60A-1, Fla. Admin. 60A-1, Fla. Admin. CodeCode

A brief overview ofA brief overview of

2004 Rulemaking Changes 2004 Rulemaking Changes

About This Presentation:About This Presentation:

►Not intended to be exhaustive coverage Not intended to be exhaustive coverage of rules and rulemaking process, only a of rules and rulemaking process, only a summary of the “Top Ten” changes.summary of the “Top Ten” changes.

►Current text of the code can always be Current text of the code can always be reviewed at reviewed at http://fac.dos.state.fl.ushttp://fac.dos.state.fl.us (scroll down to Chapter 60 and click. A (scroll down to Chapter 60 and click. A large .pdf file will open.)large .pdf file will open.)

Table of ContentsTable of Contents► A. IntroductionA. Introduction► B. Top Ten ChangesB. Top Ten Changes

1. Eligible Users1. Eligible Users 2. STC Usage; Exceptions2. STC Usage; Exceptions 3. New RFI and RFQ rules3. New RFI and RFQ rules 4. Default [60A-1.006(3)]4. Default [60A-1.006(3)] 5. SPA Program5. SPA Program 6. New Single Source forms6. New Single Source forms 7. New Emergency form7. New Emergency form 8. New Non-Compliance form8. New Non-Compliance form 9. New Alt. Contract Source request form9. New Alt. Contract Source request form 10. New PUR 1000 and 100110. New PUR 1000 and 1001

Introduction – 2 Guiding Introduction – 2 Guiding PrinciplesPrinciples

► 1. Update rules to 1. Update rules to reflect current reflect current statutes. statutes.

► Examples: Examples: defining “eligible defining “eligible

user”user”

Addressing RFIsAddressing RFIs

Addressing RFQsAddressing RFQs

► 2. Re-organize and 2. Re-organize and focus on “single focus on “single subjects.”subjects.”

► Examples:Examples: 60A-1.012 Purchasing 60A-1.012 Purchasing

CategoriesCategories 60A-1.021 Legal 60A-1.021 Legal

AdvertisementsAdvertisements 60A-1.026 60A-1.026

Interagency Planning Interagency Planning and Cooperationand Cooperation

60A-1.005, Eligible Users60A-1.005, Eligible Users

► HB 1977 made statutory changes that HB 1977 made statutory changes that required DMS to define this phrase by rule.required DMS to define this phrase by rule. 60A-1.005 Eligible Users.60A-1.005 Eligible Users.

The following entities are eligible users:The following entities are eligible users:(1) All governmental agencies, as defined in (1) All governmental agencies, as defined in Section 163.3164, F.S., which have a Section 163.3164, F.S., which have a physical presence within the State of physical presence within the State of Florida;Florida;

(2) Any independent, nonprofit college or (2) Any independent, nonprofit college or university that is located within the State university that is located within the State of Florida and is accredited by the Southern of Florida and is accredited by the Southern Association of Colleges and Schools.Association of Colleges and Schools.

Specific Authority 287.042(12) FS. Law Specific Authority 287.042(12) FS. Law Implemented 287.012(12) FS. History–New 8-Implemented 287.012(12) FS. History–New 8-24-04.24-04.

60A-1.044, State Term 60A-1.044, State Term Contracts; Usage and Contracts; Usage and

Exclusivity; ExceptionsExclusivity; Exceptions► Contains items formerly found in 60A-1.008(3)Contains items formerly found in 60A-1.008(3)

(a), (4), and (5).(a), (4), and (5).► Summarizes 287.056, F.S. regarding Summarizes 287.056, F.S. regarding

mandatory agency usage of State Term mandatory agency usage of State Term Contracts.Contracts.

► Also retains the exceptions agencies may Also retains the exceptions agencies may claim when they desire to purchase from a claim when they desire to purchase from a vendor other than an STC vendor.vendor other than an STC vendor.

► Subsection 2 also contains a mere Subsection 2 also contains a mere encouragement to vendors to offer STC pricing encouragement to vendors to offer STC pricing to 501(c)(3) organizations (charities, etc).to 501(c)(3) organizations (charities, etc).

60A-1.042, Request for 60A-1.042, Request for InformationInformation

60A-1.043, Request for Quotes60A-1.043, Request for Quotes►These concepts also added to Chapter These concepts also added to Chapter

287, FS by HB 1977 two years ago.287, FS by HB 1977 two years ago.

►New 60A-1.042 provides basic New 60A-1.042 provides basic authority for agencies to issue RFIs authority for agencies to issue RFIs when gathering information. when gathering information.

►New 60A-1.043 encourages RFQs in all New 60A-1.043 encourages RFQs in all multiple-vendor situations.multiple-vendor situations.

DefaultDefault

► Still found in 60A-1.006(3), F.A.C.Still found in 60A-1.006(3), F.A.C.► Process is summarized as follows:Process is summarized as follows:

First letter represents a “warning shot.” Gives First letter represents a “warning shot.” Gives vendor notice of breach and reasonable time to vendor notice of breach and reasonable time to cure.cure.

If breach continues, second letter advises vendor of If breach continues, second letter advises vendor of breach and that agency will re-procure. Letter also breach and that agency will re-procure. Letter also contains amount of re-procurement and a notice of contains amount of re-procurement and a notice of Ch. 120, F.S. rights.Ch. 120, F.S. rights.

Vendor can only “rehabilitate” itself by paying the Vendor can only “rehabilitate” itself by paying the re-procurement costs and providing assurances to re-procurement costs and providing assurances to agency that causes of default have been fixed.agency that causes of default have been fixed.

►Non-DMS agencies may notify us of default Non-DMS agencies may notify us of default events, and we can “suspend” the vendor.events, and we can “suspend” the vendor.

60A-1.025, State Purchasing 60A-1.025, State Purchasing AgreementsAgreements

► SPA program replaces old SNAPS II program. SPA program replaces old SNAPS II program. SPA program driven by users’ needs, SPA program driven by users’ needs, notnot driven by vendors’ desire to get a “hunting driven by vendors’ desire to get a “hunting license.”license.”

► Agencies and other eligible users use new Agencies and other eligible users use new PUR 7721 to make a SPA request. SPA team PUR 7721 to make a SPA request. SPA team attempts to place a contract with a provider attempts to place a contract with a provider for the requested goods or service.for the requested goods or service.

► Agencies and users encouraged to review Agencies and users encouraged to review existing SPA contracts – increased usage may existing SPA contracts – increased usage may result in even greater savings; SPA result in even greater savings; SPA agreements with exceptional usage may be agreements with exceptional usage may be eligible for State Term Contract status.eligible for State Term Contract status.

60A-1.010, Single Source…60A-1.010, Single Source…

► Rule re-written to clarify certain matters.Rule re-written to clarify certain matters.► Three new forms:Three new forms:

PUR 7776 used by the agency when announcing its PUR 7776 used by the agency when announcing its intent to enter into a single sourceintent to enter into a single source

PUR 7777 used to request approval from DMS, when PUR 7777 used to request approval from DMS, when necessary (value greater than Category 4)necessary (value greater than Category 4)

PUR 7778 used to post final notice of award.PUR 7778 used to post final notice of award.

► Forms are all available electronically; ideally, Forms are all available electronically; ideally, forms are submitted, reviewed, and stored forms are submitted, reviewed, and stored electronically – no need for a Single Source file-electronically – no need for a Single Source file-room at DMS.room at DMS.

60A-1.009, Emergency 60A-1.009, Emergency PurchasesPurchases

►Rule re-written for clarity.Rule re-written for clarity.►New form PUR 7800 used to notify DMS New form PUR 7800 used to notify DMS

of purchases. of purchases. ►Form should be emailed to DMS Form should be emailed to DMS

whenever possible, for electronic whenever possible, for electronic archiving.archiving.

►(Note: Old PUR 7006 has been removed (Note: Old PUR 7006 has been removed entirely. New forms replace all previous entirely. New forms replace all previous uses.)uses.)

60A-1.016 and PUR 101060A-1.016 and PUR 1010

► This rule is combined from old rules (notably This rule is combined from old rules (notably the old version of 60A-1.016 and the old the old version of 60A-1.016 and the old 60A-1.001(15).) 60A-1.001(15).)

► Agencies must notify DMS if they begin Agencies must notify DMS if they begin receiving services in the 30-day window receiving services in the 30-day window prior to signing a contract. prior to signing a contract.

► Agencies must use the new PUR 1010 to Agencies must use the new PUR 1010 to notify DMS. The form, along with all others, notify DMS. The form, along with all others, is available online, and can easily be filled is available online, and can easily be filled out and emailed to us. out and emailed to us.

60A-1.047, Alternate Contract 60A-1.047, Alternate Contract SourcesSources

► This rule expands the Alternate Contract This rule expands the Alternate Contract Source concept significantly.Source concept significantly.

►New rule summarized as follows: New rule summarized as follows: Agencies submit PUR 7102 to request an ACS. Agencies submit PUR 7102 to request an ACS. DMS may approve the request, for either a single DMS may approve the request, for either a single

purchase or multiple purchases. purchase or multiple purchases. DMS may DMS may independentlyindependently identify ACS opportunities identify ACS opportunities

and approve them (“quasi-state term contracts”) and approve them (“quasi-state term contracts”) DMS will post approved ACS contracts online, so DMS will post approved ACS contracts online, so

that agencies can review. that agencies can review. In order to accommodate additional cooperative In order to accommodate additional cooperative

purchasing, agencies are encouraged to include purchasing, agencies are encouraged to include the specified language in their contracts. the specified language in their contracts.

60A-1.002 and PUR 1000 & 60A-1.002 and PUR 1000 & 10011001

►Saving the best for last…Saving the best for last…►All previous Bidder Acknowledgement All previous Bidder Acknowledgement

forms are obsolete.forms are obsolete.►All solicitations (regardless of type) All solicitations (regardless of type)

must include PUR 1001 “Standard must include PUR 1001 “Standard Instructions” and PUR 1000 “Standard Instructions” and PUR 1000 “Standard Terms and Conditions.”Terms and Conditions.”

continued next continued next pagepage

60A-1.002 and PUR 1000 & 60A-1.002 and PUR 1000 & 10011001

►On PUR 1001 – Instructions.On PUR 1001 – Instructions. Agencies must add materials to the General Agencies must add materials to the General

Instructions. Rule requires “additional Instructions. Rule requires “additional materials specific to each particular materials specific to each particular solicitation, including but not limited to solicitation, including but not limited to contact information, a solicitation timeline, a contact information, a solicitation timeline, a location for the public opening, evaluation location for the public opening, evaluation criteria, required information regarding criteria, required information regarding renewal of the contract, and any other renewal of the contract, and any other necessary information.”necessary information.”

continued next pagecontinued next page

60A-1.002 and PUR 1000 & 60A-1.002 and PUR 1000 & 10011001

► On PUR 1000 – General Terms and ConditionsOn PUR 1000 – General Terms and Conditions Rule requires agencies to include this form but Rule requires agencies to include this form but

also allows agencies the flexibility to attach also allows agencies the flexibility to attach "Special Conditions" that provide more terms or "Special Conditions" that provide more terms or even supercede the PUR form, if necessary. even supercede the PUR form, if necessary.

An example: An example: Paragraph 34 of PUR 1000 requires Paragraph 34 of PUR 1000 requires a Contractor to maintain "commercial insurance a Contractor to maintain "commercial insurance of such a type and with such terms and limits as of such a type and with such terms and limits as may be reasonably associated with the may be reasonably associated with the Contract." This may be a reasonable paragraph Contract." This may be a reasonable paragraph on it own, but an agency is free to attach Special on it own, but an agency is free to attach Special Conditions that specify more detailed insurance Conditions that specify more detailed insurance requirements.requirements.

continued next pagecontinued next page

60A-1.002 and PUR 1000 & 60A-1.002 and PUR 1000 & 10011001

►Under this amended rule, the basic Under this amended rule, the basic framework for a solicitation looks framework for a solicitation looks something like this:something like this: PUR 1001 (General Instructions) and PUR 1001 (General Instructions) and

agency-specific Instructionsagency-specific Instructions PUR 1000 (General Contract Terms) and PUR 1000 (General Contract Terms) and

agency-specific Contract Termsagency-specific Contract Terms Technical Specifications or Scope of WorkTechnical Specifications or Scope of Work Other (Required Forms, etc)Other (Required Forms, etc)

More Rulemaking InformationMore Rulemaking Information

►Some minor rulemaking still in progressSome minor rulemaking still in progress More changes to 60A-1.015, insuranceMore changes to 60A-1.015, insurance Clarifying the tie-bid rule, 60A-1.011Clarifying the tie-bid rule, 60A-1.011 Attempting to replace the “old” 60A-Attempting to replace the “old” 60A-

1.002(5) regarding negotiation when fewer 1.002(5) regarding negotiation when fewer than two responsive bids are receivedthan two responsive bids are received

►Workshop Tuesday, August 24, 2 p.m. at Workshop Tuesday, August 24, 2 p.m. at State Purchasing, Suite 101State Purchasing, Suite 101

Comments, QuestionsComments, Questions

►We welcome your constructive comments We welcome your constructive comments regarding these changes, or any other regarding these changes, or any other changes you feel are necessary. changes you feel are necessary. We can’t “unmake” these changes, but future We can’t “unmake” these changes, but future

rulemaking is possible if warranted.rulemaking is possible if warranted. Rich Brown already maintains a “wish list” of Rich Brown already maintains a “wish list” of

future items to address, typos to correct, future items to address, typos to correct, formatting issues, etc.formatting issues, etc.

► Email us. Email us. brownr2@dms.state.fl.usbrownr2@dms.state.fl.us. Please . Please put the phrase “60A-1 Rulemaking” in the put the phrase “60A-1 Rulemaking” in the Subject.Subject.