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.