Changes to rule 60A-1.041, Solicitation Requirements, create the requirements for professional certification as a Florida Certified Contract Manager (FCCM), and update and simplify the requirements for professional certification as a Florida ...

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Purchasing

RULE NO.:RULE TITLE:

60A-1.041Solicitation Requirements

PURPOSE AND EFFECT: Changes to Rule 60A-1.041, F.A.C., Solicitation Requirements, create the requirements for professional certification as a Florida Certified Contract Manager (FCCM), and update and simplify the requirements for professional certification as a Florida Certified Contract Negotiator (FCCN). The rule titles are changed to accurately reflect the rule content addressed.

SUMMARY: Section 287.057(14), FS, directs the Department to establish training requirements to be credentialed as a Florida Certified Contract Manager, and revisions to this rule delineate these requirements. The rewrite also clarifies requirements for credentialing as a Florida Certified Contract Negotiator, pursuant to Section 287.057(16), FS, and modifies wording to reflect preferred practices

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.

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), 287.057(16)(b), Florida Statutes.

LAW IMPLEMENTED: 287.057(14), 287.057(16), Florida Statutes.

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: Tuesday, January 24, 2017, 9:30 a.m. – 10:00 a.m.

PLACE: 4050 Esplanade Way, Room 101, Tallahassee, Florida 32399-0950

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 2 days before the workshop/meeting by contacting: Daniel May, Department of Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida 32399-0950, Phone: [phone], Email: [e-mail]. 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:

 

Substantial rewording of Rule 60A-1.041 follows.  See Florida Administrative Code for present text.

 

60A-1.041 Contract Manager and Negotiator Certifications

The Department offers the following public purchasing certifications to agency employees:

(1) Florida Certified Contract Manager (FCCM) Certification.

(a) Employees must meet the following requirements for FCCM Certification: 1) selection for certification by the employee’s agency; and 2) successful completion of the FCCM Certification course within twelve (12) months of being assigned responsibility for contracts awarded under Chapters 215 and 287, F.S., in excess of $100,000 annually. Employees may seek waiver of the 12-month time period for good cause. The Department’s decision on a request for waiver is final.

(b) The FCCM Certification course satisfies requirements for the Chief Financial Officer’s Advancing Accountability: Best Practices for Contract and Grant Management Training.

(c) FCCM Certification is valid for four (4) years or until the expiration date stated on the employee’s FCCM Certificate, whichever is later.

(2) FCCM Recertification.

(a) Employees must meet the following requirements for FCCM Recertification: 1) current FCCM Certification; and 2) successful completion of the FCCM Recertification Course.

(b) FCCM Recertification is valid for four (4) years or until the expiration date stated on the employee’s FCCM Certificate, whichever is later.

(3) Florida Certified Contract Negotiator (FCCN) Certification.

(a) Employees seeking FCCN Certification must complete and submit Form PUR 2011 (Rev ##/##), “Contract and Procurement Application,” incorporated herein by reference and available on the Department’s website at: dms.myflorida.com along with supporting documentation, to [e-mail].

(b) Employees must meet the following requirements for FCCN Certification: 1) successful completion of the FCCN Certification Course; 2) at least twelve (12) months’ experience as a purchasing agent, contract manager, or contract administrator for an agency or local government entity, where the job description for the position required that at least half of the employee’s designated duties included procuring commodities or contractual services, participating in contract negotiation, contract management, or contract administration, or working as an agency attorney whose duties included providing legal counsel to the agency’s purchasing or contracting staff; and 3) experience during the preceding five (5) years in leading at least one (1) federal, state, or local government negotiation team through a negotiated procurement, or participation in at least two (2) federal, state, or local government negotiated procurements. Negotiated procurements include those from a single source; those negotiated when fewer than two responsive bids, proposals, or replies are received; and contract renewals. Employees must provide documentation to show compliance with the experience and participation requirements when submitting Form PUR 2011. The Department’s decision on an employee’s compliance with the experience and participation requirements is final.

(c) FCCN Certification is valid for five (5) years or until the expiration date stated on the employee’s FCCN certificate, whichever is later.

(4) FCCN Recertification.

(a) Employees seeking FCCN Recertification must complete and submit Form PUR 2011 (##/##), “Contract and Procurement Application,” along with supporting documentation, to [e-mail].

(b) Employees must meet the following requirements for FCCN recertification: 1) successful completion of the FCCN Recertification Course; 2) current employment by an agency or local government entity in a position in which the job description includes contract negotiation-related duties; and 3) experience within the preceding five (5) years leading at least one (1) federal, state or local government negotiation team through a negotiated procurement, or participation in at least two (2) federal, state, or local government negotiated procurements. Employees must provide documentation to show compliance with the experience and participation requirements when submitting Form PUR 2011.

(c) FCCN Recertification is valid for five (5) years or until the expiration date stated on the employee’s FCCN certificate, whichever is later.

Rulemaking Authority 287.032(2), 287.042(12), 287.057(16)(17)(b) FS. Law Implemented 287.032, 287.042, 287.057(14), 287.057(16), 287.058 FS. History–New 8-19-04, Amended 3-28-07, xx-xx-16

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Daniel May, Governance and Training Manager, 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: December 12, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 7, 2016