Amendment

Bill No. 1819

Amendment No. 305259

CHAMBER ACTION
Senate		House
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1	Representative Benson offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (13) of section 287.012, Florida
6	Statutes, is amended, to read:
7	287.012  Definitions.--As used in this part, the term:
8	(13)  "Exceptional purchase" means any purchase of
9	commodities or contractual services excepted by law or rule from
10	the requirements for competitive solicitation, including, but
11	not limited to, purchases from a single source; purchases upon
12	receipt of less than two responsive bids, proposals, or replies;
13	purchases made by an agency, after receiving approval from the
14	department, from a contract procured, pursuant to s. 287.057(1),
15	(2), or (3), by another agency; and purchases made without
16	advertisement in the manner required by s. 287.042(3)(b). The
17	term "exceptional purchase" does not include purchases made
18	pursuant to s. 287.057(5)(e) and (f).
19	Section 2.   Paragraphs (b) and (h) of subsection (1) and
20	paragraph (a) of subsection (16) of section 287.042, Florida
21	Statutes, are amended, to read:
22	287.042  Powers, duties, and functions.--The department
23	shall have the following powers, duties, and functions:
24	(1)
25	(b)  To The department may remove from its vendor list any
26	source of supply which fails to fulfill any of its duties
27	specified in a contract with the state. It may reinstate any
28	such source of supply when it is satisfied that further
29	instances of default will not occur.
30	(h)  The department may collect fees for the use of its
31	electronic information services. The fees may be imposed on an
32	individual transaction basis or as a fixed subscription for a
33	designated period of time. At a minimum, the fees shall be
34	determined in an amount sufficient to cover the department's
35	projected costs of such services, including overhead in
36	accordance with the policies of the Department of Management
37	Services for computing its administrative assessment. All fees
38	collected pursuant to this paragraph shall be deposited in the
39	Grants and Donations Trust Fund for disbursement as provided by
40	law.
41	(16)(a)  To evaluate contracts that are competitively
42	procured let by the Federal Government, another state, or a
43	political subdivision of any state for the provision of
44	commodities and contractual contract services, and, when it is
45	determined in writing to be cost-effective and in the best
46	interest of the state, to enter into a written agreement
47	authorizing an agency to make purchases under the a contract
48	approved by the department and let by the Federal Government,
49	another state, or a political subdivision.
50	Section 3.  Subsection (11) of section 287.045, Florida
51	Statutes, is repealed.
52	287.045  Procurement of products and materials with
53	recycled content.--
54	(11)  Each agency shall report annually to the department
55	its total expenditures on, and use of, products with recycled
56	content and the percentage of its budget that represents
57	purchases of similar products made from virgin materials. The
58	department shall design a uniform reporting mechanism and
59	prepare annual summaries of statewide purchases delineating
60	those with recycled content to be submitted to the Governor, the
61	President of the Senate, and the Speaker of the House of
62	Representatives.
63	Section 4.  Section 287.056, Florida Statutes, is amended
64	to read:
65	287.056  Purchases from purchasing agreements and state
66	term contracts.--
67	(1)  Agencies shall, and eligible users may, purchase
68	commodities and contractual services from purchasing agreements
69	established and state term contracts procured, under pursuant to
70	s. 287.057, by the department. The department may adopt rules
71	which exempt agencies from this subsection when commodities and
72	contractual services available from such purchasing agreements
73	and state term contracts cannot meet agency needs.
74	(2)  Agencies may have the option to purchase commodities
75	or contractual services from state term contracts procured,
76	pursuant to s. 287.057, by the department which contain a user
77	surcharge pursuant to s. 287.1345 as determined by the
78	department.
79	(2)(3)  Agencies and eligible users may use a request for
80	quote to obtain written pricing or services information from a
81	state term contract vendor for commodities or contractual
82	services available on state term contract from that vendor. The
83	purpose of a request for quote is to determine whether a price,
84	term, or condition more favorable to the agency or eligible user
85	than that provided in the state term contract is available. Use
86	of a request for quote does not constitute a decision or
87	intended decision that is subject to protest under s. 120.57(3).
88	Section 5.  Section 287.0565, Florida Statutes, is created
89	to read:
90	287.0565  Procurement of commodities or contractual
91	services.--
92	(1)  In order to obtain the best value for the state, the
93	department shall adopt rules pursuant to ss. 120.536(1) and
94	120.54, which prescribe methods for the procurement of
95	commodities and contractual services that do not cost in excess
96	of the threshold amount provided in s. 287.017 for CATEGORY TWO.
97	Section 6.  Subsections (2), (3), (5), (6), (17), (18), and
98	(23) of section 287.057, Florida Statutes, are amended to read:
99	287.057  Procurement of commodities or contractual
100	services.--
101	(2)(a)  If an agency determines in writing that the use of
102	an invitation to bid is not practicable, commodities or
103	contractual services shall be procured by competitive sealed
104	proposals. A request for proposals shall be made available
105	simultaneously to all vendors, and must include a statement of
106	the commodities or contractual services sought; the time and
107	date for the receipt of proposals and of the public opening; and
108	all contractual terms and conditions applicable to the
109	procurement, including the criteria, which shall include, but
110	need not be limited to, price, to be used in determining
111	acceptability of the proposal. The relative importance of price
112	and other evaluation criteria shall be indicated. If the agency
113	contemplates renewal of the commodities or contractual services
114	contract, that fact must be stated in the request for proposals.
115	The proposal shall include the price for each year for which the
116	contract may be renewed. Evaluation of proposals shall include
117	consideration of the total cost for each year as submitted by
118	the vendor.
119	(b)  The contract shall be awarded to the responsible and
120	responsive vendor whose proposal is determined in writing to
121	result in the best value be the most advantageous to the state,
122	taking into consideration the price and the other criteria set
123	forth in the request for proposals. The contract file shall
124	contain documentation supporting the basis on which the award is
125	made.
126	(3)(a)  If the agency determines in writing that the use of
127	an invitation to bid or a request for proposals is will not
128	likely to result in the best value to the state, the agency may
129	procure commodities and contractual services by competitive
130	sealed replies. The agency's written determination must specify
131	reasons that explain why negotiation may be necessary in order
132	for the state to achieve the best value and must be approved in
133	writing by the agency head or his or her designee prior to the
134	advertisement of an invitation to negotiate. An invitation to
135	negotiate shall be made available to all vendors simultaneously
136	and must include a statement of the commodities or contractual
137	services sought; the time and date for the receipt of replies
138	and of the public opening; and all terms and conditions
139	applicable to the procurement, including the criteria to be used
140	in determining the acceptability of the reply. If the agency
141	contemplates renewal of the contract, that fact must be stated
142	in the invitation to negotiate. The reply shall include the
143	price for each year for which the contract may be renewed.
144	(b)  The agency shall evaluate and rank responsive replies
145	against all evaluation criteria set forth in the invitation to
146	negotiate and shall select, based on the ranking, one or more
147	vendors with which to commence negotiations. After negotiations
148	are conducted, the agency shall award the contract to the
149	responsible and responsive vendor that the agency determines
150	will provide the best value to the state. The contract file must
151	contain a short plain statement that explains the basis for
152	vendor selection and that sets forth the vendor's deliverables
153	and price, pursuant to the contract, with an explanation of how
154	these deliverables and price provide the best value to the
155	state.
156	(5)  When the purchase price of commodities or contractual
157	services exceeds the threshold amount provided in s. 287.017 for
158	CATEGORY TWO, no purchase of commodities or contractual services
159	may be made without receiving competitive sealed bids,
160	competitive sealed proposals, or competitive sealed replies
161	unless:
162	(a)  The agency head determines in writing that an
163	immediate danger to the public health, safety, or welfare or
164	other substantial loss to the state requires emergency action.
165	After the agency head makes such a written determination, the
166	agency may proceed with the procurement of commodities or
167	contractual services necessitated by the immediate danger,
168	without receiving competitive sealed bids, competitive sealed
169	proposals, or competitive sealed replies. However, such
170	emergency procurement shall be made by obtaining pricing
171	information from at least two prospective vendors, which must be
172	retained in the contract file, unless the agency determines in
173	writing that the time required to obtain pricing information
174	will increase the immediate danger to the public health, safety,
175	or welfare or other substantial loss to the state. The agency
176	shall furnish copies of all written determinations certified
177	under oath and any other documents relating to the emergency
178	action to the department. A copy of the statement shall be
179	furnished to the Chief Financial Officer with the voucher
180	authorizing payment. The individual purchase of personal
181	clothing, shelter, or supplies which are needed on an emergency
182	basis to avoid institutionalization or placement in a more
183	restrictive setting is an emergency for the purposes of this
184	paragraph, and the filing with the department of such statement
185	is not required in such circumstances. In the case of the
186	emergency purchase of insurance, the period of coverage of such
187	insurance shall not exceed a period of 30 days, and all such
188	emergency purchases shall be reported to the department.
189	(b)  The purchase is made by an agency from a state term
190	contract procured, pursuant to this section, by the department
191	or by an agency, after receiving approval from the department,
192	from a contract procured, pursuant to subsection (1), subsection
193	(2), or subsection (3), by another agency.
194	(c)  The commodities or contractual services are available
195	only from a single source may be excepted from the competitive-
196	solicitation requirements. When an agency believes that
197	commodities or contractual services are available only from a
198	single source, the agency shall electronically post a
199	description in a form prescribed by the department of the
200	commodities or contractual services sought for a period of at
201	least 7 business days. The description must include a request
202	that prospective vendors provide information regarding their
203	ability to supply the commodities or contractual services
204	described. If it is determined in writing by the agency, after
205	reviewing any information received from prospective vendors,
206	that the commodities or contractual services are available only
207	from a single source, the agency shall:
208	1.  Provide notice in a form prescribed by the department
209	of its intended decision to enter a single-source purchase
210	contract in the manner specified in s. 120.57(3), if the amount
211	of the contract does not exceed the threshold amount provided in
212	s. 287.017 for CATEGORY FOUR.
213	2.  Request approval from the department for the single-
214	source purchase, if the amount of the contract exceeds the
215	threshold amount provided in s. 287.017 for CATEGORY FOUR. The
216	agency shall initiate its request for approval in a form
217	prescribed by the department, which request may be
218	electronically transmitted. The failure of the department to
219	approve or disapprove the agency's request for approval within
220	21 days after receiving such request shall constitute prior
221	approval of the department. If the department approves the
222	agency's request, the agency shall provide notice of its
223	intended decision to enter a single-source contract in the
224	manner specified in s. 120.57(3).
225	(d)  When it is in the best interest of the state, the
226	secretary of the department or his or her designee may authorize
227	the Support Program to purchase insurance by negotiation, but
228	such purchase shall be made only under conditions most favorable
229	to the public interest.
230	(e)  Prescriptive assistive devices for the purpose of
231	medical, developmental, or vocational rehabilitation of clients
232	are excepted from competitive-solicitation requirements and
233	shall be procured pursuant to an established fee schedule or by
234	any other method which ensures the best price for the state,
235	taking into consideration the needs of the client. Prescriptive
236	assistive devices include, but are not limited to, prosthetics,
237	orthotics, and wheelchairs. For purchases made pursuant to this
238	paragraph, state agencies shall annually file with the
239	department a description of the purchases and methods of
240	procurement.
241	(f)  The following contractual services and commodities are
242	not subject to the competitive-solicitation requirements of this
243	section:
244	1.  Artistic services.
245	2.  Academic program reviews.
246	3.  Lectures by individuals.
247	4.  Auditing services.
248	5.  Legal services, including attorney, paralegal, expert
249	witness, appraisal, or mediator services.
250	6.  Health services involving examination, diagnosis,
251	treatment, prevention, medical consultation, or administration.
252	7.  Services provided to persons with mental or physical
253	disabilities by not-for-profit corporations which have obtained
254	exemptions under the provisions of s. 501(c)(3) of the United
255	States Internal Revenue Code or when such services are governed
256	by the provisions of Office of Management and Budget Circular A-
257	122. However, in acquiring such services, the agency shall
258	consider the ability of the vendor, past performance,
259	willingness to meet time requirements, and price.
260	8.  Medicaid services delivered to an eligible Medicaid
261	recipient by a health care provider who has not previously
262	applied for and received a Medicaid provider number from the
263	Agency for Health Care Administration. However, this exception
264	shall be valid for a period not to exceed 90 days after the date
265	of delivery to the Medicaid recipient and shall not be renewed
266	by the agency.
267	9.  Family placement services.
268	10.  Prevention services related to mental health,
269	including drug abuse prevention programs, child abuse prevention
270	programs, and shelters for runaways, operated by not-for-profit
271	corporations. However, in acquiring such services, the agency
272	shall consider the ability of the vendor, past performance,
273	willingness to meet time requirements, and price.
274	11.  Training and education services provided to injured
275	employees pursuant to s. 440.49(1).
276	12.  Contracts entered into pursuant to s. 337.11.
277	13.  Contractual services or commodities provided directly
278	by governmental agencies; political subdivisions of the state;
279	state universities and colleges; the Federal Government or any
280	department, commission, agency, or other instrumentality
281	thereof; and any state or agency thereof. This subparagraph does
282	not apply to contractual services or commodities provided by
283	these entities pursuant to a contract between the entity and a
284	private vendor.
285	(g)  Continuing education events or programs that are
286	offered to the general public and for which fees have been
287	collected that pay all expenses associated with the event or
288	program are exempt from requirements for competitive
289	solicitation.
290	(6)  If less than two responsive bids, proposals, or
291	replies for commodity or contractual services purchases are
292	received, the department or other agency may negotiate on the
293	best terms and conditions. The department or other agency shall
294	document the reasons that such action is in the best interest of
295	the state in lieu of resoliciting competitive sealed bids,
296	proposals, or replies. Each agency shall report all such actions
297	to the department on a quarterly basis, in a manner and form
298	prescribed by the department.
299	(17)  For a contract in excess of the threshold amount
300	provided in s. 287.017 for CATEGORY FOUR, the agency head shall
301	appoint:
302	(a)  At least three persons to evaluate proposals and
303	replies who collectively have experience and knowledge in the
304	program areas and service requirements for which commodities or
305	contractual services are sought.
306	(b)  At least three persons to conduct negotiations during
307	a competitive sealed reply procurement who collectively have
308	experience and knowledge in negotiating contracts, contract
309	procurement, and the program areas and service requirements for
310	which commodities or contractual services are sought. As of
311	January 1, 2005, when the contract is in excess of $1 million,
312	at least one of the persons conducting negotiations must be a
313	certified negotiator as established by the department. The
314	department shall, by rule, establish the experience, knowledge,
315	and training required to be a certified negotiator. If the
316	procuring agency does not have an employee who has the requisite
317	certification, the department shall contract with a certified
318	negotiator to participate in the procuring agency's
319	negotiations.
320	(18)  A person who receives a contract that has not been
321	procured pursuant to subsections (1) through (5) to perform a
322	feasibility study of the potential implementation of a
323	subsequent contract, who participates in the drafting of a
324	solicitation or who develops a program for future
325	implementation, is not eligible to contract or subcontract,
326	directly or indirectly, with the agency for any other contracts
327	dealing with that specific subject matter, and any firm in which
328	such person has any interest is not eligible to receive such
329	contract or subcontract. However, this prohibition does not
330	prevent a vendor who responds to a request for information from
331	being eligible to contract with an agency.
332	(23)(a)  The department, in consultation with the State
333	Technology Office and the Chief Financial Officer Comptroller,
334	shall develop a program for on-line procurement of commodities
335	and contractual services. To enable the state to promote open
336	competition and to leverage its buying power, agencies shall
337	participate in the on-line procurement program, and eligible
338	users may participate in the program. Only vendors prequalified
339	as meeting mandatory requirements and qualifications criteria
340	shall be permitted to participate in on-line procurement. The
341	department, in consultation with the State Technology Office,
342	may contract for equipment and services necessary to develop and
343	implement on-line procurement.
344	(b)  The department, in consultation with the State
345	Technology Office, shall adopt rules, pursuant to ss. 120.536(1)
346	and 120.54, to administer the program for on-line procurement.
347	The rules shall include, but not be limited to:
348	1.  Determining the requirements and qualification criteria
349	for prequalifying vendors.
350	2.  Establishing the procedures for conducting on-line
351	procurement.
352	3.  Establishing the criteria for eligible commodities and
353	contractual services.
354	3.4.  Establishing the procedures for providing access to
355	on-line procurement.
356	4.5.  Determining the criteria warranting any exceptions to
357	participation in the on-line procurement program.
358	(c)  The department may collect fees for the use of the on-
359	line procurement system systems. The fees may be imposed on an
360	individual transaction basis or as a fixed percentage of the
361	cost savings generated. At a minimum, the fees must be set in an
362	amount sufficient to cover the projected costs of such services,
363	including administrative and project service costs in accordance
364	with the policies of the department; however, the fee may not
365	exceed 1 percent of each transaction. For the purposes of
366	compensating the provider, the department may authorize the
367	provider to collect and retain a portion of the fees. The
368	providers may withhold the portion retained from the amount of
369	fees to be remitted to the department. The department may
370	negotiate the retainage as a percentage of such fees charged to
371	users, as a flat amount, or as any other method the department
372	deems feasible. All fees and surcharges collected under this
373	paragraph shall be collected by the department and deposited in
374	the Grants and Donation Trust Fund as provided by law.
375	Section 7.  Subsection (6) is added to 287.058, Florida
376	Statutes, to read:
377	(6)  The contract documents for procurements subject to the
378	provisions of s. 287.05857 shall include the following:
379	(a)  Clear and specific terms and conditions, including a
380	detailed scope of work and descriptions of related deliverables,
381	activities, or events that are quantifiable, measurable, and
382	verifiable.
383	(b)  Service-level agreements describing all performance
384	requirements and agency and contractor responsibilities.
385	(c)  Associated costs and savings, payment terms, including
386	incentive and penalty provisions, and criteria governing
387	payment.
388	(d)  An implementation schedule for transition to and
389	operation by the contractor of the contracted function or
390	responsibility.
391	(e)  Identification of all performance measures and levels,
392	including, but not limited to, detailed measurable acceptance
393	criteria for each deliverable and service to be provided and the
394	penalties that shall be assessed for contractor nonperformance.
395	(f)  Organizational change management plan.
396	(g)  Requirements that the contractor maintain adequate
397	accounting records and authorize access to and audit of all
398	records related to the contract for state audit purposes.
399	(h)  Description of required reports.
400	(i)  Requirements for contractor compliance with public
401	records law.
402	Section 8.  Section 287.05857, Florida Statutes, is created
403	to read:
404	287.05857  Procurement of contractual services.--
405	(1)  A procurement of contractual services which:
406	(a)  Is valued in excess of $10 million;
407	(b)  Creates a contractual relationship between an agency
408	and another entity for the provision in whole or in part of a
409	public function or responsibility whereby the agency is
410	accountable for the provision of the function or responsibility
411	and the entity performs the function or responsibility; and
412	(c)  Transfers or shifts work currently performed by state
413	employees to another entity, resulting in those state employees
414	no longer performing the work; involves work which had
415	previously been performed by state employees but has been
416	transferred or shifted to another entity; or involves a function
417	or responsibility that is not currently being performed by the
418	state through a contractor or by state employees,
419
420	shall comply with this section unless the agency first executed
421	a contract prior to July 1, 1994, to procure contractual
422	services substantially similar in nature and purpose to those to
423	be procured in the proposed contract.
424	(2)  For the purposes of this section:
425	(a)  "Cost" means the reasonable, relevant, and verifiable
426	cost. The appropriate elements shall depend on the nature of the
427	function or responsibility to be contracted out and the proposed
428	contractual arrangement.
429	(b)  "Savings" means the difference between the recurring
430	operating appropriations or actual expenditures, whichever is
431	less, in the full fiscal year immediately prior to the signing
432	of the contract compared to the cost for the contracted
433	functions or responsibilities in any succeeding state fiscal
434	year during the term of the contract.
435	(3)  No agency may procure contractual services to contract
436	out a function or repsonsibility subject to this section without
437	having or seeking authority except as authorized by general law,
438	or in an appropriations act, and the agency shall:
439	(a)  Develop a business case which shall include, but not
440	be limited to, the following information:
441	1.  A detailed description of the function or
442	responsibility to be contracted out, a description and analysis
443	of the agency's current performance, a rationale for the
444	proposed contracting, and a citation of the existing or proposed
445	legal authority for the proposed contracting.
446	2.  A cost-benefit analysis describing the estimated
447	specific costs, savings, performance improvements, risks, and
448	benefits. Both quantitative and qualitative aspects shall be
449	addressed. Quantitative aspects which are not readily measured
450	shall be estimated. All elements of cost shall be clearly
451	identified in the cost-benefit analysis and described in the
452	business case. The agency shall certify that all costs, savings,
453	and benefits are valid and achievable
454	3.  A statement of the potential impact on state revenues
455	and expenditures.
456	4.  A plan regarding compliance with public records law.
457	5.  An agency transition plan.
458	6.  A plan for contract management, including the process
459	for  monitoring contractor performance, and specific contingency
460	plans for continuing operation of the function or responsibility
461	if the contractor fails to perform.
462	7.  A listing of assets proposed for transfer to or use by
463	a contractor and the rationale for such transfer or use.
464	8.  A plan for ensuring compliance with the Americans with
465	Disabilities Act.
466
467	If the contractual services would impact other state information
468	technology systems, the agency shall submit the feasibility
469	study documentation as required by the legislative budget
470	request instructions established pursuant to s. 216.023.
471	(b)  Furnish the following reports and information to the
472	President of the Senate and the Speaker of the House of
473	Representatives for procurements of contractual services subject
474	to this section:
475	1.  The business case, at least 60 days prior to the first
476	day of the regular legislative session, when an agency seeks
477	authority by law to procure such contractual services.
478	2.  The business case, at least 30 days prior to the
479	issuance of a solicitation to contract for that function or
480	responsibility, when an agency has authority provided by law or
481	is required by legislative action to procure such contractual
482	services and no business case was furnished under paragraph (a).
483	3.  The solicitation documents, a current and updated
484	business case, and a detailed listing of the changes to the
485	updated business case at the time the solicitation is posted or
486	advertised.
487	4.  An executed contract, a current and updated business
488	case, and a detailed listing of the changes to the updated
489	business case, no later than 15 days after execution of the
490	contract.
491	5.  A notice of a proposed renewal of a contract, at least
492	15 days prior to the execution of the contract for renewal,
493	including a copy of the proposed renewal contract and an updated
494	business case.
495	(4)  The intent of this section is to provide legislative
496	policy and budgetary oversight over the executive branch.
497	Accordingly, an action or omission of any agency pursuant to
498	this section shall not constitute grounds for a protest under s.
499	120.57(3) and shall not create a civil cause of action.
500	Section 9.  Subsection (4) of section 945.025, Florida
501	Statutes, is amended to read:
502	945.025  Jurisdiction of department.--
503	(4)(a)  Nothing contained in chapter 287 shall be construed
504	as requiring competitive bids for health services involving
505	examination, diagnosis, or treatment.
506	(b)  Notwithstanding the provisions of s. 287.017, a
507	contract in which the department, in exchange for revenue,
508	authorizes a vendor to use governmental authority or property
509	for the purpose of selling goods or services to a person shall
510	be considered a procurement of a contractual service in excess
511	of the threshold amount for CATEGORY FIVE and shall be awarded
512	by competitive solicitation in accordance with the provisions of
513	part I of chapter 287.
514	Section 10.  Section 215.3215, Florida Statutes, is created
515	to read:
516	215.3215  Charges by agencies or contractors.--Specific
517	statutory authority shall be required for an agency, as defined
518	in s. 287.012(1), or a contractor with such agency, to levy or
519	impose upon a person who is not a party to the contract a fee,
520	tax, or other charge which funds the contract or provides
521	payment to the contractor, regardless of whether the levy or
522	imposition is direct or indirect or is mandatory or optional.
523	Section 11.  Section 287.1345, Florida Statutes, is
524	repealed.
525	Section 12.  This act shall take effect October 1, 2004.
526
527
528	================= T I T L E  A M E N D M E N T =================
529	Remove the entire title and insert:
530	A bill to be entitled
531	An act relating to governmental procurement; amending s.
532	287.012, F.S.; revising definitions; amending s. 287.042,
533	F.S.; revising the powers and duties of the Department of
534	Management Services relating to the purchase of
535	commodities and contractual services for the state;
536	authorizing the department to approve purchases from
537	contracts let by political subdivisions in any state;
538	amending s. 287.045, F.S.; deleting a requirement that
539	agencies report on expenditures and use of recycled
540	materials; amending s. 287.056, F.S.; authorizing the
541	department to adopt rules that exempt agencies from
542	purchasing agreements and state term contracts; deleting
543	authority for agencies to choose not to use state term
544	contracts that contain a surcharge, to conform; creating
545	s. 287.0565, F.S.; requiring the department to adopt rules
546	regarding small purchases; amending s. 287.057, F.S.;
547	revising request for proposal and invitation to negotiate
548	requirements; requiring single source purchases to be
549	posted in a form prescribed by the department; revising
550	exceptions to competitive solicitation requirements;
551	providing that services or commodities provided by certain
552	agencies are not subject to competitive solicitation
553	requirements; requiring certified negotiators for
554	specified procurements; deleting a requirement that an
555	agency report when it receives fewer than two bids,
556	proposals, or replies; requiring the department to adopt
557	rules for certification of negotiators; providing that
558	certain activities will render a person ineligible for
559	subcontracts; deleting a requirement that vendors be
560	prequalified to use the online procurement system;
561	deleting a requirement that the department adopt rules
562	establishing online procurement criteria for eligible
563	commodities and contractual services; revising fees that
564	may be charged for the online procurement system; revising
565	collection and deposit methods for online procurement
566	fees; amending s. 287.058, F.S.; specifying requirements
567	for contract documents for procurements for contractual
568	services; creating s. 287.05857, F.S.; requiring the
569	department to prescribe methods for the procurement of
570	certain commodities and contractual services; providing
571	for procurements of certain contractual services;
572	prohibiting agencies from procuring contractual services
573	except as provided by law; requiring agencies to develop a
574	business case for certain purposes; providing
575	requirements; providing definitions; requiring reports and
576	information to be provided to the Legislature for certain
577	procurements of contractual services; specifying that
578	agency actions are not grounds for an administrative
579	protest; amending s. 945.025, F.S.; requiring specified
580	contracts executed by the Department of Corrections to be
581	competitively solicited; creating s. 215.3215, F.S.;
582	authorizing agencies or contractors to require, levy, or
583	impose certain fees, taxes, or charges; repealing s.
584	287.1345, F.S., relating to surcharges on users of state
585	term contracts; providing an effective date.

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