1. 60A-1, Fla. Admin. Code and Chapter 287, Florida Statutes Recurring Issues

2. About This Presentation: ► Not intended to be exhaustive coverage of all recent purchasing matters, rather, only a summary of those statutes and rules that relate to recurring purchasing issues. ► Current text of the Florida Statutes can always be reviewed at http://www.flsenate.gov/Welcome/index.cfm (use menu on upper left to view or search Statutes & Constitutions). ► Current text of the code can always be reviewed at http://fac.dos.state.fl.us (scroll down to Chapter 60 and click. A large.pdf file will open). http://fac.dos.state.fl.us

3. Chapter 287 and 60A-1 Recurring Issues ► A. Introduction ► B. Recurring Issues  1. Legislative Intent – 287.001  2. Definitions of “Agency” and “Eligible user” – 287.012(1) and (12)  3. Suspended Vendor List – 287.042(1)(a)  4. Alternate Source Contracts – 287.042(16)(a)  5. Exceptions to Competitive Solicitation – 287.057(5)  6. Contract Provisions – 287.058

4. Section 287.001 Legislative Intent Guiding Principles --The Legislature recognizes that fair and open competition is a basic tenet of public procurement; that such competition reduces the appearance and opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically; and that documentation of the acts taken and effective monitoring mechanisms are important means of curbing any improprieties and establishing public confidence in the process by which commodities and contractual services are procured. It is essential to the effective and ethical procurement of commodities and contractual services that there be a system of uniform procedures to be utilized by state agencies in managing and procuring commodities and contractual services; that detailed justification of agency decisions in the procurement of commodities and contractual services be maintained; and that adherence by the agency and the vendor to specific ethical considerations be required.

5. Section 287.012(1) and (12) Definitions of “Agency” and “Eligible user” (1) "Agency" means any of the various state officers, departments, boards, commissions, divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government. "Agency" does not include the university and college boards of trustees or the state universities and colleges. (1) "Agency" means any of the various state officers, departments, boards, commissions, divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government. "Agency" does not include the university and college boards of trustees or the state universities and colleges. (12) "Eligible user" means any person or entity authorized by the department pursuant to rule to purchase from state term contracts or to use the on-line procurement system. Rule 60A-1.005, Florida Administrative Code further provides: 60A-1.005. Eligible Users. The following entities are eligible users: (1) All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; Section 163.3164, F.SSection 163.3164, F.S (2) Any independent, nonprofit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools.

6. Section 287.042(1)(a) and (b) Suspended Vendor List ► (1)(a) To canvass all sources of supply, establish and maintain a vendor list, and contract for the purchase, lease, or acquisition, including purchase by installment sales or lease- purchase contracts which may provide for the payment of interest on unpaid portions of the purchase price, of all commodities and contractual services required by any agency under this chapter. [ ] ► (b) The department may remove from its vendor list any source of supply which fails to fulfill any of its duties specified in a contract with the state. It may reinstate any such source of supply when it is satisfied that further instances of default will not occur.  Rule 60A-1.006 provides greater detail regarding procedures agency shall follow when a vendor is in default of any contract with the agency.  http://dms.myflorida.com/dms/purchasing/convicted_suspen ded_discriminatory_complaints_vendor_lists/suspended_vend or_list

7. Section 287.042(16) Alternate Source Contracts (16)(a) [The Department shall] evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, when it is determined in writing to be cost-effective and in the best interest of the state, to enter into a written agreement authorizing an agency to make purchases under a contract approved by the department and let by the Federal Government, another state, or a political subdivision. Rule 60A-1.047, Florida Administrative Code - Agency must submit to the Department for approval - Must be a term contract for commodities or services - Department must determine if “cost effective and in the best interests of the state” - Department may identify alternate source contracts for use by agencies - Recommended “cooperative purchasing” language

8. Section 287.057(5), Florida Statutes Exceptions to Competitive Solicitation (5) When the purchase price of commodities or contractual services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, no purchase of commodities or contractual services may be made without receiving competitive sealed bids, competitive sealed proposals, or competitive sealed replies unless: 287.017 - agency head determines in writing immediate danger exists – emergency purchase - see rule 60A-1.046, Florida Administrative Code - state term contract purchase - see rule 60A-1.044, Florida Administrative Code - single source - see rule 60A-1.045, Florida Administrative Code - falls under one of services and / or commodities listed in section 287.057(5)(f) that are not subject to competitive solicitation

9. Section 287.058, Florida Statutes Contract Provisions (1) Every procurement of contractual services in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO, except for the providing of health and mental health services or drugs in the examination, diagnosis, or treatment of sick or injured state employees or the providing of other benefits as required by the provisions of chapter 440, shall be evidenced by a written agreement embodying all provisions and conditions of the procurement of such services, which provisions and conditions shall, where applicable, include, but shall not be limited to: 287.017 - require a detailed invoice - reimbursement for travel expenses are limited by 112.061 - contract may be cancelled by agency if contractor fails to permit access to public records, unless exempt - dividing the contract into units of specified deliverables - final date and criteria for completion of contract - renewal provision - and other requirements Purchasing Forms PUR 1000 and 1001

10. Forms and Other Reference Materials http://dms.myflorida.com/dms/purchasing http://dms.myflorida.com/dms/purchasing/purchasing_forms_and_docum ents/purchasing_forms http://dms.myflorida.com/dms/purchasing/purchasing_forms_and_docum ents/purchasing_forms - This is merely a brief summary of portions of chapter 287 and 60A-1, and is not, in any way, to be used in substitute for reviewing these statutes or rules. - Specific Questions should be first directed to either your Purchasing Director or General Counsel’s Office - Anthony Garcia, Division of State Purchasing - garciaa@dms.state.fl.us garciaa@dms.state.fl.us - (850) 488-3049