency may

  6  procure commodities and contractual services by competitive

  7  sealed replies. The agency's written determination must

  8  specify reasons that explain why negotiation may be necessary

  9  in order for the state to achieve the best value and must be

10  approved in writing by the agency head or his or her designee

11  prior to the advertisement of an invitation to negotiate. An

12  invitation to negotiate shall be made available to all vendors

13  simultaneously and must include a statement of the commodities

14  or contractual services sought; the time and date for the

15  receipt of replies and of the public opening; and all terms

16  and conditions applicable to the procurement, including the

17  criteria to be used in determining the acceptability of the

18  reply. If the agency contemplates renewal of the contract,

19  that fact must be stated in the invitation to negotiate. The

20  reply shall include the price for each year for which the

21  contract may be renewed.

22         (b)  The agency shall evaluate and rank responsive

23  replies against all evaluation criteria set forth in the

24  invitation to negotiate and shall select, based on the

25  ranking, one or more vendors with which to commence

26  negotiations. After negotiations are conducted, the agency

27  shall award the contract to the responsible and responsive

28  vendor that the agency determines will provide the best value

29  to the state. The contract file must contain a short plain

30  statement that explains the basis for vendor selection and

31  that sets forth the vendor's deliverables and price, pursuant


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  1  to the contract, with an explanation of how these deliverables

  2  and price provide the best value to the state.

  3         (4)  Prior to the time for receipt of bids, proposals,

  4  or replies, an agency may conduct a conference or written

  5  question and answer period for purposes of assuring the

  6  vendor's full understanding of the solicitation requirements.

  7  The vendors shall be accorded fair and equal treatment.

  8         (3)  If an agency determines that the use of an

  9  invitation to bid or a request for a proposal will not result

10  in the best value to the state, based on factors including,

11  but not limited to, price, quality, design, and workmanship,

12  the agency may procure commodities and contractual services by

13  an invitation to negotiate. An agency may procure commodities

14  and contractual services by a request for a quote from vendors

15  under contract with the department.

16         (5)(4)  When the purchase price of commodities or

17  contractual services exceeds the threshold amount provided in

18  s. 287.017 for CATEGORY TWO, no purchase of commodities or

19  contractual services may be made without receiving competitive

20  sealed bids, competitive sealed proposals, or competitive

21  sealed replies responses to an invitation to negotiate or a

22  request for a quote unless:

23         (a)  The agency head determines in writing that an

24  immediate danger to the public health, safety, or welfare or

25  other substantial loss to the state requires emergency action.

26  After the agency head makes such a written determination, the

27  agency may proceed with the procurement of commodities or

28  contractual services necessitated by the immediate danger,

29  without receiving competitive sealed bids, competitive sealed

30  proposals, or competitive sealed replies competition. However,

31  such emergency procurement shall be made by obtaining pricing


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  1  information from at least two prospective vendors, which must

  2  be retained in the contract file, unless the agency determines

  3  in writing that the time required to obtain pricing

  4  information will increase the immediate danger to the public

  5  health, safety, or welfare or other substantial loss to the

  6  state with such competition as is practicable under the

  7  circumstances. The agency shall furnish copies of all the

  8  written determinations determination certified under oath and

  9  any other documents relating to the emergency action to the

10  department.  A copy of the statement shall be furnished to the

11  Comptroller with the voucher authorizing payment.  The

12  individual purchase of personal clothing, shelter, or supplies

13  which are needed on an emergency basis to avoid

14  institutionalization or placement in a more restrictive

15  setting is an emergency for the purposes of this paragraph,

16  and the filing with the department of such statement is not

17  required in such circumstances.  In the case of the emergency

18  purchase of insurance, the period of coverage of such

19  insurance shall not exceed a period of 30 days, and all such

20  emergency purchases shall be reported to the department.

21         (b)  The purchase is made by an agency from a state

22  term contract procured, pursuant to this section, Purchasing

23  agreements and contracts executed by the department or by an

24  agency, after receiving approval from the department, from a

25  contract procured, pursuant to subsection (1), subsection (2),

26  or subsection (3), by another agency agencies under authority

27  delegated by the department in writing are excepted from bid

28  requirements.

29         (c)  Commodities or contractual services available only

30  from a single source may be excepted from the

31  competitive-solicitation bid requirements. When an agency


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  1  believes that commodities or contractual services are

  2  available only from a single source, the agency shall

  3  electronically post a description of the commodities or

  4  contractual services sought for a period of at least 7

  5  business days. The description must include a request that

  6  prospective vendors provide information regarding their

  7  ability to supply the commodities or contractual services

  8  described. If it is determined in writing by the agency, after

  9  reviewing any information received from prospective vendors,

10  that the commodities or contractual services are available

11  only from a single source, the agency shall:

12         1.  Provide notice of its intended decision to enter a

13  single-source purchase contract in the manner specified in s.

14  120.57(3), if the amount of the contract does not exceed the

15  threshold amount provided in s. 287.017 for CATEGORY FOUR.

16         2.  Request approval from the department for the

17  single-source purchase, if the amount of the contract exceeds

18  the threshold amount provided in s. 287.017 for CATEGORY FOUR.

19  The agency shall initiate its request for approval in a form

20  prescribed by the department, which request may be

21  electronically transmitted. if it is determined that such

22  commodities or services are available only from a single

23  source and such determination is documented. However, if such

24  contract is for an amount greater than the threshold amount

25  provided in s. 287.017 for CATEGORY FOUR, the agency head

26  shall file a certification of conditions and circumstances

27  with the department and shall obtain the prior approval of the

28  department. The failure of the department to approve or

29  disapprove the agency's request of an agency for prior

30  approval within 21 days after receiving such request or within

31  14 days after receiving from the agency additional materials


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  1  requested by the department shall constitute prior approval of

  2  the department. If the department approves the agency's

  3  request, the agency shall provide notice of its intended

  4  decision to enter a single-source contract in the manner

  5  specified in s. 120.57(3) To the greatest extent practicable,

  6  but no later than 45 days after authorizing the exception in

  7  writing, the department shall combine single-source

  8  procurement authorizations for identical information

  9  technology resources for which the purchase price exceeds the

10  threshold amount provided in s. 287.017 for CATEGORY FOUR, and

11  shall negotiate and execute volume purchasing agreements for

12  such procurements on behalf of the agencies.

13         (d)  When it is in the best interest of the state, the

14  secretary of the department Management Services or his or her

15  designee may authorize the Support Program to purchase

16  insurance by negotiation, but such purchase shall be made only

17  under conditions most favorable to the public interest.

18         (e)  Prescriptive assistive devices for the purpose of

19  medical, developmental, or vocational rehabilitation of

20  clients are excepted from competitive solicitation sealed bid

21  and competitive sealed proposal requirements and shall be

22  procured pursuant to an established fee schedule or by any

23  other method which ensures the best price for the state,

24  taking into consideration the needs of the client.

25  Prescriptive assistive devices include, but are not limited

26  to, prosthetics, orthotics, and wheelchairs.  For purchases

27  made pursuant to this paragraph, state agencies shall annually

28  file with the department a description of the purchases and

29  methods of procurement.

30  

31  


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  1         (f)  The following contractual services and commodities

  2  are not subject to the competitive solicitation sealed bid

  3  requirements of this section:

  4         1.  Artistic services.

  5         2.  Academic program reviews.

  6         3.  Lectures by individuals.

  7         4.  Auditing services.

  8         5.  Legal services, including attorney, paralegal,

  9  expert witness, appraisal, or mediator services.

10         6.  Health services involving examination, diagnosis,

11  treatment, prevention, medical consultation, or

12  administration.

13         7.  Services provided to persons with mental or

14  physical disabilities by not-for-profit corporations which

15  have obtained exemptions under the provisions of s. 501(c)(3)

16  of the United States Internal Revenue Code or when such

17  services are governed by the provisions of Office of

18  Management and Budget Circular A-122. However, in acquiring

19  such services, the agency shall consider the ability of the

20  vendor contractor, past performance, willingness to meet time

21  requirements, and price.

22         8.  Medicaid services delivered to an eligible Medicaid

23  recipient by a health care provider who has not previously

24  applied for and received a Medicaid provider number from the

25  Agency for Health Care Administration. However, this exception

26  shall be valid for a period not to exceed 90 days after the

27  date of delivery to the Medicaid recipient and shall not be

28  renewed by the agency.

29         9.  Family placement services.

30         10.  Prevention services related to mental health,

31  including drug abuse prevention programs, child abuse


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  1  prevention programs, and shelters for runaways, operated by

  2  not-for-profit corporations.  However, in acquiring such

  3  services, the agency shall consider the ability of the vendor

  4  contractor, past performance, willingness to meet time

  5  requirements, and price.

  6         11.  Training and education services provided to

  7  injured employees pursuant to s. 440.49(1).

  8         12.  Contracts entered into pursuant to s. 337.11.

  9         13.  Services or commodities provided by governmental

10  agencies.

11         (g)  Continuing education events or programs that are

12  offered to the general public and for which fees have been

13  collected that pay all expenses associated with the event or

14  program are exempt from requirements for competitive

15  solicitation sealed bidding.

16         (6)(5)  If less than two responsive bids, or proposals,

17  or replies for commodity or contractual services purchases are

18  received, the department or other the agency may negotiate on

19  the best terms and conditions. The department or other agency

20  shall document the reasons that such action is in the best

21  interest of the state in lieu of resoliciting competitive

22  sealed bids, or proposals, or replies.  Each The agency shall

23  report all such actions to the department on a quarterly

24  basis, in a manner and form prescribed by the department.

25         (7)(6)  Upon issuance of any solicitation invitation to

26  bid or request for proposals, an agency shall, upon request by

27  the department, forward to the department one copy of each

28  solicitation invitation to bid or request for proposals for

29  all commodity and contractual services purchases in excess of

30  the threshold amount provided in s. 287.017 for CATEGORY TWO.

31  An agency shall also, upon request, furnish a copy of all


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  1  competitive solicitation sealed bid or competitive sealed

  2  proposal tabulations. The Office of Supplier Diversity may

  3  also request from the agencies any information submitted to

  4  the department pursuant to this subsection.

  5         (8)(7)(a)  In order to strive to meet the minority

  6  business enterprise procurement goals set forth in s.

  7  287.09451, an agency may reserve any contract for competitive

  8  solicitation sealed bidding only among certified minority

  9  business enterprises. Agencies shall review all their

10  contracts each fiscal year and shall determine which contracts

11  may be reserved for solicitation bidding only among certified

12  minority business enterprises. This reservation may only be

13  used when it is determined, by reasonable and objective means,

14  before the solicitation invitation to bid that there are

15  capable, qualified certified minority business enterprises

16  available to submit a bid, proposal, or reply on a contract to

17  provide for effective competition. The Office of Supplier

18  Diversity shall consult with any agency in reaching such

19  determination when deemed appropriate.

20         (b)  Before a contract may be reserved for solicitation

21  bidding only among by certified minority business enterprises,

22  the agency head must find that such a reservation is in the

23  best interests of the state. All determinations shall be

24  subject to s. 287.09451(5). Once a decision has been made to

25  reserve a contract, but before sealed bids, proposals, or

26  replies are requested, the agency shall estimate what it

27  expects the amount of the contract to be, based on the nature

28  of the services or commodities involved and their value under

29  prevailing market conditions. If all the sealed bids,

30  proposals, or replies received are over this estimate, the

31  agency may reject the bids, proposals, or replies and request


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  1  new ones from certified minority business enterprises, or the

  2  agency may reject the bids, proposals, or replies and reopen

  3  the bidding to all eligible vendors qualified bidders.

  4         (c)  All agencies shall consider the use of price

  5  preferences of up to 10 percent, weighted preference formulas,

  6  or other preferences for vendors contractors as determined

  7  appropriate pursuant to guidelines established in accordance

  8  with s. 287.09451(4) to increase the participation of minority

  9  business enterprises.

10         (d)  All agencies shall avoid any undue concentration

11  of contracts or purchases in categories of commodities or

12  contractual services in order to meet the minority business

13  enterprise purchasing goals in s. 287.09451.

14         (9)(8)  An agency may reserve any contract for

15  competitive solicitation sealed bidding only among vendors

16  qualified bidders who agree to use utilize certified minority

17  business enterprises as subcontractors or subvendors. The

18  percentage of funds, in terms of gross contract amount and

19  revenues, which must be expended with the certified minority

20  business enterprise subcontractors and subvendors shall be

21  determined by the agency before such contracts may be

22  reserved. In order to bid on a contract so reserved, the

23  vendor qualified bidder shall identify those certified

24  minority business enterprises which will be utilized as

25  subcontractors or subvendors by sworn statement. At the time

26  of performance or project completion, the contractor shall

27  report by sworn statement the payments and completion of work

28  for all certified minority business enterprises used in the

29  contract.

30  

31  


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  1         (10)(9)  An agency shall not divide the procurement of

  2  commodities or contractual services so as to avoid the

  3  requirements of subsections (1) through (5), (2), and (3).

  4         (11)(10)  A contract for commodities or contractual

  5  services may be awarded without competition if state or

  6  federal law prescribes with whom the agency must contract or

  7  if the rate of payment is established during the

  8  appropriations process.

  9         (12)(11)  If two equal responses to a solicitation or a

10  request for quote an invitation to bid or request for

11  proposals are received and one response is from a certified

12  minority business enterprise, the agency shall enter into a

13  contract with the certified minority business enterprise.

14         (13)(12)  Extension of a contract for contractual

15  services shall be in writing for a period not to exceed 6

16  months and shall be subject to the same terms and conditions

17  set forth in the initial contract.  There shall be only one

18  extension of a contract unless the failure to meet the

19  criteria set forth in the contract for completion of the

20  contract is due to events beyond the control of the

21  contractor.

22         (14)(13)  Except for those contracts initially procured

23  pursuant to paragraph (3)(a) or paragraph (3)(c), Contracts

24  for commodities or contractual services may be renewed for a

25  period that may not exceed 3 years or on a yearly basis for no

26  more than 2 years or for a period no longer than the term of

27  the original contract, whichever period is longer.  Renewal of

28  a contract for commodities or contractual services shall be in

29  writing and shall be subject to the same terms and conditions

30  set forth in the initial contract.  If the commodity or

31  contractual service is purchased as a result of the


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  1  solicitation of bids, or proposals, or replies, the price of

  2  the commodity or contractual service to be renewed cost of any

  3  contemplated renewals shall be specified included in the bid,

  4  proposal, or reply invitation to bid or request for proposals.

  5  A renewal contract may not include any compensation for costs

  6  associated with the renewal. Renewals shall be contingent upon

  7  satisfactory performance evaluations by the agency and subject

  8  to the availability of funds. Exceptional purchase contracts

  9  pursuant to s. 287.057(5)(a) and (c) may not be renewed.

10         (15)(14)  For each contractual services contract, the

11  agency shall designate an employee to function as contract

12  manager who shall be responsible for enforcing performance of

13  the contract terms and conditions and serve as a liaison with

14  the contractor. The agency shall establish procedures to

15  ensure that contractual services have been rendered in

16  accordance with the contract terms prior to processing the

17  invoice for payment.

18         (16)(15)  Each agency shall designate at least one

19  employee who shall serve as a contract administrator

20  responsible for maintaining a contract file and financial

21  information on all contractual services contracts and who

22  shall serve as a liaison with the contract managers and the

23  department.

24         (17)  For a contract in excess of the threshold amount

25  provided in s. 287.017 for CATEGORY FOUR, the agency head

26  shall appoint:

27         (a)  At least three persons to evaluate proposals and

28  replies who collectively have experience and knowledge in the

29  program areas and service requirements for which commodities

30  or contractual services are sought.

31  


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  1         (b)  At least three persons to conduct negotiations

  2  during a competitive sealed reply procurement who collectively

  3  have experience and knowledge in negotiating contracts,

  4  contract procurement, and the program areas and service

  5  requirements for which commodities or contractual services are

  6  sought.

  7         (16)  For requests for proposals, a selection team of

  8  at least three employees who have experience and knowledge in

  9  the program areas and service requirements for which

10  contractual services are sought shall be appointed by the

11  agency head to aid in the selection of contractors for

12  contracts of more than the threshold amount provided in s.

13  287.017 for CATEGORY FOUR.

14         (18)(17)  A No person who receives a contract that

15  which has not been procured pursuant to subsection (1) through

16  (5), subsection (2), or subsection (3) to perform a

17  feasibility study of the potential implementation of a

18  subsequent contract, who participates participating in the

19  drafting of a solicitation an invitation to bid or request for

20  proposals, or who develops developing a program for future

21  implementation,is not shall be eligible to contract with the

22  agency for any other contracts dealing with that specific

23  subject matter, and; nor shall any firm in which such person

24  has any interest is not be eligible to receive such contract.

25  However, this prohibition does not prevent a vendor who

26  responds to a request for information from being eligible to

27  contract with an agency.

28         (19)(18)  Each agency shall establish a review and

29  approval process for all contractual services contracts

30  costing more than the threshold amount provided for in s.

31  287.017 for CATEGORY THREE which shall include, but not be


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  1  limited to, program, financial, and legal review and approval.

  2  Such reviews and approvals shall be obtained before the

  3  contract is executed.

  4         (19)  The department may establish state contractual

  5  service term contracts. Such contracts may be utilized by any

  6  agency, county, municipality, or local public agency.

  7         (20)  In any procurement that costs more than the

  8  threshold amount provided for in s. 287.017 for CATEGORY TWO

  9  and is accomplished without competition, the individuals

10  taking part in the development or selection of criteria for

11  evaluation, the evaluation process, and the award process

12  shall attest in writing that they are independent of, and have

13  no conflict of interest in, the entities evaluated and

14  selected.

15         (21)  Nothing in this section shall affect the validity

16  or effect of any contract in existence on October 1, 1990.

17         (22)  An agency may contract for services with any

18  independent, nonprofit college or university which is located

19  within the state and is accredited by the Southern Association

20  of Colleges and Schools, on the same basis as it may contract

21  with any state university and college institution in the State

22  University System.

23         (23)(a)  The department, in consultation with the State

24  Technology Office and the Comptroller, shall develop a program

25  for on-line procurement of commodities and contractual

26  services. To enable the state to promote open competition and

27  to leverage its buying power, executive state agencies shall

28  participate in the on-line procurement program, and eligible

29  users other agencies may participate in the program. Only

30  vendors bidders prequalified as meeting mandatory requirements

31  and qualifications criteria shall be permitted to participate


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  1  in on-line procurement. The department, in consultation with

  2  the State Technology Office, may contract for equipment and

  3  services necessary to develop and implement on-line

  4  procurement.

  5         (b)  The State Technology Office, in consultation with

  6  the department, in consultation with the State Technology

  7  Office, shall adopt rules, pursuant to ss. 120.536(1) and

  8  120.54, to administer implement the program for on-line

  9  procurement. The rules shall include, but not be limited to:

10         1.  Determining the requirements and qualification

11  criteria for prequalifying vendors bidders.

12         2.  Establishing the procedures for conducting on-line

13  procurement.

14         3.  Establishing the criteria for eligible commodities

15  and contractual services.

16         4.  Establishing the procedures for providing access to

17  on-line procurement.

18         5.  Determining the criteria warranting any exceptions

19  to participation in the on-line procurement program.

20         (c)  The department of Management Services and the

21  State Technology Office may collect fees for the use of the

22  on-line procurement systems. The fees may be imposed on an

23  individual transaction basis or as a fixed percentage of the

24  cost savings generated. At a minimum, the fees must be set in

25  an amount sufficient to cover the projected costs of such

26  services, including administrative and project service costs

27  in accordance with the policies of the department of

28  Management Services and the State Technology Office. For the

29  purposes of compensating the provider, the department may

30  authorize the provider to collect and retain a portion of the

31  fees. The providers may withhold the portion retained from the


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  1  amount of fees to be remitted to the department. The

  2  department may negotiate the retainage as a percentage of such

  3  fees charged to users, as a flat amount, or as any other

  4  method the department deems feasible. All fees and surcharges

  5  collected under this paragraph shall be deposited in the

  6  Grants and Donation Trust Fund as provided by law.

  7         (24)(a)  The State Technology Office shall establish,

  8  in consultation with the department, state strategic

  9  information technology alliances for the acquisition and use

10  of information technology and related material with

11  prequalified contractors or partners to provide the state with

12  efficient, cost-effective, and advanced information

13  technology.

14         (b)  In consultation with and under contract to the

15  State Technology Office, the state strategic information

16  technology alliances shall design, develop, and deploy

17  projects providing the information technology needed to

18  collect, store, and process the state's data and information,

19  provide connectivity, and integrate and standardize computer

20  networks and information systems of the state.

21         (c)  The partners in the state strategic information

22  technology alliances shall be industry leaders with

23  demonstrated experience in the public and private sectors.

24         (d)  The State Technology Office, in consultation with

25  the department of Management Services, shall adopt rules,

26  pursuant to ss. 120.536(1) and 120.54, to administer implement

27  the state strategic information technology alliances.

28         Section 16.  Section 287.0572, Florida Statutes, is

29  amended to read:

30         287.0572  Present-value methodology.--

31  


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  1         (1)  The cost of bids, or proposals, or replies for

  2  state contracts that which require the payment of money for

  3  more than 1 year and include provisions for unequal payment

  4  streams or unequal time payment periods shall be evaluated

  5  using present-value methodology.  Each agency, as defined in

  6  s. 287.012(1), shall perform the evaluation using the

  7  present-value discount rate supplied by the department of

  8  Management Services. The present-value discount rate shall be

  9  the rate for United States Treasury notes and bonds published

10  in the Interest Rates: Money and Capital Markets section of

11  the most recent copy of the Federal Reserve Bulletin published

12  at the time of issuance of the request for proposals, the

13  invitation to negotiate, or the invitation invitations to bid.

14         (2)  The department of Management Services may adopt

15  rules to administer implement the provisions of subsection

16  (1).

17         Section 17.  Subsections (1), (4), and (5) of section

18  287.058, Florida Statutes, are amended to read:

19         287.058  Contract document.--

20         (1)  Every procurement of contractual services in

21  excess of the threshold amount provided in s. 287.017 for

22  CATEGORY TWO, except for the providing of health and mental

23  health services or drugs in the examination, diagnosis, or

24  treatment of sick or injured state employees or the providing

25  of other benefits as required by the provisions of chapter

26  440, shall be evidenced by a written agreement embodying all

27  provisions and conditions of the procurement of such services,

28  which provisions and conditions shall, where applicable,

29  include, but shall not be limited to:

30  

31  


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  1         (a)  A provision that bills for fees or other

  2  compensation for services or expenses be submitted in detail

  3  sufficient for a proper preaudit and postaudit thereof.

  4         (b)  A provision that bills for any travel expenses be

  5  submitted in accordance with s. 112.061.  A state agency may

  6  establish rates lower than the maximum provided in s. 112.061.

  7         (c)  A provision allowing unilateral cancellation by

  8  the agency for refusal by the contractor to allow public

  9  access to all documents, papers, letters, or other material

10  made or received by the contractor in conjunction with the

11  contract, unless the records are exempt from s. 24(a) of Art.

12  I of the State Constitution and s. 119.07(1).

13         (d)  A provision dividing the contract into units of

14  deliverables, which shall include, but not be limited to,

15  reports, findings, and drafts, that must be received and

16  accepted in writing by the contract manager prior to payment.

17         (e)  A provision specifying the criteria and the final

18  date by which such criteria must be met for completion of the

19  contract.

20         (f)  A provision specifying that the contract may be

21  renewed for a period that may not exceed 3 years or on a

22  yearly basis for a period of up to 2 years after the initial

23  contract or for a period no longer than the term of the

24  original contract, whichever period is longer, specifying the

25  renewal price for the contractual service as set forth in the

26  bid, proposal, or reply, specifying that costs for the renewal

27  may not be charged, terms under which the cost may change as

28  determined in the invitation to bid or request for proposals,

29  and specifying that renewals shall be contingent upon

30  satisfactory performance evaluations by the agency and subject

31  


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  1  to the availability of funds. Exceptional purchase contracts

  2  pursuant to s. 287.057(5)(a) and (c) may not be renewed.

  3  

  4  In lieu of a written agreement, the department may authorize

  5  the use of a purchase order for classes of contractual

  6  services, if provided the provisions of paragraphs (a)-(f) are

  7  included in the purchase order or solicitation, invitation to

  8  bid, or request for proposals.  The purchase order must shall

  9  include, but need not be limited to, an adequate description

10  of the services, the contract period, and the method of

11  payment. In lieu of printing the provisions of paragraphs

12  (a)-(f) in the contract document or purchase order, agencies

13  may incorporate the requirements of paragraphs (a)-(f) by

14  reference.

15         (4)  Every procurement of contractual services of the

16  value of the threshold amount provided in s. 287.017 for

17  CATEGORY TWO or less, except for the providing of health and

18  mental health services or drugs in the examination, diagnosis,

19  or treatment of sick or injured state employees or the

20  providing of other benefits as required by the provisions of

21  chapter 440, shall be evidenced by a written agreement or

22  purchase order.  The written agreement or purchase order must

23  shall contain sufficient detail for a proper audit, must shall

24  be signed by purchasing or contracting personnel acting on

25  behalf of the agency, and may contain the provisions and

26  conditions provided in subsection (1).

27         (5)  Unless otherwise provided in the General

28  Appropriations Act or the substantive bill implementing the

29  General Appropriations Act, the Comptroller may waive the

30  requirements of this section for services which are included

31  in s. 287.057(5)(f) s. 287.057(4)(f).


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  1         Section 18.  Subsection (2) of section 287.059, Florida

  2  Statutes, is amended to read:

  3         287.059  Private attorney services.--

  4         (2)  No agency shall contract for private attorney

  5  services without the prior written approval of the Attorney

  6  General, except that such written approval is not required for

  7  private attorney services:

  8         (a)  Procured by the Executive Office of the Governor

  9  or any department under the exclusive jurisdiction of a single

10  Cabinet officer.

11         (b)  Provided by legal services organizations to

12  indigent clients.

13         (c)  Necessary to represent the state in litigation

14  involving the State Risk Management Trust Fund pursuant to

15  part II of chapter 284.

16         (d)  Procured by the university and college boards of

17  trustees or the state universities and colleges Board of

18  Regents and the universities of the State University System.

19         (e)  Procured by community and junior colleges and

20  multicounty special districts.

21         (f)  Procured by the Board of Trustees for the Florida

22  School for the Deaf and the Blind.

23         Section 19.  Subsections (1) and (2) of section

24  287.0595, Florida Statutes, are amended to read:

25         287.0595  Pollution response action contracts;

26  department rules.--

27         (1)  The Department of Environmental Protection shall

28  establish, by adopting through the promulgation of

29  administrative rules as provided in chapter 120:

30         (a)  Procedures for determining the qualifications of

31  responsible potential vendors bidders prior to advertisement


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  1  for and receipt of bids, proposals, or replies for pollution

  2  response action contracts, including procedures for the

  3  rejection of unqualified vendors bidders. Response actions are

  4  those activities described in s. 376.301(37).

  5         (b)  Procedures for awarding such contracts to the

  6  lowest responsible and responsive vendor qualified bidder as

  7  well as procedures to be followed in cases in which the

  8  department declares a valid emergency to exist which would

  9  necessitate the waiver of the rules governing the awarding of

10  such contracts to the lowest responsible and responsive vendor

11  qualified bidder.

12         (c)  Procedures governing payment of contracts.

13         (d)  Procedures to govern negotiations for contracts,

14  modifications to contract documents, and terms and conditions

15  of contracts.

16         (2)  In adopting rules under this section, the

17  Department of Environmental Protection shall follow the

18  criteria applicable to the department's Department of

19  Management Services contracting to the maximum extent

20  possible, consistent with the goals and purposes of ss.

21  376.307 and 376.3071.

22         Section 20.  Section 287.073, Florida Statutes, is

23  repealed.

24         Section 21.  Section 287.0731, Florida Statutes, is

25  amended to read:

26         287.0731  Team for contract negotiations.--Contingent

27  upon funding in the General Appropriations Act, the department

28  of Management Services, in consultation with the State

29  Technology Office, shall establish a permanent team that

30  includes for contract negotiations including a chief

31  negotiator, to specialize in conducting negotiations for the


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  1  procurement of information technology with an invitation to

  2  negotiate.

  3         Section 22.  Section 287.0822, Florida Statutes, is

  4  amended to read:

  5         287.0822  Beef and pork; prohibition on purchase; bid

  6  specifications; penalty.--

  7         (1)  Fresh or frozen beef or pork that has not been

  8  inspected by the United States Department of Agriculture or by

  9  another state's inspection program which has been approved by

10  the United States Department of Agriculture shall not be

11  purchased, or caused to be purchased, by any agency of the

12  state or of any municipality, political subdivision, school

13  district, or special district for consumption in this state or

14  for distribution for consumption in this state. Solicitations

15  Bid invitations issued by any agency of the state or of any

16  municipality, political subdivision, school district, or

17  special district for the purchase of fresh or frozen beef or

18  pork must specify that only beef or pork inspected and passed

19  by either the United States Department of Agriculture or by

20  another state's inspection program which has been approved by

21  the United States Department of Agriculture will be accepted.

22  The supplier or vendor shall certify on the invoice that the

23  fresh or frozen beef or pork or imported beef or pork supplied

24  is either domestic or complies with this subsection.

25         (2)  All solicitations bid invitations for purchase of

26  fresh or frozen meats of any kind by any agency of the state

27  or of any municipality, political subdivision, school

28  district, or special district using state or local funds shall

29  include the words: " 'All American' and 'Genuine Florida'

30  meats or meat products shall be granted preference as allowed

31  by Section 287.082, Florida Statutes."


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  1         (3)  Any person who knowingly violates or causes to be

  2  violated the provisions of this section shall be personally

  3  liable to the affected public agency for any funds spent in

  4  violation of the provisions of this section.

  5         Section 23.  Section 287.084, Florida Statutes, is

  6  amended to read:

  7         287.084  Preference to Florida businesses.--

  8         (1)  When an agency, county, municipality, school

  9  district, or other political subdivision of the state is

10  required to make purchases of personal property through

11  competitive solicitation bidding and the lowest responsible

12  and responsive bid, proposal, or reply is by a vendor bidder

13  whose principal place of business is in a state or political

14  subdivision thereof which grants a preference for the purchase

15  of such personal property to a person whose principal place of

16  business is in such state, then the agency, county,

17  municipality, school district, or other political subdivision

18  of this state may award a preference to the lowest responsible

19  and responsive vendor bidder having a principal place of

20  business within this state, which preference is equal to the

21  preference granted by the state or political subdivision

22  thereof in which the lowest responsible and responsive vendor

23  bidder has its his or her principal place of business.

24  However, this section does shall not apply to transportation

25  projects for which federal aid funds are available.

26         (2)  If a solicitation an invitation for bids provides

27  for the granting of such preference as is provided in this

28  section herein, any vendor bidder whose principal place of

29  business is outside the State of Florida must accompany any

30  written bid, proposal, or reply documents with a written

31  opinion of an attorney at law licensed to practice law in that


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  1  foreign state, as to the preferences, if any or none, granted

  2  by the law of that state to its own business entities whose

  3  principal places of business are in that foreign state in the

  4  letting of any or all public contracts.

  5         Section 24.  Section 287.087, Florida Statutes, is

  6  amended to read:

  7         287.087  Preference to businesses with drug-free

  8  workplace programs.--Whenever two or more bids, proposals, or

  9  replies that which are equal with respect to price, quality,

10  and service are received by the state or by any political

11  subdivision for the procurement of commodities or contractual

12  services, a bid, proposal, or reply received from a business

13  that certifies that it has implemented a drug-free workplace

14  program shall be given preference in the award process. In

15  order to have a drug-free workplace program, a business shall:

16         (1)  Publish a statement notifying employees that the

17  unlawful manufacture, distribution, dispensing, possession, or

18  use of a controlled substance is prohibited in the workplace

19  and specifying the actions that will be taken against

20  employees for violations of such prohibition.

21         (2)  Inform employees about the dangers of drug abuse

22  in the workplace, the business's policy of maintaining a

23  drug-free workplace, any available drug counseling,

24  rehabilitation, and employee assistance programs, and the

25  penalties that may be imposed upon employees for drug abuse

26  violations.

27         (3)  Give each employee engaged in providing the

28  commodities or contractual services that are under bid a copy

29  of the statement specified in subsection (1).

30         (4)  In the statement specified in subsection (1),

31  notify the employees that, as a condition of working on the


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  1  commodities or contractual services that are under bid, the

  2  employee will abide by the terms of the statement and will

  3  notify the employer of any conviction of, or plea of guilty or

  4  nolo contendere to, any violation of chapter 893 or of any

  5  controlled substance law of the United States or any state,

  6  for a violation occurring in the workplace no later than 5

  7  days after such conviction.

  8         (5)  Impose a sanction on, or require the satisfactory

  9  participation in a drug abuse assistance or rehabilitation

10  program if such is available in the employee's community by,

11  any employee who is so convicted.

12         (6)  Make a good faith effort to continue to maintain a

13  drug-free workplace through implementation of this section.

14         Section 25.  Section 287.093, Florida Statutes, is

15  amended to read:

16         287.093  Minority business enterprises; procurement of

17  personal property and services from funds set aside for such

18  purpose.--Any county, municipality, community college, or

19  district school board may set aside up to 10 percent or more

20  of the total amount of funds allocated for the procurement of

21  personal property and services for the purpose of entering

22  into contracts with minority business enterprises.  Such

23  contracts shall be competitively solicited bid only among

24  minority business enterprises.  The set-aside shall be used to

25  redress present effects of past discriminatory practices and

26  shall be subject to periodic reassessment to account for

27  changing needs and circumstances.

28         Section 26.  Paragraphs (n) and (o) of subsection (4)

29  and paragraphs (d) and (e) of subsection (5) of section

30  287.09451, Florida Statutes, are amended to read:

31  


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  1         287.09451  Office of Supplier Diversity; powers,

  2  duties, and functions.--

  3         (4)  The Office of Supplier Diversity shall have the

  4  following powers, duties, and functions:

  5         (n)1.  To develop procedures to be used by an agency in

  6  identifying commodities, contractual services, architectural

  7  and engineering services, and construction contracts, except

  8  those architectural, engineering, construction, or other

  9  related services or contracts subject to the provisions of

10  chapter 339, that could be provided by minority business

11  enterprises. Each agency is encouraged to spend 21 percent of

12  the moneys actually expended for construction contracts, 25

13  percent of the moneys actually expended for architectural and

14  engineering contracts, 24 percent of the moneys actually

15  expended for commodities, and 50.5 percent of the moneys

16  actually expended for contractual services during the previous

17  fiscal year, except for the state university construction

18  program which shall be based upon public education capital

19  outlay projections for the subsequent fiscal year, and

20  reported to the Legislature pursuant to s. 216.023, for the

21  purpose of entering into contracts with certified minority

22  business enterprises as defined in s. 288.703(2), or approved

23  joint ventures. However, in the event of budget reductions

24  pursuant to s. 216.221, the base amounts may be adjusted to

25  reflect such reductions. The overall spending goal for each

26  industry category shall be subdivided as follows:

27         a.  For construction contracts: 4 percent for black

28  Americans, 6 percent for Hispanic-Americans, and 11 percent

29  for American women.

30  

31  


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  1         b.  For architectural and engineering contracts: 9

  2  percent for Hispanic-Americans, 1 percent for Asian-Americans,

  3  and 15 percent for American women.

  4         c.  For commodities: 2 percent for black Americans, 4

  5  percent for Hispanic-Americans, 0.5 percent for

  6  Asian-Americans, 0.5 percent for Native Americans, and 17

  7  percent for American women.

  8         d.  For contractual services: 6 percent for black

  9  Americans, 7 percent for Hispanic-Americans, 1 percent for

10  Asian-Americans, 0.5 percent for Native Americans, and 36

11  percent for American women.

12         2.  For the purposes of commodities contracts for the

13  purchase of equipment to be used in the construction and

14  maintenance of state transportation facilities involving the

15  Department of Transportation, "minority business enterprise"

16  has the same meaning as provided in s. 288.703. "Minority

17  person" has the same meaning as in s. 288.703(3). In order to

18  ensure that the goals established under this paragraph for

19  contracting with certified minority business enterprises are

20  met, the department, with the assistance of the Office of

21  Supplier Diversity, shall make recommendations to the

22  Legislature on revisions to the goals, based on an updated

23  statistical analysis, at least once every 5 years. Such

24  recommendations shall be based on statistical data indicating

25  the availability of and disparity in the use of minority

26  businesses contracting with the state. The results of the

27  first updated disparity study must be presented to the

28  Legislature no later than December 1, 1996.

29         3.  In determining the base amounts for assessing

30  compliance with this paragraph, the Office of Supplier

31  Diversity may develop, by rule, guidelines for all agencies to


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  1  use in establishing such base amounts. These rules must

  2  include, but are not limited to, guidelines for calculation of

  3  base amounts, a deadline for the agencies to submit base

  4  amounts, a deadline for approval of the base amounts by the

  5  Office of Supplier Diversity, and procedures for adjusting the

  6  base amounts as a result of budget reductions made pursuant to

  7  s. 216.221.

  8         4.  To determine guidelines for the use of price

  9  preferences, weighted preference formulas, or other

10  preferences, as appropriate to the particular industry or

11  trade, to increase the participation of minority businesses in

12  state contracting. These guidelines shall include

13  consideration of:

14         a.  Size and complexity of the project.

15         b.  The concentration of transactions with minority

16  business enterprises for the commodity or contractual services

17  in question in prior agency contracting.

18         c.  The specificity and definition of work allocated to

19  participating minority business enterprises.

20         d.  The capacity of participating minority business

21  enterprises to complete the tasks identified in the project.

22         e.  The available pool of minority business enterprises

23  as prime contractors, either alone or as partners in an

24  approved joint venture that serves as the prime contractor.

25         5.  To determine guidelines for use of joint ventures

26  to meet minority business enterprises spending goals. For

27  purposes of this section, "joint venture" means any

28  association of two or more business concerns to carry out a

29  single business enterprise for profit, for which purpose they

30  combine their property, capital, efforts, skills, and

31  knowledge. The guidelines shall allow transactions with joint


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  1  ventures to be eligible for credit against the minority

  2  business enterprise goals of an agency when the contracting

  3  joint venture demonstrates that at least one partner to the

  4  joint venture is a certified minority business enterprise as

  5  defined in s. 288.703, and that such partner is responsible

  6  for a clearly defined portion of the work to be performed, and

  7  shares in the ownership, control, management,

  8  responsibilities, risks, and profits of the joint venture.

  9  Such demonstration shall be by verifiable documents and sworn

10  statements and may be reviewed by the Office of Supplier

11  Diversity at or before the time a contract bid, proposal, or

12  reply is submitted. An agency may count toward its minority

13  business enterprise goals a portion of the total dollar amount

14  of a contract equal to the percentage of the ownership and

15  control held by the qualifying certified minority business

16  partners in the contracting joint venture, so long as the

17  joint venture meets the guidelines adopted by the office.

18         (o)1.  To establish a system to record and measure the

19  use of certified minority business enterprises in state

20  contracting. This system shall maintain information and

21  statistics on certified minority business enterprise

22  participation, awards, dollar volume of expenditures and

23  agency goals, and other appropriate types of information to

24  analyze progress in the access of certified minority business

25  enterprises to state contracts and to monitor agency

26  compliance with this section. Such reporting must include, but

27  is not limited to, the identification of all subcontracts in

28  state contracting by dollar amount and by number of

29  subcontracts and the identification of the utilization of

30  certified minority business enterprises as prime contractors

31  and subcontractors by dollar amounts of contracts and


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  1  subcontracts, number of contracts and subcontracts, minority

  2  status, industry, and any conditions or circumstances that

  3  significantly affected the performance of subcontractors.

  4  Agencies shall report their compliance with the requirements

  5  of this reporting system at least annually and at the request

  6  of the office. All agencies shall cooperate with the office in

  7  establishing this reporting system. Except in construction

  8  contracting, all agencies shall review contracts costing in

  9  excess of CATEGORY FOUR as defined in s. 287.017 to determine

10  if such contracts could be divided into smaller contracts to

11  be separately solicited bid and awarded, and shall, when

12  economical, offer such smaller contracts to encourage minority

13  participation.

14         2.  To report agency compliance with the provisions of

15  subparagraph 1. for the preceding fiscal year to the Governor

16  and Cabinet, the President of the Senate, the Speaker of the

17  House of Representatives, and the secretary of the Department

18  of Labor and Employment Security on or before February 1 of

19  each year. The report must contain, at a minimum, the

20  following:

21         a.  Total expenditures of each agency by industry.

22         b.  The dollar amount and percentage of contracts

23  awarded to certified minority business enterprises by each

24  state agency.

25         c.  The dollar amount and percentage of contracts

26  awarded indirectly to certified minority business enterprises

27  as subcontractors by each state agency.

28         d.  The total dollar amount and percentage of contracts

29  awarded to certified minority business enterprises, whether

30  directly or indirectly, as subcontractors.

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  1         e.  A statement and assessment of good faith efforts

  2  taken by each state agency.

  3         f.  A status report of agency compliance with

  4  subsection (6), as determined by the Minority Business

  5  Enterprise Office.

  6         (5)

  7         (d)  If Should the proposed procurement proceeds

  8  proceed to competitive solicitation bidding, the office is

  9  hereby granted standing to protest, pursuant to this section,

10  in a timely manner, any contract award during in competitive

11  solicitation bidding for contractual services and construction

12  contracts that fail to include minority business enterprise

13  participation, if any responsible and responsive vendor

14  responding bidder has demonstrated the ability to achieve any

15  level of participation, or, any contract award for commodities

16  where, a reasonable and economical opportunity to reserve a

17  contract, statewide or district level, for minority

18  participation was not executed or, an agency failed to adopt

19  an applicable preference for minority participation. The bond

20  requirement shall be waived for the office purposes of this

21  subsection.

22         (e)  An agency may presume that a vendor bidder

23  offering no minority participation has not made a good faith

24  effort when other vendors bidders offer minority participation

25  of firms listed as relevant to the agency's purchasing needs

26  in the pertinent locality or statewide to complete the

27  project.

28         Section 27.  Subsection (3) is added to section

29  287.095, Florida Statutes, to read:

30         287.095  Department of Corrections; prison industry

31  programs.--


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  1         (3)  All products offered for purchase to a state

  2  agency by the corporation organized under chapter 946 shall be

  3  produced in majority part by inmate labor, except for products

  4  not made by inmates which products are contractually allied to

  5  products made by inmates which are offered by the corporation,

  6  provided the value of the products not made by inmates do not

  7  exceed 2 percent of the total sales of the corporation in any

  8  year.

  9         Section 28.  Section 287.121, Florida Statutes, is

10  repealed.

11         Section 29.  Paragraph (g) of subsection (1),

12  subsection (2), and paragraphs (a) and (d) of subsection (3)

13  of section 287.133, Florida Statutes, are amended to read:

14         287.133  Public entity crime; denial or revocation of

15  the right to transact business with public entities.--

16         (1)  As used in this section:

17         (g)  "Public entity crime" means a violation of any

18  state or federal law by a person with respect to and directly

19  related to the transaction of business with any public entity

20  or with an agency or political subdivision of any other state

21  or with the United States, including, but not limited to, any

22  bid, proposal, reply, or contract for goods or services, any

23  lease for real property, or any contract for the construction

24  or repair of a public building or public work, involving

25  antitrust, fraud, theft, bribery, collusion, racketeering,

26  conspiracy, or material misrepresentation.

27         (2)(a)  A person or affiliate who has been placed on

28  the convicted vendor list following a conviction for a public

29  entity crime may not submit a bid, proposal, or reply on a

30  contract to provide any goods or services to a public entity;,

31  may not submit a bid, proposal, or reply on a contract with a


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  1  public entity for the construction or repair of a public

  2  building or public work;, may not submit bids, proposals, or

  3  replies on leases of real property to a public entity;, may

  4  not be awarded or perform work as a contractor, supplier,

  5  subcontractor, or consultant under a contract with any public

  6  entity;, and may not transact business with any public entity

  7  in excess of the threshold amount provided in s. 287.017 for

  8  CATEGORY TWO for a period of 36 months following from the date

  9  of being placed on the convicted vendor list.

10         (b)  A No public entity may not shall accept any bid,

11  proposal, or reply from, award any contract to, or transact

12  any business in excess of the threshold amount provided in s.

13  287.017 for CATEGORY TWO with any person or affiliate on the

14  convicted vendor list for a period of 36 months following from

15  the date that person or affiliate was placed on the convicted

16  vendor list unless that person or affiliate has been removed

17  from the list pursuant to paragraph (3)(f).  A No public

18  entity that which was transacting business with a person at

19  the time of the commission of a public entity crime resulting

20  which resulted in that person being placed on the convicted

21  vendor list may not shall accept any bid, proposal, or reply

22  from, award any contract to, or transact any business with any

23  other person who is under the same, or substantially the same,

24  control as the person whose name appears on the convicted

25  vendor list so long as that person's name appears on the

26  convicted vendor list.

27         (3)(a)  All invitations to bid as defined by s.

28  287.012(11), requests for proposals as defined by s.

29  287.012(15), and invitations to negotiate, as defined in s.

30  287.012, and any contract document described by s. 287.058

31  


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  1  shall contain a statement informing persons of the provisions

  2  of paragraph (2)(a).

  3         (d)  The department shall maintain a list of the names

  4  and addresses of those who have been disqualified from the

  5  public contracting and purchasing process under this section.

  6  The department shall publish an initial list on January 1,

  7  1990, and shall publish an updated version of the list

  8  quarterly thereafter. The initial list and revised quarterly

  9  lists shall be electronically posted published in the Florida

10  Administrative Weekly. Notwithstanding this paragraph, a

11  person or affiliate disqualified from the public contracting

12  and purchasing process pursuant to this section shall be

13  disqualified as of the date the final order is entered.

14         Section 30.  Subsection (2) and paragraphs (a) and (c)

15  of subsection (3) of section 287.134, Florida Statutes, are

16  amended to read:

17         287.134  Discrimination; denial or revocation of the

18  right to transact business with public entities.--

19         (2)(a)  An entity or affiliate who has been placed on

20  the discriminatory vendor list may not submit a bid, proposal,

21  or reply on a contract to provide any goods or services to a

22  public entity;, may not submit a bid, proposal, or reply on a

23  contract with a public entity for the construction or repair

24  of a public building or public work;, may not submit bids,

25  proposals, or replies on leases of real property to a public

26  entity;, may not be awarded or perform work as a contractor,

27  supplier, subcontractor, or consultant under a contract with

28  any public entity;, and may not transact business with any

29  public entity.

30         (b)  A No public entity may not shall accept any bid,

31  proposals, or replies from, award any contract to, or transact


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  1  any business with any entity or affiliate on the

  2  discriminatory vendor list for a period of 36 months following

  3  from the date that entity or affiliate was placed on the

  4  discriminatory vendor list unless that entity or affiliate has

  5  been removed from the list pursuant to paragraph (3)(f). A No

  6  public entity that which was transacting business with an

  7  entity at the time of the discrimination resulting which

  8  resulted in that entity being placed on the discriminatory

  9  vendor list may not shall accept any bid, proposal, or reply

10  from, award any contract to, or transact any business with any

11  other entity who is under the same, or substantially the same,

12  control as the entity whose name appears on the discriminatory

13  vendor list so long as that entity's name appears on the

14  discriminatory vendor list.

15         (3)(a)  All invitations to bid, as defined by s.

16  287.012(11), requests for proposals, as defined by s.

17  287.012(15), and invitations to negotiate, as defined by s.

18  287.012, and any written contract document of the state must

19  shall contain a statement informing entities of the provisions

20  of paragraph (2)(a).

21         (c)  The department shall maintain a list of the names

22  and addresses of any entity which has been disqualified from

23  the public contracting and purchasing process under this

24  section.  The department shall publish an initial list on

25  January 1, 2001, and shall publish an updated version of the

26  list quarterly thereafter. The initial list and revised

27  quarterly lists shall be electronically posted published in

28  the Florida Administrative Weekly. Notwithstanding this

29  paragraph, an entity or affiliate disqualified from the public

30  contracting and purchasing process pursuant to this section

31  


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  1  shall be disqualified as of the date the final order is

  2  entered.

  3         Section 31.  Section 287.1345, Florida Statutes, is

  4  amended to read:

  5         287.1345  Surcharge on users of state term contracts;

  6  deposit of proceeds collected.--The department of Management

  7  Services may impose a surcharge upon users of state term

  8  contracts in order to fund the costs, including overhead, of

  9  its procurement function.  The department may provide for the

10  state term contract vendor to collect the surcharge or

11  directly collect the fee from the public agency or eligible

12  user involved.  For the purpose of compensating vendors for

13  expenses incurred in collecting such fees, the department may

14  authorize a vendor to retain a portion of the fees.  The

15  vendor may withhold the portion retained from the amount of

16  fees to be remitted to the department.  The department may

17  negotiate the retainage as a percentage of such fees charged

18  to users, as a flat amount, or as any other method the

19  department deems feasible. Vendors shall maintain accurate

20  sales summaries for purchases made from state term contracts

21  and shall provide the summaries to the department on a

22  quarterly basis.  Any contract remedies relating to the

23  collection of such fees from users through vendors are

24  enforceable, including, but not limited to, liquidated

25  damages, late fees, and the costs of collection, including

26  attorney's fees.  The fees collected pursuant to this section

27  shall be deposited into the Grants and Donations Trust Fund of

28  the department and are subject to appropriation as provided by

29  law.  The Executive Office of the Governor may exempt

30  transactions from the payment of the surcharge if payment of

31  such surcharge would cause the state, a political subdivision,


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  1  or unit of local government to lose federal funds or in other

  2  cases where such exemption is in the public interest.  The

  3  fees collected pursuant to this section and interest income on

  4  such fees shall not be deemed to be income of a revenue nature

  5  for purposes of chapter 215.

  6         Section 32.  Section 373.610, Florida Statutes, is

  7  amended to read:

  8         373.610  Defaulting vendors and contractors.--The

  9  district may suspend a contractor on a temporary or permanent

10  basis from doing work with the district if such contractor has

11  materially breached its contract with the district. The

12  district shall adopt rules to administer the provisions of

13  this section to specify the circumstances and conditions that

14  constitute a materially breached contract and conditions that

15  constitute the period for temporary or permanent suspension

16  and for reinstatement.

17         Section 33.  Section 373.611, Florida Statutes, is

18  amended to read:

19         373.611  Modification or limitation of remedy.--In

20  order to promote the cost-effective procurement of commodities

21  and contractual services by the water management districts, a

22  district may enter into contracts to limit or alter the

23  measure of damages recoverable from a vendor or contractor by

24  a district when procuring commodities or contractual services,

25  consistent with the provisions contained in s. 672.719.

26         Section 34.  Subsection (3) of section 394.457, Florida

27  Statutes, is amended to read:

28         394.457  Operation and administration.--

29         (3)  POWER TO CONTRACT.--The department may contract to

30  provide, and be provided with, services and facilities in

31  order to carry out its responsibilities under this part with


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  1  the following agencies: public and private hospitals;

  2  receiving and treatment facilities; clinics; laboratories;

  3  departments, divisions, and other units of state government;

  4  the state colleges and universities; the community colleges;

  5  private colleges and universities; counties, municipalities,

  6  and any other governmental unit, including facilities of the

  7  United States Government; and any other public or private

  8  entity which provides or needs facilities or services. Baker

  9  Act funds for community inpatient, crisis stabilization,

10  short-term residential treatment, and screening services must

11  be allocated to each county pursuant to the department's

12  funding allocation methodology. Notwithstanding the provisions

13  of s. 287.057(5)(f) s. 287.057(4)(f), contracts for

14  community-based Baker Act services for inpatient, crisis

15  stabilization, short-term residential treatment, and screening

16  provided under this part, other than those with other units of

17  government, to be provided for the department must be awarded

18  using competitive sealed bids when the county commission of

19  the county receiving the services makes a request to the

20  department's district office by January 15 of the contracting

21  year. The district shall not enter into a competitively bid

22  contract under this provision if such action will result in

23  increases of state or local expenditures for Baker Act

24  services within the district.  Contracts for these Baker Act

25  services using competitive sealed bids will be effective for 3

26  years. Services contracted for by the department may be

27  reimbursed by the state at a rate up to 100 percent.  The

28  department shall adopt rules establishing minimum standards

29  for such contracted services and facilities and shall make

30  periodic audits and inspections to assure that the contracted

31  


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  1  services are provided and meet the standards of the

  2  department.

  3         Section 35.  Paragraph (a) of subsection (1) of section

  4  394.47865, Florida Statutes, is amended to read:

  5         394.47865  South Florida State Hospital;

  6  privatization.--

  7         (1)  The Department of Children and Family Services

  8  shall, through a request for proposals, privatize South

  9  Florida State Hospital. The department shall plan to begin

10  implementation of this privatization initiative by July 1,

11  1998.

12         (a)  Notwithstanding s. 287.057(14) s. 287.057(13), the

13  department may enter into agreements, not to exceed 20 years,

14  with a private provider, a coalition of providers, or another

15  agency to finance, design, and construct a treatment facility

16  having up to 350 beds and to operate all aspects of daily

17  operations within the facility. The department may subcontract

18  any or all components of this procurement to a statutorily

19  established state governmental entity that has successfully

20  contracted with private companies for designing, financing,

21  acquiring, leasing, constructing, and operating major

22  privatized state facilities.

23         Section 36.  Subsections (1) and (5) of section 402.73,

24  Florida Statutes, are amended to read:

25         402.73  Contracting and performance standards.--

26         (1)  The Department of Children and Family Services

27  shall establish performance standards for all contracted

28  client services. Notwithstanding s. 287.057(5)(f) s.

29  287.057(4)(f), the department must competitively procure any

30  contract for client services when any of the following occurs:

31  


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  1         (a)  The provider fails to meet appropriate performance

  2  standards established by the department after the provider has

  3  been given a reasonable opportunity to achieve the established

  4  standards.

  5         (b)  A new program or service has been authorized and

  6  funded by the Legislature and the annual value of the contract

  7  for such program or service is $300,000 or more.

  8         (c)  The department has concluded, after reviewing

  9  market prices and available treatment options, that there is

10  evidence that the department can improve the performance

11  outcomes produced by its contract resources. At a minimum, the

12  department shall review market prices and available treatment

13  options biennially. The department shall compile the results

14  of the biennial review and include the results in its annual

15  performance report to the Legislature pursuant to chapter

16  94-249, Laws of Florida. The department shall provide notice

17  and an opportunity for public comment on its review of market

18  prices and available treatment options.

19         (5)  When it is in the best interest of a defined

20  segment of its consumer population, the department may

21  competitively procure and contract for systems of treatment or

22  service that involve multiple providers, rather than procuring

23  and contracting for treatment or services separately from each

24  participating provider. The department must ensure that all

25  providers that participate in the treatment or service system

26  meet all applicable statutory, regulatory, service-quality,

27  and cost-control requirements. If other governmental entities

28  or units of special purpose government contribute matching

29  funds to the support of a given system of treatment or

30  service, the department shall formally request information

31  from those funding entities in the procurement process and may


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  1  take the information received into account in the selection

  2  process. If a local government contributes match to support

  3  the system of treatment or contracted service and if the match

  4  constitutes at least 25 percent of the value of the contract,

  5  the department shall afford the governmental match contributor

  6  an opportunity to name an employee as one of the persons to

  7  the selection team required by s. 287.057(17) to evaluate or

  8  negotiate certain contracts, unless the department sets forth

  9  in writing the reason why such inclusion would be contrary to

10  the best interest of the state s. 287.057(15). Any employee so

11  named by the governmental match contributor shall qualify as

12  one of the persons employees required by s. 287.057(17) s.

13  287.057(15). The selection team shall include the named

14  employee unless the department sets forth in writing the

15  reason such inclusion would be contrary to the best interests

16  of the state. No governmental entity or unit of special

17  purpose government may name an employee as one of the persons

18  required by s. 287.057(17) to the selection team if it, or any

19  of its political subdivisions, executive agencies, or special

20  districts, intends to compete for the contract to be awarded.

21  The governmental funding entity or match contributor shall

22  comply with any deadlines and procurement procedures

23  established by the department. The department may also involve

24  nongovernmental funding entities in the procurement process

25  when appropriate.

26         Section 37.  Subsection (2) of section 408.045, Florida

27  Statutes, is amended to read:

28         408.045  Certificate of need; competitive sealed

29  proposals.--

30         (2)  The agency shall make a decision regarding the

31  issuance of the certificate of need in accordance with the


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  1  provisions of s. 287.057(17) s. 287.057(15), rules adopted by

  2  the agency relating to intermediate care facilities for the

  3  developmentally disabled, and the criteria in s. 408.035, as

  4  further defined by rule.

  5         Section 38.  Subsection (2) of section 413.033, Florida

  6  Statutes, is amended to read:

  7         413.033  Definitions.--As used in ss. 413.032-413.037:

  8         (2)  "Other severely handicapped" and "severely

  9  handicapped individuals" mean an individual or class of

10  individuals under a physical or mental disability other than

11  blindness, which, according to criteria established by the

12  department commission created in s. 413.034, after

13  consultation with appropriate entities of the state and taking

14  into account the views of nongovernmental entities

15  representing the handicapped, constitutes a substantial

16  handicap to employment and is of such a nature as to prevent

17  the individual under such disability from currently engaging

18  in normal competitive employment.

19         Section 39.  Section 413.035, Florida Statutes, is

20  amended to read:

21         413.035  Duties and powers of the department

22  commission.--

23         (1)  It shall be the duty of the department commission

24  to determine the market price of all products and services

25  offered for sale to the various agencies of the state by any

26  qualified nonprofit agency for the blind or other severely

27  handicapped.  The price shall recover for the nonprofit agency

28  the cost of raw materials, labor, overhead, and delivery, but

29  without profit, and shall be revised from time to time in

30  accordance with changing cost factors.  The department

31  commission shall make such rules and regulations regarding


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  1  specifications, time of delivery, and assignment of products

  2  and services to be supplied by nonprofit agencies for the

  3  blind or by agencies for the other severely handicapped, with

  4  priority for assignment of products to agencies for the blind,

  5  authorization of a central nonprofit agency to facilitate the

  6  allocation of orders among qualified nonprofit agencies for

  7  the blind, authorization of a central nonprofit agency to

  8  facilitate the allocation of orders among qualified nonprofit

  9  agencies for other severely handicapped, and other relevant

10  matters of procedure as shall be necessary to carry out the

11  purposes of this act.  The department commission shall

12  authorize the purchase of products and services elsewhere when

13  requisitions cannot reasonably be complied with through the

14  nonprofit agencies for the blind and other severely

15  handicapped.

16         (2)  The department commission shall establish and

17  publish a list of products and services provided by any

18  qualified nonprofit agency for the blind and any nonprofit

19  agency for the other severely handicapped, which the

20  department commission determines are suitable for procurement

21  by agencies of the state pursuant to this act.  This

22  procurement list and revision thereof shall be distributed to

23  all purchasing officers of the state and its political

24  subdivisions. All products offered for purchase to a state

25  agency by a qualified nonprofit agency shall have significant

26  value added by blind or severely handicapped persons, as

27  determined by the department.

28         Section 40.  Section 413.036, Florida Statutes, is

29  amended to read:

30         413.036  Procurement of services by agencies; authority

31  of department commission.--


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  1         (1)  If any agency intends to procure any product or

  2  service on the procurement list, that agency shall, in

  3  accordance with rules and regulations of the department

  4  commission, procure such product or service at the price

  5  established by the department commission from a qualified

  6  nonprofit agency for the blind or for the other severely

  7  handicapped if the product or service is available within a

  8  reasonable delivery time.  This act shall not apply in any

  9  case in which products or services are available for

10  procurement from any agency of the state and procurement

11  therefrom is required under the provision of any law currently

12  in effect.  However, this act shall have precedence over any

13  law requiring state agency procurement of products or services

14  from any other nonprofit corporation unless such precedence is

15  waived by the department commission in accordance with its

16  rules.

17         (2)  The provisions of part I of chapter 287 do not

18  apply to any purchase of commodities or contractual services

19  made by any legislative, executive, or judicial agency of the

20  state from a qualified nonprofit agency for the blind or for

21  the other severely handicapped.

22         (3)  If, pursuant to a contract between any

23  legislative, executive, or judicial agency of the state and

24  any private contract vendor, a product or service is required

25  by the Department of Management Services or on behalf of any

26  state agency that is included on the procurement list

27  established by the commission pursuant to s. 413.035(2), the

28  contract must contain the following language:

29         "IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY

30  ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT,

31  THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR


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  1  THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED

  2  PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER

  3  AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1)

  4  AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT

  5  THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE

  6  PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED

  7  FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED

  8  NONPROFIT AGENCY ARE CONCERNED."

  9         (4)  No similar product or service of comparable price

10  and quality found necessary for use by any state agency may be

11  purchased from any source other than the nonprofit agency for

12  the blind or for the severely handicapped if the nonprofit

13  agency certifies that the product is manufactured or supplied

14  by, or the service is provided by, the blind or the severely

15  handicapped and the product or service meets the comparable

16  performance specifications and comparable price and quality

17  requirements as determined by the department or an agency. The

18  purchasing authority of any such state agency may make

19  reasonable determinations of need, price, and quality with

20  reference to products or services available from the nonprofit

21  agency.

22         Section 41.  Section 413.037, Florida Statutes, is

23  amended to read:

24         413.037  Cooperation with department commission

25  required; duties of state agencies.--

26         (1)  In furtherance of the purposes of this act and in

27  order to contribute to the economy of state government, it is

28  the intent of the Legislature that there be close cooperation

29  between the department commission and any agency of the state

30  from which procurement of products or services is required

31  under the provision of any law currently in effect.  The


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  1  department commission and any such agency of the state are

  2  authorized to enter into such contractual agreements,

  3  cooperative working relationships, or other arrangements as

  4  may be determined to be necessary for effective coordination

  5  and efficient realization of the objectives of this act and

  6  any other law requiring procurement of products or services

  7  from any agency of the state.

  8         (2)  The department commission may secure directly from

  9  any agency of the state information necessary to enable it to

10  carry out this act.  Upon request of the department chair of

11  the commission, the head of the agency shall furnish such

12  information to the department commission.

13         (3)  Space shall be set aside in the State Capitol for

14  the purpose of exhibiting products produced by clients of

15  rehabilitation-oriented agencies of the state.

16         Section 42.  Paragraph (c) of subsection (5) of section

17  445.024, Florida Statutes, is amended to read:

18         445.024  Work requirements.--

19         (5)  USE OF CONTRACTS.--Regional workforce boards shall

20  provide work activities, training, and other services, as

21  appropriate, through contracts. In contracting for work

22  activities, training, or services, the following applies:

23         (c)  Notwithstanding the exemption from the competitive

24  sealed bid requirements provided in s. 287.057(5)(f) s.

25  287.057(4)(f) for certain contractual services, each contract

26  awarded under this chapter must be awarded on the basis of a

27  competitive sealed bid, except for a contract with a

28  governmental entity as determined by the regional workforce

29  board.

30         Section 43.  Paragraph (d) of subsection (2) of section

31  455.2177, Florida Statutes, is amended to read:


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  1         455.2177  Monitoring of compliance with continuing

  2  education requirements.--

  3         (2)  If the compliance monitoring system required under

  4  this section is privatized, the following provisions apply:

  5         (d)  Upon the failure of a vendor to meet its

  6  obligations under a contract as provided in paragraph (a), the

  7  department may suspend the contract and enter into an

  8  emergency contract under s. 287.057(5) s. 287.057(4).

  9         Section 44.  Section 413.034, Florida Statutes, is

10  repealed.

11         Section 45.  This act shall take effect July 1, 2002.

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