The purpose of this rule amendment is to provide community college boards of trustees with the flexibility to increase competitive solicitation thresholds for the purchase of goods and services other than professional services as defined in Florida ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-14.0734: Procurement Requirements
PURPOSE AND EFFECT: The purpose of this rule amendment is to provide community college boards of trustees with the flexibility to increase competitive solicitation thresholds for the purchase of goods and services other than professional services as defined in Florida Statute 287.055, if they desire. It also allows them to exempt the requirement to solicit competitive offers for the purchase of services and commodities from buying cooperatives, if the contract was competitively bid.
SUMMARY: Current rule requires community colleges to solicit competitive offers from at least three (3) sources when purchasing commodities exceed the Category Two level of $25,000. The Category Two level has not been changed since 1999. This rule amendment will allow community colleges boards to consider amending their local Board Rules to only require the solicitation of competitive offers from three sources, if the amount of the commodity or service purchase exceeds the Category Three level of $50,000. In addition, current rule also only allows community colleges to exempt the requirement to solicit competitive offers from units or government established by law or from non-profit buying cooperative contracts that were competitively bid. This rule amendment will allow purchases to be made by allowing community colleges to buy from cooperative competitively bid contracts.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 287.017 FS.
LAW IMPLEMENTED: 287.017 FS.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Maybelle Montford, Division of Community Colleges, Department of Education, 325 West Gaines Street, Tallahassee, Florida, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-14.0734 Procurement Requirements.

(1) Colleges shall, as the circumstances require, publicly solicit the submittal of competitive offers from at least three (3) sources, when purchasing services or commodities exceeding the amount as specified in Section 287.017, Florida Statutes, for Category Three Two. Solicitations of competitive offers are defined as:

(a) “Competitive sealed bids”, “competitive sealed proposals” or “competitive sealed replies”, means the process of receiving competitive offers transmitted by secured electronic means or written bids, proposals, or replies.

(b) “Competitive solicitations” or “solicitations” means an invitation to bid, a request for proposal, request for quote, or an invitation to negotiate.

Boards of trustees may adopt smaller amounts beyond which to require the solicitation of competitive offers. The college president or designee reserves the right to reject any or all offers submitted in response to the college's solicitation, and/or solicit new offers as deemed in the college’s best interest. When accepting responsive offers to the college’s solicitations, colleges shall accept the lowest or best responsive offer. If other than the lowest or best offer meeting specifications is accepted, the college shall maintain a public record of the justification. Recommendation for awards not exceeding the Category Five threshold as specified in Section 287.017, Florida Statutes, may be approved or rejected by the president or a designee if such authority is delegated in policy adopted by the board of trustees. Recommendation for awards exceeding the Category Five threshold as specified in Section 287.017, Florida Statutes, shall be approved or rejected by the board of trustees.

(2) Exceptions to the requirement to solicit competitive offers are:

(a) Educational tests, textbooks, instructional materials and equipment, films, filmstrips, video tapes, disc or tape recordings or similar audio-visual materials, graphic and computer based instructional software.

(b) Library books, reference books, periodicals, and other library materials and supplies.

(c) Purchases at the unit or contract prices established through competitive solicitations by any unit of government established by law or non-profit buying cooperatives.

(d) through (4) No change.

Specific Authority 946.519, 1001.02(1), (9), 1001.65 FS. Law Implemented 1001.02(9), 1010.01, 1010.02 FS. History–Formerly 6A-8.121, Repromulgated 12-19-74, Amended 12-26-77, 6-12-83, 6-27-85, Formerly 6A-14.734, Amended 9-30-86, 11-12-91, 12-18-94, 6-18-96, 2-10-99, 7-20-04,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Maybelle Montford, Division of Community Colleges
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Dr. Judith Bilsky, Division of Community Colleges
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 2, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 9, 2007