This is a substantial rewording for Rule 60A-1.047, F.A.C., Alternate Contract Sources of Commodities and Services. The changes remove unused, duplicative or otherwise unnecessary wording, modify criteria to reflect preferred practices, make ...

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Purchasing

RULE NO.:RULE TITLE:

60A-1.047Alternate Contract Sources of Commodities and Services

PURPOSE AND EFFECT: This is a substantial rewording for Rule 60A-1.047, F.A.C., Alternate Contract Sources of Commodities and Services. The changes remove unused, duplicative or otherwise unnecessary wording, modify criteria to reflect preferred practices, make technical amendments, remove antiquated practices, and provide further flexibility and clarification.

SUMMARY: This proposed rule is a rewrite primarily to incorporate a revised Form for agencies to request the use of Alternate Contract Sources of Commodities and Contractual Services including an Agreement.

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: 287.042(16), 287.057(3)(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: Friday, May 6, 2016, 3:00 p.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 48 hours before the workshop/meeting by contacting: Leigh Anne Frechette, 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: Leigh Anne Frechette, 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 1.047, F.A.C. follows. See Florida Administrative Code for present text.

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

(1) Agencies must request permission 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 (ACS contracts), by submitting Form PUR 7102, “Agency Request for Approval of Alternate Contract Source,” effective May 2016, which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-     or http://dms.myflorida.com/purchasing. The ACS contract must contain specific language authorizing third parties to make purchases from the contract with the vendor’s consent.

(2) 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 287.042(16), 287.057(3)(b) FS. History–New 7-11-04, Amended      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Leigh Anne Frechette, Bureau Chief of Operations

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 1, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 8, 2015