Purchase of Commodities or Contractual Services

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Purchasing

RULE NO.:RULE TITLE:

60A-1.002Purchase of Commodities or Contractual Services

NOTICE 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. 50 No. 76, April 17, 2024 issue of the Florida Administrative Register.

60A-1.002 Purchase of Commodities or Contractual Services.  

(1) – (6) No change.  

(7)  When an Agency issues a Competitive Solicitation, the Agency shall include the standard “General Contract Conditions” Form PUR 1000 (XX/24), [FAR link]; the PUR 1000’s Form PUR 7801, Vendor Certification Form (XX/24), [FAR link]; and the standard “General Instructions to Respondents” Form PUR 1001 (10/06); each of which is hereby incorporated by reference. The forms are available on the Department’s website  at https://www.dms.myflorida.com/purforms. Except as modified by an Agency pursuant to the following subsections, these instructions shall apply to all Competitive Solicitations and these conditions shall be part of all resulting Contracts. 

(a) No change.  

(b) The PUR 1000 contains standard terms and conditions that will apply to the Contract which results from the Competitive Solicitation event. The PUR 1000’s attached PUR 7801 contains certifications regarding statutorily required vendor criteria crititeria. For Competitive Solicitations seeking to establish a State Term Contract the PUR 1000 and its attached PUR 7801 will be applicable to Customer purchases made off the State Term Contract. The Agency may attach additional contract terms and conditions specific to its particular Competitive Solicitation or purchase made off a State Term Contract. These additional terms shall be referred to as “Special Conditions.” In the event of any conflict between the PUR 1000 or 7801 form and any Special Conditions attached by the Agency, the Special Conditions will take precedence over the PUR 1000 or 7801 form unless the conflicting term in the PUR form is required by law, in which case the term contained in the PUR 1000 or 7801 will take precedence. To the extent the Special Conditions supersede the limit of liability in the PUR 1000, the Special Conditions must address such topic. For purchases made off a State Term Contract, to the extent a Customer attaches Special Conditions to its purchase and such Special Conditions reduce an obligation of the Contractor under the PUR 1000, the Customer shall seek a corresponding equitable reduction in price or equitable increase in other Contractor obligations. This offset may include reducing liability limits in exchange for a reduction in price or an increase in insurance.  

(8) – (9) No change.   

Rulemaking Authority 287.032(2), 287.042, 287.0823 FS. Law Implemented 287.042, 287.057, 287.0823 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, 10-15-06, XX-XX-24.  

 

A summary of changes to the incorporated form PUR 1000 follows. The revised form is available on the Department’s website at https://www.dms.myflorida.com/agency_administration/general_counsel/rulemaking.   

 

The following changes are made to the PUR 1000: 

 

Page 5, Section 4.c.ii., the second paragraph is changed in the following manner: 

Except for defaults of subcontractors at any tier, the Contractor will not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor will not be liable for any excess costs for failure to perform, unless the subcontracted Products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and anpubd remedies provided by law or under the Contract. The Customer shall notify the Department of Management Services of any vendor that has met the grounds for placement of the vendor on the Department of Management Services’ Suspended Vendor List, as required in section 287.1351, F.S. 

 

Page 6, Section 5.a. is changed in the following manner: 

a.

Warranty of Ability to Perform. Upon the effective date of the Contract, and each year on the anniversary date of the Contract, the Contractor shall submit to the Customer a completed PUR 7801, Vendor Certification Form. This requirement will not apply to purchases off a term contract, as defined in section 287.012, F.S., unless specifically requested in the Contract by the Customer.