67-49.002. Procurement of Commodities or Contractual Services

(1)(a) When the purchase price of a commodity or contractual service does not exceed $35,000 in any 12-month period, including all delivery costs and administrative costs, then the Corporation may proceed with the procurement of commodities or contractual services without a competitive solicitation. In these instances, the Corporation must obtain at least two written quotations or make a written record of at least two quotes obtained verbally, including the name and address of the company and amount quoted, for Contractual Services or Commodities that exceed $15,000 and are not available through a vendor under a Cooperative Contract. If the Corporation does not obtain at least two quotations, the Corporation shall document why they were not obtained.

(b) When the purchase price of Commodities or Contractual Services exceeds or is estimated to exceed $35,000, in any 12 month period, purchases of these Commodities or Contractual Services, except as otherwise provided in subsections 67-49.002(3) and (4), F.A.C., must be made pursuant to a competitive solicitation.

(2)(a) The Corporation shall post any competitive solicitation on its Website. There will be a minimum of 7 days between the publication date of the notice and the due date of the responses. The competitive solicitation shall describe the Commodities or Services and require prices, fees, or both to be stated in the Response, and include the contract period(s).

(b) For those contracts that are subject to renewal, the contract award shall include an evaluation of offers or bids for the entire initial contract period. Pricing for any optional renewal periods may be negotiated at the time of renewal.

(3) The purchase of Commodities or Contractual Services are exempt from competitive solicitation if the Corporation purchases such services or commodities from a vendor under a contract negotiated and executed by the Florida Department of Management Services.

(4) The following Contractual Services and Commodities are not subject to the competitive sealed response requirements of paragraph (1)(b):

(a) Artistic services.

(b) Lectures by individuals.

(c) Legal services, including attorney, paralegal, expert witness, appraisal, or mediation services.

(d) Printing and binding of Corporation publications.

(e) Event space and lodging needed to conduct Corporation business, including Board of Directors meetings, statewide or regional conferences, and programmatic workshops.

(f) Corporate insurance policies, including any brokerage or agent services.

(g) Employee benefit services, including any brokerage or agent services.

(h) Payroll services.

(i) Real estate transactions required to secure space for Corporation employees to conduct business.

(j) Services or Commodities provided by governmental entities, including, but not limited to, Florida State Universities and State Colleges, or by any independent, nonprofit college or university which is accredited by the Southern Association of Colleges and Schools and is located within the state.

(k) Contracts where the contractor is prescribed by state or federal law, or where payment is established during the appropriations process.

(5) The Corporation may use cooperative purchasing agreements for Commodities or Contractual Services in addition to those negotiated by the Florida Department of Management Services.

Rulemaking Authority 420.507(12) FS. Law Implemented 420.507(13), (27) FS. History–New 1-31-99, Amended 3-12-02, 9-14-03, 2-24-14, 2-28-18, 2-13-20, 8-10-21.