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Overview of Chapter 287, F.S., 60A-1, F.A.C., and Other Materials Related to Florida Purchasing

This overview provides a comprehensive look at Florida's purchasing laws, including Chapter 287 of the Florida Statutes and Rule 60A-1 of the Florida Administrative Code. It covers topics such as code of ethics, public records, public meetings, public purchasing, and more.

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Overview of Chapter 287, F.S., 60A-1, F.A.C., and Other Materials Related to Florida Purchasing

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  1. Overview of Chapter 287, F.S., 60A-1, F.A.C., and Other Materials Related to Florida Purchasing Summer, 2008

  2. Goal: • Familiarity • Foundation

  3. Why? • Statutory • Accountability • Good Business Practice

  4. High Level • 112 • 119 • 120 • 215 • 282 • 283 • 286 • 287 • 413 • 672 • 812 • 815 • 838 • 839 • 946

  5. High Level 112 119 120 215 282 283 286 287 413 672 812 815 838 839 946 Part III – Code of Ethics Public Records APA Financial Matters STO Public Printing Public Meetings Public Purchasing RESPECT UCC Theft, Robbery and Related Crimes Computer Related Crimes Bribery; Misuse of Public Office Offences by Public Officers and Employees PRIDE

  6. High Level 112 119 120 215 282 283 286 287 413 672 812 815 838 839 946 Public Records Public Meetings Public Purchasing

  7. Ch. 287, F.S.High Level 287.001  Legislative intent. 287.012  Definitions. 287.017  Purchasing categories. 287.032  Purpose of department. 287.042  Powers, duties, and functions.

  8. 287.055  CCNA • 287.056  STC • 287.057  Procurement of Commodities or Contractual services. • 287.0571 thru 287.0574  FEGA • 287.058  Contract document. • 287.0582  Contracts which require annual appropriation; contingency statement. • 287.074  Prohibited actions by contractor personnel. • 287.075  Materially interested contractor; prohibition on certain activities. • 287.076  Project Management Professionals training for personnel involved in managing outsourcings; funding.

  9. 287.082  Commodities manufactured, grown, or produced in state given preference. • 287.084  Preference to Florida businesses. • 287.087  Preference to businesses with drug-free workplace programs. • 287.092  Preference to certain foreign manufacturers. • 287.093 - 287.0947 MBE and OSD • 287.095  PRIDE • 287.132  Legislative intent with respect to integrity of public contracting and purchasing process. • 287.133  Public entity crime • 287.134  Discrimination; denial or revocation of the right to transact business with public entities. • 287.1345  Surcharge on users of state term contracts; deposit of proceeds collected.

  10. Focus • 287.001  Legislative intent. • 287.042  Powers, duties, and functions. • 287.056  STC • 287.057  Procurement of Commodities or Contractual services. - 287.058  Contract document.

  11. 287.001 • fair and open competition • reduce the appearance and opportunity for favoritism • inspires public confidence that contracts are awarded equitably and economically • curbing any improprieties • establish public confidence • adherence to ethical considerations

  12. 287.042 • Suspended vendor list • RESPECT and PRIDE • Rulemaking authority • Delegation of Purchasing Authority • Alternate Source Contracts

  13. 287.057 • ITB, RFP and ITN • Exceptions • Negotiate if less than one responsive bid • No dividing procurements • Extension provision • Renewal • Certified contract negotiators and PMPs

  14. 287.056 • State Term Contract Utilization • Who? • How?

  15. 287.058Contract Document

  16. 287.058 • Except as provided, contracts for services that have a value of greater than $25,000 shall be written, have all contractual conditions contained therein, which shall include the following: • (a)  A provision that bills for fees or other compensation for services or expenses be submitted in detail sufficient for a proper preaudit and postaudit; • (b)  A provision that bills for any travel expenses be submitted in accordance with s. 112.061; • (c)  A provision allowing unilateral cancellation by the agency for refusal by the contractor to allow public access to public records made or received that relate to the contract; • (d)  Divide and identify all contract deliverables that must be received before payment; • (e)  A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract; and • (f)  Renewal provision (contract may be renewed for a period that may not exceed 3 years or the term of the original contract, whichever period is longer) specifying the renewal price for the contractual service as set forth in the bid.

  17. Is this it?

  18. 60A-1Division of PurchasingGeneral Regulations

  19. 60A-1 • 60A-1.001. Definitions. • 60A-1.002. Purchase of Commodities or Contractual Services. • 60A-1.005. Eligible Users. • 60A-1.006. Vendors and Contractors. • 60A-1.007. Standards and Specifications. • 60A-1.011. Identical Evaluations of Responses. • 60A-1.012. Purchasing Categories and Adjustments Thereto. • 60A-1.015. Insurance. • 60A-1.016. Contract and Purchase Order Requirements. • 60A-1.017. Acquisition of Commodities through Construction Contracts or Contracts Which Include Services.

  20. continued • 60A-1.021. Electronic Posting of Decisions and Intended Decisions. • 60A-1.025. State Purchasing Agreements. • 60A-1.026. Interagency Planning and Cooperation. • 60A-1.030. MyFloridaMarketPlace Vendor Registration. • 60A-1.031. MyFloridaMarketPlace Transaction Fee. • 60A-1.032. MyFloridaMarketPlace Transaction Fee Exceptions. • 60A-1.041. Solicitation Requirements. • 60A-1.042. Request for Information.

  21. concluded • 60A-1.043. Request for Quotes. • 60A-1.044. State Term Contracts; Usage and Exclusivity; Exceptions. • 60A-1.045. Single Source Purchases of Commodities or Contractual Services. • 60A-1.046. Emergency Purchases of Commodities or Contractual Services. • 60A-1.047. Alternate Contract Sources of Commodities and Services. • 60A-1.048. Renewal and Extension. • 60A-1.063. Present Value Methodology.

  22. PUR Forms • PUR 1000 • PUR 1001

  23. Questions?

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