The purpose of this rule chapter is to establish the procedures by which the Florida Housing Finance Corporation will procure commodities and contractual services.

 

FLORIDA HOUSING FINANCE CORPORATION

RULE NOS.:RULE TITLES:

67-49.0005General Provisions

67-49.001Definitions

67-49.002Procurement of Commodities or Contractual Services

PURPOSE AND EFFECT: The purpose of this rule chapter is to establish the procedures by which the Florida Housing Finance Corporation will procure commodities and contractual services.

SUMMARY: The rule chapter is being amended to update statutory references, add a definition for cooperative contracts, and clarify that procurements relating to payroll services and workspace are not subject to competitive sealed response requirements.

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.

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: 420.507(12), F.S.

LAW IMPLEMENTED: 420.507(13), (27), F.S.

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: July 13, 2021 at 10:00 a.m.

PLACE: The hearing will take place by webinar and instructions for accessing the webinar will be posted on the Corporation’s website at https://www.floridahousing.org/legal/procurements.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jenny Marshall, Florida Housing Finance Corporation, 227 North Bronough Street, Suite 500, Tallahassee, FL 32301, email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

67-49.0005 General Provisions.

(1) Section 420.507(27), F.S., authorizes the Corporation to establish procedures and practices to implement the purchase and procurement of materials and services for use by the Corporation. Except as provided below, the provisions of Part I of Chapter 287, F.S., apply to such purchases unless a different or additional procedure or practice is set forth in this chapter. This rule chapter shall be reviewed, and if necessary, repealed or renewed through the rulemaking process no later than five years from the effective date.

(a) Subsection 287.056(2), F.S.

(b)(a) Subsections 287.057(3), (4), (15), (16), (17), (18), (24) and (26) (14), (16), and (22), F.S.

(c)(b) Section 287.0571, F.S.

(d)(c) Section 287.059, F.S.

(e) Section 287.0591, F.S.

(f)(d) Section 287.063, F.S.

(g)(e) Section 287.064, F.S.

(h) Section 287.136, F.S.

(2) and (3) No Change

Rulemaking Authority 420.507(12) FS. Law Implemented 420.507(13), (27) FS. History–New 2-28-18, Amended ________

 

67-49.001 Definitions.

As used in this rule, the term:

(1) through (5) No Change

(6) “Cooperative Contract” means a variety of arrangements whereby two or more public procurement entities purchase from the same supplier or multiple suppliers using a single Competitive Solicitation.

Subsections (6) through (14) renumbered as (7) through (15)

Rulemaking Authority 420.507(12) FS. Law Implemented 420.507(13), (27) FS. History–New 1-31-99, Amended 3-12-02, 9-14-03, 2-24-14, 2-28-18, ________

 

67-49.002 Procurement of Commodities or Contractual Services.

(1)(a) When the purchase price of a commodity or contractual service does not exceed $35,000 in any 12-month period, including all delivery costs and administrative costs, then the Corporation may proceed with the procurement of commodities or contractual services without a competitive solicitation. In these instances, the Corporation must obtain at least two written quotations or make a written record of at least two quotes obtained verbally, including the name and address of the company and amount quoted, for Contractual Services or Commodities that exceed $15,000 and are not available through a vendor under a Cooperative Ccontract negotiated by the Florida Department of Management Services. If the Corporation does not obtain at least two quotations, the Corporation shall document why they were not obtained

(2) and (3) No change

(4) The following Contractual Services and Commodities are not subject to the competitive sealed response requirements of paragraph (1)(b):

(a) through (g) No change

(h) Payroll services.

(i) Real estate transactions required to secure space for Corporation employees to conduct business.

Paragraphs (h) and (i) renumbered as (j) and (k)

(5) The Corporation may use cooperative purchasing agreements for Commodities or Contractual Services in addition to those negotiated by the Florida Department of Management Services.

Rulemaking Authority 420.507(12) FS. Law Implemented 420.507(13), (27) FS. History–New 1-31-99, Amended 3-12-02, 9-14-03, 2-24-14, 2-28-18, 2-13-20, ________

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jenny Marshall, Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL 32301, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ron Lieberman, Chairman of the Board, Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, Florida 32031, [phone]

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 18, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 6, 2021