The purpose and effect of the proposed rulemaking is to amend the identified rules and Forms PUR 1000 and 1001 to reflect current practices and procedures regarding purchases made by state agencies, and to adopt a new rule governing ...

DEPARTMENT OF MANAGEMENT SERVICES
Division of Purchasing

RULE NO: RULE TITLE
60A-1.002: Purchase of Commodities or Contractual Services
60A-1.006: Vendors and Contractors
60A-1.016: Contract and Purchase Order Requirements
60A-1.033: MyFloridaMarketPlace Information Security and Electronic Attachments
60A-1.044: State Term Contracts; Usage and Exclusivity; Exceptions
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to amend the identified rules and Forms PUR 1000 and 1001 to reflect current practices and procedures regarding purchases made by state agencies, and to adopt a new rule governing MyFloridaMarketPlace information security.
SUMMARY: The amendments amend the above-mentioned rules to reflect the current practices and procedures regarding purchases made by state agencies. Also, the amendments clarify the duties and responsibilities of the Department and other state agencies as provided therein. Further, the proposed rulemaking adopts a new rule that provides information security practices related to uploading information into the MyFloridaMarketPlace procurement system.
The amendments amend the Form PUR 1000 to: relocate the Manufacturer’s Name and Approved Equivalent section to the Form PUR 1001; provide a limit to the duration of purchase orders entered into via state term contracts; include a compliance with laws section; provide a separate assignment of anti-trust rights section; provide clarification that all employees, subcontractors, or agents performing work under the relevant contract shall comply with all controlling laws and regulations relevant to the services they are providing under the contract; and other changes that reflect the current practices and procedures regarding purchases made by state agencies.
The amendments amend the Form PUR 1001 to: include the Manufacturer’s Name and Approved Equivalent section relocated from the Form PUR 1000 to the PUR 1001; add a section required by new 287.057(26), F.S; and other changes that reflect the current practices and procedures regarding purchases made by state agencies.
SUMMARY 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: 287.042(3), 287.042(12) FS.
LAW IMPLEMENTED: 287.042, 287.057 FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: June 23, 2006, 1:00 p.m.
PLACE: Department of Management Services, 4050 Esplanade Way, Room 101, Tallahassee, Florida 32399-0950
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony W. Garcia, Department of Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida 32399-0950, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

60A-1.002 Purchase of Commodities or Contractual Services.

(1) through (6) No change.

(7) All formal solicitations issued by an agency shall include the standard “General Contract Conditions” Form PUR 1000 (08/04), and the standard “General Instructions to Respondents” Form PUR 1001 (11/04), each of which is hereby incorporated by reference. The forms are available on the internet at http://dms.myflorida.com/purchasing. Except as modified by an agency pursuant to the following subsections, these instructions shall apply to all formal solicitations and these conditions shall be part of all resulting contracts.

(a) PUR 1001 contains instructions explaining the solicitation process and the actions necessary to respond. The agency shall attach additional materials specific to each particular solicitation, including but not limited to contact information, a solicitation timeline, a location for the public opening, evaluation criteria, required information regarding renewal of the contract, and any other necessary information. These additional instructions are commonly referred to as “Special Instructions to Respondents.” In the event of any conflict between Form PUR 1001 and the additional instructions attached by the agency, the additional instructions shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the term contained in PUR 1001 shall take precedence.

(b) No change.

(8) In addition to including the PUR 1001 and PUR 1000, all formal solicitations issued by an agency shall include an Introductory Section, a Special Conditions section and a Technical Specifications or Statement of Work Section. The Introductory Section shall include an overview of the solicitation and a timeline or calendar of events relevant to the solicitation. As provided in paragraph (7)(b) above, the Special Conditions section shall be used by agencies to supplement or supercede the General Contract Conditions contained in PUR 1000. The Technical Instructions or Statement of Work Section shall be used by agencies to provide detail regarding the scope of contractual services sought or commodities to be procured by the agency through the formal solicitation.

 

Specific Authority 287.042 FS. Law Implemented 287.042, 287.057 FS. History–New 5-20-64, Amended 4-4-67, Revised 2-6-68, Amended 2-8-69, Revised 5-20-71, Amended 7-31-75, 10-1-78, Revised 11-14-79, Amended 8-18-80, 8-6-81, 10-13-83, 3-1-84, 3-14-84, 11-12-84, 2-28-85, 12-17-85, Formerly 13A-1.02, Amended 6-5-86, 2-9-87, 11-3-88, 1-18-90, 4-10-91, 9-1-92, Formerly 13A-1.002, Amended 4-24-94, 1-9-95, 1-1-96, 3-21-96, 9-23-96, 7-6-98, 1-2-00, 10-3-04, 12- 22-04,________.

 

60A-1.006 Vendors and Contractors.

(1) The integrity, reliability and qualifications of a bidder or offeror, with regard to the capability in all respects to perform fully the contract requirements, shall be determined by the agency prior to the award of the contract and shall be monitored by the agency throughout the contract term.

(2) No change.

(3)(a) through (b) No change.

(c) The defaulting vendor will not be eligible for award of a contract by the agency until such time as the agency is reimbursed by the defaulting vendor for all reprocurement costs. Reprocurement costs may include both administrative costs and costs or price increases incurred or to be incurred as a result of the reprocurement. Reprocurement of substitute commodities or contractual services may be accomplished by first attempting to contract with the next eligible awardee under the original solicitation, when applicable. If the agency fails to contract with the next eligible awardee, it may continue in this manner sequentially through all eligible awardees until a vendor willing to perform at acceptable pricing under the solicitation's terms and conditions is found. Alternatively, an agency may elect to disregard previous solicitations, if any, and reprocure the commodity or contractual service pursuant to all applicable requirements of Chapter 287, F.S.

(d) through (f) No change.

(4) through (5) No change.

 

Specific Authority 120.57(3)(d), 287.042, 287.057(23)(d) FS. Law Implemented 120.57(3), 287.017, 287.042, 287.057, 287.133 FS. History–New 5-20-64, Revised 2-6-68, 5-20-71, Amended 7-31-75, 10-1-78, 12-11- 79, 2-26-80, 8-6-81, 10-11-81, 11-10-81, 2-11-82, 8-10-82, 10-13-83, 11-12-84, 12-17-85, Formerly 13A-1.06, Amended 2-9-87, 11-3-88, 1-18-90, 4-10-91, 9-1-92, Formerly 13A-1.006, Amended 4-24-94, 1-9-95, 7-6-98, 1-2-00, 7-1-03, 5-16-04, 8-22-04,__________.

 

60A-1.016 Contract and Purchase Order Requirements.

(1) No change.

(2)(a) No change.

(b) All agency contracts and purchase orders may be electronically signed by the authorized individual as provided in Section 668.004, F.S.

(c)(b) No change.

(d)(c) No change.

(3) No change.

 

Specific Authority 287.032, 287.042 FS. Law Implemented 287.017, 287.042, 287.057, 287.058, 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,_________.

 

60A-1.033 MyFloridaMarketPlace Information Security and Electronic Attachments.

(1) To process invoices for payment, the Department of Financial Services (“DFS”) requires agencies to submit supporting documentation to substantiate the payment. Supporting documentation for payment requests in MyFloridaMarketPlace may be sent by the agency to DFS as electronically rendered (i.e., scanned) copies of the original documents.

(2) When scanning supporting documentation for purchase orders and invoices and loading them into MyFloridaMarketPlace, agencies shall comply with Rule 1B-26.003, F.A.C., Electronic Recordkeeping, and with Chapter 60DD-2, F.A.C., Florida Information Resource Security Policies and Standards.

(a) Before scanning and uploading supporting documentation for purchase orders and invoices into MyFloridaMarketPlace, the agency shall review and redact all confidential information from the supporting documentation. Specifically, agencies shall redact from supporting documentation, before it is uploaded into MyFloridaMarketPlace, all protected health information as defined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all information that is exempt from inspection or copying as provided in chapter 119, Florida Statutes, or any other provision of Florida law exempting or making information exempt from public records review. Further, before uploading scanned copies of supporting documentation into MyFloridaMarketPlace, agencies shall review and redact from supporting documentation all personal agency employee information that is unnecessary for DFS to review to process the invoice for payment. The agency shall retain the original hard copy of the document (unredacted version) for subsequent auditing purposes.

(3) If an agency’s supporting documentation attachment in MyFloridaMarketPlace contains confidential information, the agency shall complete and submit to the Department Form PUR 3785, MyFloridaMarketplace Attachment Removal Request Form (7/##/06), which is hereby incorporated by reference. This form is available on the internet at http://dms.myflorida.com/dms/purchasing.

(4) The memory size of supporting documentation attachments that may be uploaded into MyFloridaMarketPlace for each invoice for payment shall be no more than 4 megabytes in size. Only final versions of supporting documentation attachments should be included within the system.

(5) To support an invoice for payment, the agency shall electronically scan and upload the supporting documentation into MyFloridaMarketPlace:

(a) All paper invoices received by the agency from the vendor, excluding confidential information; and

(b) Any other documentation, excluding confidential information, necessary to substantiate the request for payment and/or show compliance with the rules of the DFS and Chief Financial Officer Memoranda, and other applicable laws, rules and regulations relating to the expenditure of public funds. Confidential information will be made available in paper form to DFS and other authorized State personnel upon request and only as permitted by law.

 

Specific Authority 287.042(12), 287.057(23)(b) FS. Law Implemented 287.042(3), (4), (8) 287.057(23)(b) FS. History–New __________.

 

60A-1.044 State Term Contracts; Usage and Exclusivity; Exceptions.

(1) through (2) No change.

(3)(a) No change.

(b) The agency determines in writing that the state term contract item cannot meet an agency need because of one of these factors: unavailability of the contract item within agency schedule or delivery requirements; need for compatibility with existing equipment or systems; or the contract item fails to meet agency-required specifications, quality levels or technical requirements critical delivery schedules, the need for compatibility with existing equipment, non-availability of service, applications of unique technical requirements, product quality, or specifications that differ from those of the contract commodities or services; or

(c) No change.

(4) State Agency Standard Configuration and Options. State term contracts for commodities may provide cost-effective standard configuration products, i.e., those that meet most or a significant portion of agency requirements at a reduced cost. A state term contract offering standard configuration products may also list specific options or additions to the standard configuration products, which agencies or eligible users may elect to add to the standard configuration product as needed. If an agency determines that a standard configuration product will not meet the agency’s needs and that it is therefore necessary for the agency to purchase specific product options or additions to the standard configuration product, the agency shall, in writing, specify why the standard configuration product(s) cannot meet the agency’s needs due to: unavailability of the product within agency schedule or delivery requirements; need for compatibility with existing equipment or systems; or failure to meet agency-required specifications, quality levels or technical requirements.

(5) The agencies’ written determination for state term contract or standard configuration exceptions required by subsections (3) and (4) above shall also include the price impact, both as a dollar amount and as a percentage of the price of the state contract or standard configuration item(s), that results because of the exception or deviation.

 

Specific Authority 287.042(12) FS. Law Implemented 287.056(1) FS. History–New 7-26-04, Amended_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Anthony W. Garcia, Department of Management Services
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: John Holley, Chief of Staff, Department of Management Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 10, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 17, 2006