To update Rule 60A-1.044, Florida Administrative Code, to reflect requirements for use of state term contracts by state agencies.

DEPARTMENT OF MANAGEMENT SERVICES
Division of Purchasing

RULE NO: RULE TITLE
60A-1.044: State Term Contracts; Usage and Exclusivity; Exceptions
PURPOSE AND EFFECT: To update Rule 60A-1.044, Florida Administrative Code, to reflect requirements for use of state term contracts by state agencies.
SUMMARY: Repeal paragraphs (2) and (3) and amend (5) to remove exceptions to use of state term contracts by state agencies.
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: 287.042(12) FS.
LAW IMPLEMENTED: 287.056(1) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kelley Scott, 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-1.044 State Term Contracts; Usage and Exclusivity; Exceptions.

(1) State Term Contracts. State term contracts are indefinite quantity contracts competitively procured by the Department pursuant to Section 287.057, F.S., available for use by eligible users.

(2) Usage and Exclusivity. Section 287.056(1), F.S., mandates state term contract usage and exclusivity as follows:

(a) Agencies. Agencies are required to use state term contracts, except as provided in this rule.

(b) Other Entities. The Department encourages its vendors to offer state term contract pricing to additional entities, particularly charitable entities recognized under Section 501(c)(3) of the Internal Revenue Code. These entities are encouraged to review state term contracts and request identical pricing, which the vendor may grant at its discretion. Other entities purchasing from state term contracts assume and bear complete responsibility with regard to performance of any contractual obligation or term.

(3) Exceptions. An agency may purchase commodities or contractual services from other than the state term contract vendor(s) if:

(a) The purchase amount does not exceed the greater of $250 or any threshold amount established in the state term contract; or

(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; or

(c) The state term contract expressly designates that it is a non-exclusive contract, which designation may be conditional, e.g., require any off-contract vendors to match or beat the contract price.

(2)(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.

(3)(5) The agencies’ written determination for state term contract or standard configuration exceptions required by (2) (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.

Rulemaking Specific Authority 287.042(12) FS. Law Implemented 287.056(1) FS. History–New 7-26-04, Amended 10-15-06,________.

 

Editorial Note: Formerly 60A-1.008(3)(a), (4), (5), F.A.C.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kelley Scott, Governance Manager, Division of State Purchasing, Department of Management Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles Covington, Director, Division of State Purchasing, Department of Management Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 17, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 26, 2009