Order Process, Customer Responsibilities in Order Process, Communications Service Provider Responsibilities in Order Process, The Department’s Responsibilities in Order Process, SUNCOM Charges to Customers, SUNCOM Provider Billing to Department, ...
DEPARTMENT OF MANAGEMENT SERVICES
Communications and Information Technology ServicesRULE NO: RULE TITLE
60FF-2.001: Order Process
60FF-2.002: Customer Responsibilities in Order Process
60FF-2.003: Communications Service Provider Responsibilities in Order Process
60FF-2.004: The Department’s Responsibilities in Order Process
60FF-2.005: SUNCOM Charges to Customers
60FF-2.006: SUNCOM Provider Billing to Department
60FF-2.007: SUNCOM Provider Billing Directly to Customers
60FF-2.008: Security Standards for Usage of State Communications Systems
60FF-2.009: Security and Reliability Provisions Required for SUNCOM Approved Use of Third Party Services, Software and Equipment
60FF-2.010: SUNCOM Response to System Failures and Security Breaches
60FF-2.011: SUNCOM Cost Recovery for System Failures and Security Breaches Caused by Third PartiesNOTICE 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. 33, No. 52, December 28, 2007 issue of the Florida Administrative Weekly.
These changes respond to comments by the Joint Administrative Procedures Committee and to suggestions filed through written comments and/or made during public hearings held January 28, February 7 and February 20, 2008.
60FF-2.001 Order Process.
The Communications Customer Service Authorization Process shall be as follows:
(1) through (6) No change.
Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_______.
60FF-2.002 Customer Responsibilities in Order Process.
The Customer’s responsibilities in the order process shall be as follows:
(1) Register to Become a Customer – Eligible Users which are not SUNCOM Customers or Required Users must submit a request, provide the associated information and agree to the terms and conditions as described in Rule 60FF-1.003, F.A.C.
(2) Appoint and Maintain Authorizing Officials – The Customer shall appoint Authorizing Official(s) on behalf of the Customer Eligible User and all of its subordinate entities (for which the Customer makes organizational and/or accounting distinctions). Multiple roles within the CSAB system(s) may be held by single or several individuals, as long as all of the roles available to Customers in the CSAB system(s), including the authority to appoint other Authorizing Officials, are performed by appointees of the Customer.
(a) No change.
(b) All Authorizing Officials are obliged to achieve and maintain understanding of their role(s) and associated authorities and functionality of the CSAB Ssystem(s) and SUNCOM processes to satisfy Customer requests and to invoice for services.
(3) through (8) No change.
Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_________.
60FF-2.003 Communications Service Provider Responsibilities in Order Process.
The Communications Service Provider’s and SUNCOM Service Provider’s responsibilities in the order process shall be as follows:
(1) Accept the CSAB System(s) as the Means for Processing Service Requests – In all instances where agreements between the Department and SUNCOM Providers do not specifically exclude the CSA process, SUNCOM Providers shall accept CSA data from the CSAB Systems(s) as the basis for processing requests from the Department and SUNCOM Customers, and shall recognize the CSA data as the State’s acknowledgement of its payment obligations.
(a) through (c) No change.
(d) SUNCOM Providers shall not accommodate or satisfy requests for SUNCOM Services from Eligible Users outside the CSA process unless an exception is explicitly granted by the Department or specified through an agreement between the Department and the Provider.
1. If a SUNCOM Provider has been granted an exception to allow selling SUNCOM Services outside of the CSA process, the SUNCOM Provider will supply substantiating detail of said sales using the same standards as outlined in paragraph 60FF-2.007(2)(b), F.A.C.
(e) No change.
1. through 2. No change.
(2) No change.
(3)(a) Acknowledge the Primacy of CSA Data – Because the CSAB System(s) is the foundation of the SUNCOM inventory of services obtained from SUNCOM Providers and services consumed by SUNCOM Customers (when agreements with SUNCOM Providers do not specifically exclude the CSA process) and the basis for invoicing SUNCOM Customers, SUNCOM Providers must make good faith efforts to ensure that the data contained in the system is accurate and presuppose its validity.
(a)(b) Absent clear evidence to the contrary, disputes regarding whether or not a compensable service has been rendered shall be determined by the existence of data in the CSAB System(s). This data shall verify that a CSA request had been issued and a compensable service had been rendered for the period corresponding to a SUNCOM Provider’s claim in order for the SUNCOM Provider to receive the associated payment.
(4) No change.
Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_______.
60FF-2.004 The Department’s Responsibilities in Order Process.
No change.
Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New________.
60FF-2.005 SUNCOM Charges to Customers.
(1) through (2) No change.
(a) through (c) No change.
(d) Customers properly satisfying the invoice via any other means shall send one copy of the summary element with the payment to:
Department of Management Services
Bureau of Financial Management
Post Office Box 5438
Tallahassee, Florida 32399-5438.
(3) The entire amount of the bill is due within 30 days from the date of the invoice was date printed on the invoice.
(a) Non-payment of the bill within 31 days from the date the invoice was printed shall result in a notice of nonpayment describing potential consequences of failure to make a timely payment in accordance with the provisions in subsection 60FF-2.005(4) and criteria in subsection 60FF-2.005(5), F.A.C.
(b) Non-payment of the bill within 60 days from the date the invoice was printed shall result in a second notice of nonpayment warning the Customer that the recurring service associated with the charge shall be terminated if payment is not processed within 90 days from the date the invoice was issued of the potential consequences of failure to make a timely payment in accordance with the provisions in subsection 60FF-2.005(4) and criteria in subsection 60FF-2.005(5), F.A.C.
(c) Non-payment of the bill within 90 days from the date the invoice was printed shall result in a third notice of nonpayment warning the Customer that the recurring service associated with the charge may be terminated immediately of the potential consequences of failure to make a timely payment in accordance with the provisions in subsection 60FF-2.005(4) and criteria in subsection 60FF-2.005(5), F.A.C.
(d) Non-payment of the bill within 120 days from the date the invoice was printed shall result in a fourth notice of nonpayment warning the Customer of the potential consequences of failure to make a timely payment in accordance with the provisions in subsection 60FF-2.005(4) and criteria in subsection 60FF-2.005(5), F.A.C that all of the recurring services provided to the Customer by SUNCOM may be terminated immediately.
(4) The remedies and consequences for failure to make timely payment may include:
(a) Prohibition on obtaining new SUNCOM services;
(b) Suspension of services;
(c) Use of debt collection processes to obtain payment and;
(d) Suspension of the services related to the unpaid invoices;
(e) Suspension of all SUNCOM services to the Customer that has failed to make timely payment.
(5) The Department shall consider the following criteria in determining remedies for non-payment:
(a) The length of time the invoice has not been paid and;
(b) The existence of related legitimate and timely charge disputes from the Customer in accordance with subsection 60FF-2.005(6), F.A.C. and;
(c) The risk that the Customer will exist in the future as an ongoing operation and thus will be able to satisfy the debt in the future and;
(d) The size of the debt and;
(e) The Customer’s good faith commitments and efforts to satisfy the debt and;
(f) The public service ramifications from suspension.
(6)(4) Disputing Charges – If the Customer disputes any of the charges on a SUNCOM invoice, the Customer shall submit a “charge dispute” via electronic mail to the following address: SUNCOMInv@dms.myflorida.com.
(a) No change.
1. through 3. No change.
(b) In spite of the Customer’s dispute of (a portion of the) charges, the Customer shall pay the entire invoice, including the disputed charges, and await resolution of the dispute and a subsequent credit from the Department.
1. However, if the Customer makes a good faith determination that the disputed charge constitutes an onerous obligation for the Customer and the Customer has a good faith belief that the charge is unwarranted;, the Customer may withhold payment for the corresponding portion of the charge that is in dispute. If the Customer chooses to exercise this option, the Customer shall include a statement akin to the following in their charge dispute: “Because this disputed charge constitutes an onerous cost and the Customer is confident that the disputed charge is unwarranted, the Customer is withholding payment for the portion of the invoice related to the disputed charge.”
2. No change.
(c) No change.
1. through 2. No change.
Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_______.
60FF-2.006 SUNCOM Provider Billing to the Department.
Barring the exceptions for contract terms described below, all of the following conditions apply to invoicing from SUNCOM Providers.
(1) through (2) No change.
(3) The Department shall pay SUNCOM Providers lump sums on behalf of all SUNCOM Customers for the entire amount of legitimate charges regardless of the payment status of SUNCOM Customers.
(a) The Department shall solely determine when services shall be suspended terminated to SUNCOM Customers for nonpayment in accordance with subsection 60FF-2.005(3), F.A.C.
(4) through (6)(b)No change.
(c) The substantiating detail must be provided by using an Electronic Data Interchange format established by the Department and by sending to the following electronic mail address: ftppool.dms.state.fl.us sent to the Department address established for that purpose.
(d) Any electronic billing substantiation or detail data supplied by SUNCOM Providers that is not authorized by the Department as the means of accepting electronic substantiating detail data shall be considered supplemental aids to auditing or querying invoicing data and shall do not comprise official payment obligations or substantiating detail.
(7) No change.
(8) Conflicting or mutually exclusive methods of billing to and collections from SUNCOM Customers are is prohibited.
(9) SUNCOM Providers may invoice after the normal billing cycle for charges that were not adequately invoiced during the normal billing cycle.
(a) The portion of the subsequent invoice that SUNCOM shall pay and seek from SUNCOM Customers shall be determined by the terms of the contract for the service.
(b) If terms addressing subsequent billing do not exist in the contract for the service, the Department and the Customer shall pay only the amounts owed for the current fiscal year.
(10) Overcharges from SUNCOM Providers, including charges for services that should have been terminated in accordance with a Communications Service Authorization (CSA) or services that were not provided during the billing period that was billed, shall be refunded to the Department.
(a) The portion of the overcharge that the SUNCOM Provider shall refund shall be determined by the terms of the contract for the service.
(b) If relevant terms addressing overcharges do not exist in the contract for the service, the SUNCOM Provider shall credit an amount for the entire period the service was billed while the service was not available or for the period that it was billed after it should have been suspended in accordance with a Communications Service Authorization (CSA), whichever is greater.
Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_______.
60FF-2.007 SUNCOM Provider Billing Directly to Customers.
(1) No change.
(2) When the SUNCOM Provider invoices SUNCOM Customers directly:
(a) No change.
(b) The SUNCOM Provider shall electronically supply to the Department complete and accurate detail substantiating all of the charges to SUNCOM Customers.
1. No change.
2. Absent contract provisions with the Department that establish formats and exchange methods for the electronic substantiating detail file, the file must be provided using an Electronic Data Interchange format established by the Department and sent to the following electronic mail address: ftppool.dms.state.fl.us Department address established for that purpose.
3. No change.
(3) The Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM Customers in instances where a vendor or SUNCOM Provider submitted an invoice directly to a SUNCOM Customer. If the Department chooses to assume such commitments, it shall only pay do so if and after the SUNCOM provider when the Customer makes an associated payment to the Department Customer has made the associated payment to the Department.
(4) SUNCOM Providers may invoice after the normal billing cycle for charges that were not adequately invoiced during the normal billing cycle.
(a) The portion of the subsequent invoice that the Customer shall pay shall be determined by the terms of the contract for the service.
(b) If terms addressing subsequent billing do not exist in the contract for the service, the Customer shall pay only the amounts owed for the current fiscal year.
(5) Overcharges from SUNCOM Providers, including charges for services that should have been suspended in accordance with a Communications Service Authorization (CSA) or services that were not provided during the billing period that was billed, shall be refunded to the Customer.
(a) The portion of the overcharge that the SUNCOM Provider shall refund shall be determined by the terms of the contract for the service.
(b) If relevant terms addressing overcharges do not exist in the contract for the service, the SUNCOM Provider shall credit an amount for the entire period the service was billed while the service was not available or for the period that it was billed after it should have been suspended in accordance with a Communications Service Authorization (CSA), whichever is greater.
Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_______.
