This is a substantial rewording of the rules to remove unused, duplicative, or otherwise unnecessary wording, modify wording to reflect preferred practices, make technical amendments, and provide further clarification and flexibility. These changes ...

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Purchasing

RULE NOS.:RULE TITLES:

60A-1.015Insurance

60A-1.016Contract and Purchase Order Requirements

60A-1.017Acquisition of Commodities through Construction Contracts or Contracts Which Include Services

60A-1.021Electronic Posting of Decisions and Intended Decisions

PURPOSE AND EFFECT: This is a substantial rewording of the rules to remove unused, duplicative, or otherwise unnecessary wording, modify wording to reflect preferred practices, make technical amendments, and provide further clarification and flexibility. These changes improve the state’s ability to provide fair and transparent procurement processes and clarify requirements for state agencies during various stages and types of procurement. Changes also create or modify relevant forms to reflect current practices and statutory requirements.

SUMMARY: These proposed rules are a rewrite primarily to clarify expectations and requirements for state agencies, remove duplicative or unnecessary language, and incorporate revised forms, that simplify requirements, for agencies to use.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 287.012, 287.032, 287.042, FS.

LAW IMPLEMENTED: 287.001, 287.012, 287.022, 287.042, 287.057, 287.058, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Thursday, November 3, 2016, 9:00 a.m.

PLACE: 4050 Esplanade Way, Room 101, Tallahassee, Florida 32399-0950

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Daniel May, Department of Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida 32399-0950, Phone: [phone], Email: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Daniel May, Department of Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida 32399-0950, Phone: [phone], Email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 1.015, F.A.C. follows. See Florida Administrative Code for present text.

 

60A-1.015 Insurance.

(1) Agencies shall request the Department to procure insurance by submitting Form PUR XXXX (xx/16), “Agency Request for Procurement of Insurance,” effective September 2016, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-    or http://dms.myflorida.com/purchasing. Upon request, the Department will procure insurance for agencies when coverage is not available under the State Risk Management Trust Fund and is not excepted by law, and when any part of the premium is paid by the State. Agencies must obtain approval from the Department through the online procurement system prior to issuing payment for notary seals and bonds.

(2) No agency shall contact the agent of record representing the insurance carrier with the exception of reporting a claim.

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.022, 287.042(6)(b) FS. History–New 8-6-81, Amended 11-4-82, Formerly 13A-1.15, Amended 11-3-88, 1-18-90, 4-10-91, 9-1-92, Formerly 13A-1.015, Amended 8-24-93, 1-9-95, 7-6-98, 1-2-00, 6-21-04, 11-7-04, _____.

 

Substantial rewording of Rule 1.016, F.A.C. follows. See Florida Administrative Code for present text.

 

60A-1.016 Contractual Services Notice of Noncompliance.

An Agency that fails to have a signed contract by an agency head or designee and the contractor before rendering contractual services in excess of CATEGORY TWO shall submit to the Department a completed Form PUR 1010, “Notice of Non-Compliance,” effective September 2016, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06940 or http://dms.myflorida.com/purchasing.

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.058(2) FS. History–New 8-6-81, Amended 11-4-82, 2-13-83, 5-26-83, 10-13-83, 5-10-84, 11-12-84, 12-17-85, Formerly 13A-1.16, Amended 6-5-86, 2-9-87, 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.016, Amended 4-24-94, 1-9-95, 1-1-96, 3-24-96, 7-6-98, 1-2-00, 7-11-04, 10-15-06,_______.

 

60A-1.017 Acquisition of Commodities through  Service Contracts or Contracts Which Include Services.

Construction Contracts which include services that provide for a Vendor to purchase commodities for subsequent transfer to the State, may be entered into by an agency only under the following circumstances:

(1) When The agency has determined that there is a demonstrated need to acquire the commodity through the Vendor vendor, as opposed to direct acquisition by the agency;

(2) The agency has provided a means to identify the commodity, including line-item costs, acquired by the Vendor vendor for subsequent transfer to and control by the agency; and

(3) The agency has, where necessary, specified the quality of the commodity to be acquired and made provisions for warranty, service, and transfer of ownership.

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(3),(6)(4) FS. History–New 11-3-88, Formerly 13A-1.017, Amended ______.

 

Substantial rewording of Rule 1.021, F.A.C. follows. See Florida Administrative Code for present text.

 

60A-1.021 Electronic Posting of Solicitations, Decisions or and Intended Decisions.

(1) The Department has designated the Florida Vendor Bid System (VBS) at www.myflorida.com/apps/vbs as the State’s centralized procurement website for electronic posting of agency solicitations, decisions or intended decisions.

(2) All agency decisions or intended decisions shall be electronically posted on the VBS. All competitive solicitations issued by agencies shall be electronically posted on the VBS for at least 10 calendar days prior to the date for receipt of responses, unless the Department or other agency determines in writing that a shorter period of time is necessary to avoid harming the interests of the state.

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(32), (b) FS. History–New 8-22-04, Amended ___.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Daniel May, Governance Manager

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell, Secretary, Department of Management Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 13, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 13, 2016