To consolidate rule 60A-1.046, F.A.C., Emergency Purchases, and rule 60A-1.047, F.A.C., Alternate Contract Sources of Commodities and Services into proposed rule 60A-1.045, F.A.C., Alternative Purchasing Methods, which are similar rules on the same ...

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Purchasing

RULE NOS.:RULE TITLES:

60A-1.045Single Source Purchases

60A-1.046Emergency Purchases

60A-1.047Alternate Contract Sources of Commodities and Services

PURPOSE AND EFFECT: To consolidate rule 60A-1.046, F.A.C., Emergency Purchases, and rule 60A-1.047, F.A.C., Alternate Contract Sources of Commodities and Services into proposed rule 60A-1.045, F.A.C., Alternative Purchasing Methods, which are similar rules on the same topic.

SUMMARY: Rule 60A-1.045, F.A.C., is proposed to be amended and Rules 60A-1.046, and 60A-1.047, F.A.C. are proposed to be repealed.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The economic review conducted 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: 287.032(2), 287.042(12) FS.

LAW IMPLEMENTED: 287.017, 287.042(9), 287.042(16), 287.057(3), 287.057(3)(b), 287.057(13) FS.

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: Wednesday, January 25, 2017, 2:00 p.m. until completed but no later than 5:00 p.m.

PLACE: 4050 Esplanade Way, Tallahassee, Florida, Room 101

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Michael A. Greif, Department of Management Services, 4050 Esplanade Way, Tallahassee, FL 32399, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Daniel May, Department of Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida 32399-0950, Phone: [phone], Email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60A-1.045 Alternative Purchasing Methods Single Source Purchases.

(1) through (2) No change.

(3) For emergency purchases of commodities or contractual services, agencies must complete and furnish to the Department, Form PUR 7800 “Notice of Emergency Purchase,” effective January 2017, which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-___or on the Department’s website at http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms.

(4) Emergency purchases need not be posted electronically or by any other means.

(5) An agency must request approval from the Department to purchase commodities or contractual services from contracts competitively established by another agency, or let by the federal government, another state or a political subdivision, by submitting Form PUR 7102, “Agency Request for Approval of Alternate Contract Source (ACS),” effective January 2017, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-____ or http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms. The ACS contract must contain specific language authorizing third parties to make purchases from the contract with the vendor’s consent.

(6) In addition, a list of current ACS contracts for use by all agencies is available at http://dms.myflorida.com.

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.017, 287.057(3), (13) FS. History–New 2-6-68, Revised 5-20-71, Amended 8-6-81, 2-28-85, 12-17-85, Formerly 13A-1.10, Amended 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.010, Amended 1-9-95, 1-1-96, 9-23-96, 7-6-98, 1-2-00, 7-26-04, Formerly 60A-1.010, Amended 4-14-16,                      .

 

60A-1.046 Emergency Purchases.

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(9), 287.057(3) FS. History–New 2-6-68, Revised 5-20-71, Amended 7-31-75, 10-1-78, 8-6-81, 11-12-84, 12-17-85, Formerly 13A-1.09, Amended 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.009, Amended 1-9-95, 7-6-98, 1-2-00, 7-26-04, Formerly 60A-1.009, Amended 4-14-16, Repealed                .

 

60A-1.047 Alternate Contract Sources of Commodities and Services.

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(16), 287.057(3)(b) FS. History–New 7-11-04, Amended 7-20-16, Repealed                       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Daniel May, Governance and Training, Department of Management Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell, Secretary, Department of Management Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/29/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 1/3/17