Florida Senate - 2009 SB 542
By Senator Fasano
11-00559A-09 2009542__
1 A bill to be entitled
2 An act relating to efficiency in procurement and
3 contracting; creating s. 287.0575, F.S.; establishing
4 the Advisory Committee on State Procurement for the
5 purpose of evaluating the state procurement process
6 and carrying out the legislative policy created under
7 the act; providing policy of the Legislature with
8 respect to the procurement of goods, services, and
9 facilities by the state; providing for membership and
10 organization of the committee; providing duties of the
11 committee; providing powers of the committee;
12 requiring state agency cooperation with the committee;
13 requiring reports of the committee; providing for
14 termination of the committee; providing an
15 appropriation; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 287.0575, Florida Statutes, is created
20 to read:
21 287.0575 Advisory Committee on State Procurement; policy;
22 duties; termination of advisory committee.—
23 (1) ADVISORY COMMITTEE ON STATE PROCUREMENT;
24 ESTABLISHMENT.—The Advisory Committee on State Procurement is
25 established for the purpose of evaluating the entire state
26 procurement process of the executive branch of government,
27 including the Department of Financial Services and the
28 Department of Agriculture and Consumer Services. This evaluation
29 shall include the organization, staffing, leadership, planning,
30 and controls involved in the procurement and contracting
31 process, for the purpose of carrying out the policy set forth in
32 subsection (2).
33 (2) LEGISLATIVE POLICY.—It is the policy of the Legislature
34 to promote economy, efficiency, and effectiveness in the
35 procurement of goods, services, and facilities by and for the
36 executive branch of state government through the following
37 means:
38 (a) The establishment of policies, procedures, and
39 practices that require the state to procure goods, services, and
40 facilities of requisite quality, in a timely manner, and at the
41 lowest reasonable cost, using competitive bidding to the maximum
42 extent possible.
43 (b) Improvement of the quality, efficiency, economy, and
44 performance of organizations and personnel involved in the
45 procurement of goods, services, and facilities by the state.
46 (c) Elimination of unnecessary overlapping or duplication
47 of procurement activities and related activities such as
48 contract administration.
49 (d) Elimination of unnecessary or redundant requirements
50 placed on contractors or on officials in charge of the
51 procurement of goods, services, and facilities by the state.
52 (e) Identification of gaps, omissions, or inconsistencies
53 in state laws, rules, and directives relating to the procurement
54 of goods, services, and facilities by the state which should be
55 brought to the attention of the Legislature.
56 (f) Attainment of greater uniformity in and simplification
57 of procurement procedures, whenever appropriate.
58 (g) Coordination of the procurement policies and programs
59 of the various departments and agencies of the state, whenever
60 possible.
61 (h) The conforming of procurement policies and programs to
62 other successful established state policies and programs,
63 whenever appropriate.
64 (i) Minimization of possible disruptive effects of state
65 procurement on particular industries, areas, or occupations.
66 (j) Improvement of training with respect to, and the
67 understanding of, the laws and policies of the state relating to
68 the procurement of goods, services, and facilities by the state,
69 not only within state government but on the part of
70 organizations and individuals doing business with the state.
71 (k) Promotion of fair dealing and equitable relationships
72 among the parties in state contracting.
73 (l) Promotion of economy, efficiency, and effectiveness in
74 state procurement organizations, operations, and uniform
75 reporting by any means the committee deems beneficial and
76 appropriate.
77 (m) Giving special consideration to procurement laws,
78 policies, procedures, practices, organization, staffing,
79 leadership, and controls of the procurement processes of the
80 Federal Government and other states.
81 (n) Promotion of economy, efficiency, and effectiveness in
82 procurement, contract management, and project management
83 operations.
84 Nothing in this subsection shall be construed as limiting the
85 committee's means of facilitating the legislative policy
86 expressed herein, the inquiries of the committee, or the
87 committee's authority to investigate additional areas the
88 committee deems significant, relevant, or important.
89 (3) MEMBERSHIP; ORGANIZATION.—
90 (a) The committee shall be composed of 11 members. Three
91 members shall be appointed by the Governor, three members shall
92 be appointed by the President of the Senate, three members shall
93 be appointed by the Speaker of the House of Representatives, one
94 member shall be appointed by the Chief Financial Officer, and
95 one member shall be appointed by the director of the Office of
96 Program Policy Analysis and Government Accountability. Of the
97 three appointments made by the Governor, two appointees shall be
98 from the executive branch of state government and one appointee
99 shall be from outside state government. Of the three
100 appointments made by the President of the Senate, two appointees
101 shall be Senators who are not of the same political party, and
102 one appointee shall be from outside state government. Of the
103 three appointments made by the Speaker of the House of
104 Representatives, two appointees shall be members of the House of
105 Representatives who are not of the same political party, and one
106 appointee shall be from outside state government. All committee
107 appointments shall be made within 60 days after the date on
108 which this act becomes law.
109 (b) The committee shall select a chair and a vice chair
110 from among its members.
111 (c) Six members of the committee shall constitute a quorum.
112 (d) Any vacancies in the committee shall be filled for the
113 unexpired term in the same manner as the original appointment.
114 (e) Members of the committee who are members of the
115 Legislature or who are officers or employees in the executive
116 branch of state government shall serve without compensation, but
117 are entitled to reimbursement for per diem and travel expenses
118 in accordance with s. 112.061.
119 (4) DUTIES OF ADVISORY COMMITTEE.—The advisory committee
120 shall:
121 (a) Appoint an executive director; and
122 (b) Study and investigate:
123 1. The current laws of the state which govern the
124 procurement of goods, services, and facilities by the state;
125 2. The procurement policies, rules, procedures, and
126 practices followed by the departments, bureaus, agencies,
127 boards, commissions, offices, and instrumentalities of the
128 executive branch of state government; and
129 3. The organizations and management processes involved in a
130 state procurement of goods, services, and facilities prior to
131 the award of a state procurement contract, during the
132 solicitation of bids, evaluation, and negotiation of a contract,
133 and subsequent to the award of the contract to determine the
134 extent to which these organizations and management processes
135 facilitate the policy set forth in subsection (2).
136 (5) POWERS OF ADVISORY COMMITTEE.—
137 (a) The advisory committee, or any subcommittee or
138 individual member thereof, may hold hearings and take testimony.
139 Any member of the committee may administer oaths or affirmations
140 to witnesses.
141 (b) The committee may acquire information directly from the
142 head of any state department or agency for the purpose of its
143 studies and investigations. All departments and agencies shall
144 cooperate with the committee and furnish all information
145 requested by the committee to the extent permitted by law.
146 Requests for information shall be made in the name of the chair
147 or vice chair of the committee.
148 (c) The committee may appoint and fix the compensation of
149 committee personnel.
150 (d) The committee may procure the services of experts and
151 consultants.
152 (e) The committee may enter into contracts with private
153 organizations and nonprofit institutions to carry out studies
154 and prepare reports to facilitate the committee's work.
155 (6) AGENCY COOPERATION.—All departments or agencies of the
156 state are required to provide services to the committee upon
157 request, on a reimbursable basis or otherwise, pursuant to
158 agreements between the contributing agency and the chair or vice
159 chair of the committee.
160 (7) REPORTS.—
161 (a) The advisory committee may make such interim reports as
162 it deems advisable.
163 (b) By December 31, 2009, the advisory committee shall
164 submit to the Governor, the President of the Senate, the Speaker
165 of the House of Representatives, the Chief Financial Officer,
166 and the director of the Office of Program Policy Analysis and
167 Government Accountability the final report of its findings and
168 recommendations for changes in statutes, rules, policies,
169 procedures, and organization necessary to carry out the policy
170 set forth in subsection (2).
171 (8) TERMINATION OF ADVISORY COMMITTEE.—The Advisory
172 Committee on State Procurement shall cease to exist 120 days
173 after the submission of its final report. The committee and its
174 staff shall use the 120-day period between the submission of the
175 final report and the termination of the committee to draft or
176 assist in final preparation of legislative or administrative
177 proposals that will carry out the recommendations of the
178 committee contained in its final report.
179 Section 2. For the 2009-2010 fiscal year, the sum of $5
180 million is appropriated from the General Revenue Fund to the
181 Advisory Committee on State Procurement for the purposes of
182 carrying out the provisions of this act.
183 Section 3. This act shall take effect upon becoming a law.