Contract and Purchase Order Requirements, Acquisition of Commodities through Construction Contracts or Contracts Which Include Services  

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    DEPARTMENT OF MANAGEMENT SERVICES

    Division of Purchasing

    RULE NOS.:RULE TITLES:

    60A-1.016Contract and Purchase Order Requirements

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

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 200, October 13, 2016 issue of the Florida Administrative Register.

    History notes for 60A-1.016 Contract and Purchase Order Requirements., have been coded as follows:

    Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.017, 287.042, 287.057, 287.058(2), 287.133, 668.004 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,                                           .

    Rule title, text and history notes for 60A-1.017 Acquisition of Commodities through Construction Contracts or Contracts Which Include Services., have been recoded, without changing the substance of the proposed rule changes, as follows:

     

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

    Construction contracts or Ccontracts which include services that provide for a Vvendor to purchase commodities tangible personal property as defined in Section 273.02, F.S., for subsequent transfer to the State, may be entered into by an agency only under the following circumstances:

    (1) When Tthe agency has determined in writing that there is a an absolute and demonstrated need to acquire the commodity property through the Vvendor, as opposed to direct acquisition by the agency;

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

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

    Rulemaking Authority 287.032(2), 287.042(12)(13) FS. Law Implemented 287.042(3)(4), 287.042(6)(7) FS. History–New 11-3-88, Formerly 13A-1.017,                     .