This is a substantial rewording for Rules 60A-1.042, F.A.C. - Request for Information, 60A-1.043, F.A.C.-Request for Quotes, and 60A-1.048, Renewal and Extension that removes duplicative language in statute and provides further clarity and ...  

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    DEPARTMENT OF MANAGEMENT SERVICES

    Division of Purchasing

    RULE NOS.:RULE TITLES:

    60A-1.042Request for Information

    60A-1.043Request for Quotes

    60A-1.045Single Source Purchases of Commodities or Contractual Services

    60A-1.046Emergency Purchases of Commodities or Contractual Services

    60A-1.048Renewal and Extension

    PURPOSE AND EFFECT: This is a substantial rewording for Rules 60A-1.042, F.A.C. - Request for Information, 60A-1.043, F.A.C.-Request for Quotes, and 60A-1.048, F.A.C., Renewal and Extension that removes duplicative language in statute and provides further clarity and flexibility. Revisions to 60A-1.045, F.A.C. and 60A-1.046, F.A.C. are substantial in order to address the changes made by Section 5, 2013-154, Laws of Florida.

    SUMMARY: These rules are amended to:

    60A-1.042, 60A-1.043, and 60A-1.048, F.A.C: remove unused, duplicative or otherwise unnecessary wording, modify criteria to reflect preferred practices, make technical amendments, remove antiquated practices, and provide further flexibility and clarification.

    60A-1.045, F.A.C: remove any requirement for approval by the Department of Management Services of single source purchases by agencies, and the revisions simplify the rule so that it is primarily an incorporation of forms by reference. The changes also remove unused, duplicative or otherwise unnecessary wording, modify criteria to reflect preferred practices, make technical amendments, remove antiquated practices, and provide further flexibility and clarification.

    60A-1.046, F.A.C: remove any requirement for an agency head to certify under oath the need for an emergency purchase and incorporate form PUR 7800. The changes also remove unused, duplicative or otherwise unnecessary wording, modify criteria to reflect preferred practices, make technical amendments, remove antiquated practices, and provide further flexibility and clarification.

    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.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The economic review conducted 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: 287.032(2), 287.042(12) FS.

    LAW IMPLEMENTED: 287.012(22), 287.017, 287.042(3)(g), 287.042(9), 287.056(2), 287.057(3), 287.057(12), 287.057(13), 287.057(14), 287.057(17) 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: January 22, 2016, 1:00 p.m.

    PLACE: 4050 Esplanade Way, Room 380K, 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: Leigh Anne Frechette, Department of Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida 32399-0950, Phone: (850)414-5790, Email: leighanne.payne@dms.myflorida.com. 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: Leigh Anne Frechette, Department of Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida 32399-0950, Phone: (850)414-5790, Email: leighanne.payne@dms.myflorida.com. 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 FULL TEXT OF THE PROPOSED RULE IS:

     

    Substantial rewording of Rule 1.042, F.A.C. follows.  See Florida Administrative Code for present text.

    60A-1.042 Request for Information.

    (1) Agencies are authorized to use a Request For Information (RFI)  for research to determine any or all of the following: whether to competitively procure particular commodities or contractual services; which solicitation process to use for a particular need; or general, special, or technical specifications to be included in a solicitation.

    (2) An RFI is not a solicitation.  An agency issuing an RFI is not required to utilize any information gathered from the RFI, nor is a vendor who responds to an RFI excluded from participating in any resulting solicitation.

    (3) Agencies must use MFMP Sourcing or the Vendor Bid System for issuing an RFI.  A vendor must be registered in MyFloridaMarketPlace (MFMP) in order to respond to an RFI conducted using MFMP Sourcing. See Rule 60A-1.030 for MFMP vendor registration.

    Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.012(22)(21), 287.042(3)(g), 287.057(17) FS. History–New 7-11-04, Amended .

     

    Substantial rewording of Rule 1.043, F.A.C. follows.  See Florida Administrative Code for present text.

    60A-1.043 Requests for Quotes.

    (1) Agencies shall request at least two (2) quotes from state term contracts with multiple vendors, unless (i) the purchase is less than Category One, or (ii) the state term contract requires otherwise. Agencies shall document the justification for a selection based on receipt of less than two quotes.

    (2) Agencies shall document Requests for Quotes with, at a minimum, the name of each responding vendor, the price, and the commodities or contractual services to be provided.

    (3) Agencies shall base any purchase from Requests for Quotes on a determination of best value.

    Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(3)(g), 287.056(2) FS. History–New 6-21-04, Amended.

     

    Substantial rewording of Rule 60A-1.045 follows.  See Florida Administrative Code for present text.

    60A-1.045 Single Source Purchases

    (1) Agencies intending to purchase commodities or contractual services in excess of CATEGORY TWO from a single source shall electronically post Form PUR 7776 “Description of Intended Single Source Purchase,” effective January 2016, which is incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-_____  or on the Department’s website at http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms.  Form PUR 7776 requests that prospective vendors provide information regarding their ability to supply the commodities or contractual services described.

    (2) Agencies shall provide notice of  their determination that the commodities or contractual services are  available only from a single source  by electronically posting Form  PUR 7778 “Notice of Intended Decision to Enter Into a Single Source Contract,” effective January 2016, which is incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-_____ or on the Department’s website at http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms.

    Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.017, 287.057(3)&(13), FS. History–New 2-6-68, Revised 5-20-71, Amended 8-6-81, 2-28-85, 12-17-85, Formerly 13A-1.10, Amended 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.010, Amended 1-9-95, 1-1-96, 9-23-96, 7-6-98, 1-2-00, 7-26-04,    .

     

    Substantial rewording of Rule 1.046 follows.  See Florida Administrative Code for present text.

    60A-1.046 Emergency Purchases

    (1) For emergency purchases of commodities or contractual services, agencies must complete and furnish to the Department, Form PUR 7800 “Notice of Emergency Purchase,” effective January 2016, which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-_____  or on the Department’s website at http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms.

    (2) Emergency purchases need not be posted electronically or by any other means.

    Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(9), 287.001, 287.057(3)(5)(a) FS. History–New 2-6-68, Revised 5-20-71, Amended 7-31-75, 10-1-78, 8-6-81, 11-12-84, 12-17-85, Formerly 13A-1.09, Amended 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.009, Amended 1-9-95, 7-6-98, 1-2-00, 7-26-04, Formerly 60A-1.009, Amended   .

     

    Substantial rewording of Rule 1.048, F.A.C. follows.  See Florida Administrative Code for present text.

    60A-1.048 Renewals and Extensions.

    (1) Contracts for commodities or contractual services may be renewed for a period that may not exceed 3 years or the term of the original contract, whichever is longer, in varying increments (e.g., a two-year renewal followed by a four-month renewal) or for a single term (e.g., a two-year renewal). The agency shall document that the renewal is in the best interest of the State and keep such justification in the contract file.

    (2) Contracts for commodities or contractual services may be renewed and extended in any sequence or combination.

    Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.057(1312), (1413) FS. History–New 6-21-04,    .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Leigh Anne Frechette, Bureau Chief of Operations

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/16/2015

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/19/2015

Document Information

Comments Open:
12/28/2015
Summary:
These rules are amended to: 60A-1.042, 60A-1.043, and 60A-1.048, F.A.C: remove unused, duplicative or otherwise unnecessary wording, modify criteria to reflect preferred practices, make technical amendments, remove antiquated practices, and provide further flexibility and clarification. 60A-1.045, F.A.C: remove any requirement for approval by the Department of Management Services of single source purchases by agencies, and the revisions simplify the rule so that it is primarily an ...
Purpose:
This is a substantial rewording for Rules 60A-1.042, F.A.C. - Request for Information, 60A-1.043, F.A.C.-Request for Quotes, and 60A-1.048, Renewal and Extension that removes duplicative language in statute and provides further clarity and flexibility. Revisions to 60A-1.045 and 60A-1.046 are substantial in order to address the changes made by Section 5, 2013-154, Laws of Florida.
Rulemaking Authority:
287.032(2), 287.042(12) FS.
Law:
287.012(22), 287.017, 287.042(3)(g), 287.042(9), 287.056(2), 287.057(3), 287.057(12), 287.057(13), 287.057(14), 287.057(17) FS.
Contact:
Leigh Anne Frechette, Department of Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida 32399-0950, Phone: 850-414-5790, Email: leighanne.payne@dms.myflorida.com.. 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).
Related Rules: (5)
60A-1.042. Request for Information
60A-1.043. Request for Quotes
60A-1.045. Single Source Purchases of Commodities or Contractual Services
60A-1.046. Emergency Purchases of Commodities or Contractual Services
60A-1.048. Renewal and Extension