Purchase of Commodities or Contractual Services, MyFloridaMarketPlace Information Security and Electronic Attachments

 

DEPARTMENT OF MANAGEMENT SERVICES
Division of Purchasing

RULE NO: RULE TITLE
60A-1.002: Purchase of Commodities or Contractual Services
60A-1.033: MyFloridaMarketPlace Information Security and Electronic Attachments

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. 32, No. 22, June 2, 2006, issue of the Florida Administrative Weekly. These changes are in response to both written material received on or before the date of the final public hearing and comments received from staff of the Joint Administrative Procedures Committee.

As to the proposed changes to the PUR 1000, a compliance with all controlling laws section will not be incorporated into the PUR 1000 – rather, this requirement will be incorporated into Rule 60A-1.002, F.A.C., as provided below. Also, the PUR 1000 is changed to notify contractors that failure to pay MyFloridaMarketPlace transaction fees may subject them to being removed from the Department’s vendor list in accordance with the process provided in Rule 60A-1.006, F.A.C. Further, the language to be added to the PUR 1000 per Section 287.057(26), F.S., has been shortened to include only that language found in quotes in Section 287.057(26), F.A.C. Also, the PUR 3785 is changed to address the removal of confidential request for payment information from MyFloridaMarketPlace.

The above-mentioned rules are changed as follows:

60A-1.002 Purchase of Commodities or Contractual Services.

(1) through (8) No change.

(9) All contracts entered into as a result of formal solicitations issued by an agency shall include a contractual condition requiring vendor(s) comply with all laws and rules applicable to the vendor(s) providing the commodities or services to the agency.

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 request for payment information and supporting documentation to substantiate the payment. Request for payment information shall be entered by agencies into the corresponding comment field as specified in MyFloridaMarketPlace. 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 entering request for payment information or 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 entering request for payment information or 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 request for payment information and 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 entering request for payment information or uploading scanned copies of supporting documentation into MyFloridaMarketPlace, agencies shall review and redact from request for payment information and 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 identifies that confidential information has been entered into any MyFloridaMarketPlace comment field or that an agency’s supporting documentation attachment in MyFloridaMarketPlace contains confidential information, the agency shall complete and submit to the Department Form PUR 3785, MyFloridaMarketPlace Confidential Information Attachment Removal Request Form (6/06), which is hereby incorporated by reference. This form is available on the internet at http://dms.myflorida.com/dms/purchasing.

(4) through (5) No change.

The person to be contacted regarding the proposed rules is: Anthony W. Garcia, Department of Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida 32399-0950, [phone], [e-mail]