To consolidate Rules 60A-1.030, F.A.C., and 60A-1.032, F.A.C., respectively into Rules 60A-1.033 and 60A-1.031, F.A.C., as similar rules on the same topic from the same chapter.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Purchasing

RULE NOS.:RULE TITLES:

60A-1.030MyFloridaMarketPlace Vendor Registration

60A-1.031MyFloridaMarketPlace Transaction Fee

60A-1.032MyFloridaMarketPlace Transaction Fee Exceptions

60A-1.033MyFloridaMarketPlace Information Security and Electronic Attachments

PURPOSE AND EFFECT: To consolidate Rules 60A-1.030, F.A.C., and 60A-1.032, F.A.C., respectively into Rules 60A-1.033 and 60A-1.031, F.A.C., as similar rules on the same topic from the same chapter.

SUMMARY: Rules 60A-1.031 and Rule 60A-1,033, F.A.C., are amended and Rules 60A-1.030 and 60A-132, F.A.C., are proposed to be repealed.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: 287.042(12), 287.057(23), 287.057(23)(b) FS.

LAW IMPLEMENTED: 287.032, 287.042, 287.042(3), 287.042(4), 287.042(8), 287.057, 287.057(23)(b) 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: Thursday, January 26, 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-1.030 MyFloridaMarketPlace Vendor Registration.

Rulemaking Authority 287.042(12), 287.057(23) FS. Law Implemented 287.032, 287.042, 287.057 FS. History–New 7-1-03, Amended 5-16-04, Repealed                    .

 

60A-1.031 MyFloridaMarketPlace Transaction Fee and Exceptions.

(1) Each agency shall include language substantially similar to the following in the terms and conditions of all agency purchasing transactions involving commodities and contractual services as defined in Section 287.012, F.S. (including formal solicitations, contracts, and purchase orders), unless the transaction is exempt from the Transaction Fee pursuant to Rule 60A-1.032, F.A.C.:

MyFloridaMarketPlace Transaction Fee

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(22) 287.057(23), F.S., (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the vendor shall pay to the State.

For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee.

The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the vendor’s failure to perform or comply with specifications or requirements of the agreement.

Failure to comply with these requirements shall constitute grounds for declaring the vendor in default and recovering reprocurement costs from the vendor in addition to all outstanding fees. VENDORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE.

(2) On a monthly calendar basis, each vendor registered in MyFloridaMarketPlace shall report its business activity relating to State agreements using Form PUR 3776 (08/04), which is hereby incorporated by reference.

(a) The vendor shall report (i) the total amount of payments received against State agreements during the reporting period (excluding Purchasing Card transactions occurring after June 30, 2004), (ii) the portion of that total that is exempt from the Transaction Fee pursuant to this rRule 60A-1.032, F.A.C., (iii) the amount of Transaction Fees that have been automatically deducted by the system, and (iv) the amount of Transaction Fees that have been billed by the system but not automatically deducted.

(b) through (d) No change.

(c) No change.

(3) The following transactions are exempt from the Transaction Fee that would otherwise apply under this rule. Exemption from paying the Transaction Fee does not in itself exempt the vendor or an agency from the registration requirements of Rule 60A-1.033, F.A.C.

(a) Procurements under Section 337.11, F.S.; provided, however, that the procuring agency may elect to conduct such procurements via MyFloridaMarketPlace and impose the Transaction Fee, in which case the agency shall ensure that such terms are conspicuously included in the solicitation documents.

(b) Procurements under Section 287.055, F.S.

(c) Procurements under Chapter 255, F.S.; provided, however, that the procuring agency may elect to conduct such procurements via MyFloridaMarketPlace and impose the Transaction Fee, in which case the agency shall ensure that such terms are conspicuously included in the solicitation documents.

(d) Transactions with an entity designated as non-profit under the Internal Revenue Code or by the Florida Secretary of State, unless such entity is awarded a contract following a competitive solicitation involving for-profit entities and the contract, if awarded to a for-profit entity, would be subject to the transaction fee.

(e) Transactions with another governmental agency, as defined in Section 163.3164, F.S., with a private university in Florida, with an agency of another state, or with another sovereign nation, unless such entity is awarded a contract following a competitive solicitation involving private entities and the contract, if awarded to a private entity, would be subject to the transaction fee.

(f) Transactions in which law or government regulation requires that the commodity or service be provided by a sole provider (e.g., regulated utilities, legislatively mandated transactions, etc.) and transactions in which the price paid and the payee are established by federal or private grant.

(g) Payments to unregistered vendors under subsection 60A-1.033(3), F.A.C.

(h) Payments to a vendor in exchange for providing health care services at or below Medicaid rates, even if the vendor is otherwise registered in MyFloridaMarketPlace.

(i) Disbursements of State financial assistance to a recipient as defined in the Florida Single Audit Act, Section 215.97, F.S.; disbursements of federal awards to sub-recipients as defined in Circular A-133 of the U.S. Office of Management and Budget; payments of State dollars to satisfy federal Maintenance of Efforts requirements; and payments of State dollars for matching federal awards.

(4) With the Department’s prior written approval an agency may exempt a particular transaction from the Transaction Fee. As a necessary condition to obtaining this approval, the requesting agency shall provide to the Department its agency head’s (or designee’s) written (or electronic) determination, with all supporting facts and circumstances, that:

(a) The transaction is critical to the agency’s mission or necessary for the public health, safety, or welfare; and

(b) Imposition of the fee would prevent the consummation of the transaction.

The requesting agency shall direct the request and supporting documentation to the Director of State Purchasing, who shall respond to the agency within fourteen days, either granting approval, denying approval, or requesting additional information. Requests outstanding for more than fourteen days shall be deemed approved. Once the Department has approved a transaction under this subsection, the agency need not seek approval of subsequent directly related transactions (e.g., individual payments under a multi-year contract or under a blanket purchase order).

(5) An agency may exempt a particular transaction from the Transaction Fee if:

(a) The governor suspends purchasing regulations due to an emergency; or

(b) The agency head declares an emergency under Section 287.057(3)(a), F.S., or other statutory basis.

In case of an agency-declared emergency under Section 287.057(3)(a), F.S., the agency shall identify every transaction that it has exempted from the Transaction Fee in the documentation it submits to the Department.

Rulemaking Authority 287.042(12), 287.057(23) FS. Law Implemented 287.032, 287.042, 287.057 FS. History–New 7-1-03, Amended 2-11-04, 11-7-04,                             .

 

60A-1.032 MyFloridaMarketPlace Transaction Fee Exceptions.

Rulemaking Authority 287.042(12), 287.057(23) FS. Law Implemented 287.032, 287.042, 287.057 FS. History–New 7-1-03, Repealed            .

 

60A-1.033 MyFloridaMarketPlace Vendor Requirements Information Security and Electronic Attachments.

(1) Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State through the on-line procurement system is prequalified to do so and shall register in the MyFloridaMarketPlace system, unless exempted under subsection 60A-1.033(3), F.A.C. Information about the registration process is available, and registration may be completed, at the MyFloridaMarketPlace website (link under Business on the State portal at www.myflorida.com). Interested persons lacking Internet access may request assistance from the MyFloridaMarketPlace Customer Service at 1(866) FLA-EPRO (1(866) 352-3776) or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, Florida 32399.

(2) An agency shall not enter into an agreement for the sale of commodities or contractual services as defined in Section 287.012, F.S., with any vendor not registered in the MyFloridaMarketPlace system, unless exempted under this rule; provided, however, that an agency may do so if the agency purchasing director (or designee) determines in writing (or electronically) that it is necessary to do so to prevent significant interference with the agency’s mission, in which case the following provisions apply:

(a) Before the agency legally binds itself to the transaction, the agency shall advise the unregistered vendor of this rule;

(b) In entering into the transaction, the vendor agrees that it is subject to the terms of use of the MyFloridaMarketPlace system and to the related rules; and

(c) The vendor shall be registered in the system within twenty days after providing the commodities or services at issue, and the goods or services shall not be deemed finally approved until the registration process is completed.

(3) Notwithstanding subsections (1) and (2), an agency may enter into an agreement for the sale of commodities or contractual services as defined in Section 287.012, F.S., with an unregistered vendor when one or more of the following conditions is satisfied:

(a) The transaction can be consummated only through use of the State purchasing card (e.g., when a state employee is away from the office and needs to make a field purchase);

(b) The transaction, though capable of being consummated through the system, involves commodities or contractual services concerning which the Department has delegated to agencies written permission to purchase through use of the State purchasing card (e.g., travel arrangements);

(c) Information about the vendor is exempt from disclosure under the Public Records Law, Chapter 119, F.S.;

(d) The transaction is with a person or entity providing one of the following:

1. Health care services at or below Medicaid rates;

2. Commodities or services compensated for by payments from the Agency for Health Care Administration fiscal agent;

3. Children’s medical services under Chapter 391, F.S.;

4. Services under the Brain and Spinal Cord Injury Program;

5. Commodities or services specific to the Department of Health, Division of Disability Determination;

6. Commodities or services specific to the Child Care Food Program;

7. Commodities or services specific to the Developmental Disabilities Program;

8. Commodities or services specific to purchase-client services under the Vocational Rehabilitation or Blind Services programs;

9. Commodities or services related to investigations or prosecutions in professional license disciplinary matters;

10. Any commodity which is necessary for a public project and which is acquired by a governmental entity possessing the power of eminent domain in connection with a public project; or

11. Any commodity or service with respect to which the provider is deemed not to be a vendor, but rather a recipient of a disbursement of state financial assistance as defined in Section 215.97, F.S., or a sub-recipient of a disbursement of a federal award as defined in Circular A-133 of the U.S. Office of Management and Budget.

(4) An agency entering into an agreement with an unregistered vendor for the sale of commodities or contractual services as defined in Section 287.012, F.S., is solely responsible for establishing with the Department of Financial Services a means for ensuring that the agency can pay the vendor through the State accounting system (FLAIR or its successor).

(5) Notwithstanding any contrary terms of use agreed to during the vendor registration process, a governmental body registering as a vendor shall not be deemed thereby to have waived any immunity accruing under the law.

(6)(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) through (5) renumbered (7) through (10) No change.

Rulemaking Authority 287.042(12), 287.057(23)(b) FS. Law Implemented 287.042(3), (4), (8), 287.057(23)(b) FS. History–New 10-15-06, Amended                         .

 

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: 12/29/16

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 1/3/16