Bill Text: FL S1510 | 2011 | Regular Session | Introduced

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Bill Title: State Procurement of Personal Property & Services

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1510 Detail]

Download: Florida-2011-S1510-Introduced.html

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       Florida Senate - 2011                                    SB 1510
       
       
       
       By Senator Latvala
       
       
       
       
       16-01514-11                                           20111510__
    1                        A bill to be entitled                      
    2         An act relating to state procurement of personal
    3         property and services; amending s. 287.012, F.S.;
    4         defining the term “off-the-shelf commodities”;
    5         amending s. 287.056, F.S.; authorizing the purchase of
    6         off-the-shelf commodities that are available under
    7         purchasing agreements and state term contracts when
    8         such purchases are in the best interest of the state;
    9         amending s. 287.057, F.S.; requiring the purchase of
   10         generic equivalent off-the-shelf commodities under
   11         certain circumstances; amending s. 283.33, F.S.;
   12         conforming a cross-reference; providing an effective
   13         date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Present subsections (18) through (28) of section
   18  287.012, Florida Statutes, are renumbered as subsections (19)
   19  through (29), respectively, and a new subsection (18) is added
   20  to that section, to read:
   21         287.012 Definitions.—As used in this part, the term:
   22         (18) “Off-the-shelf commodities” means any supplies,
   23  materials, goods, merchandise, food, or other personal property
   24  that are consumable in nature and have no inherent
   25  characteristics that are or could be deemed proprietary.
   26         Section 2. Subsection (3) of section 287.056, Florida
   27  Statutes, is amended, and subsection (4) is added to that
   28  section, to read:
   29         287.056 Purchases from purchasing agreements and state term
   30  contracts.—
   31         (3) Agencies and eligible users may use a request for quote
   32  to obtain written pricing or services information from a state
   33  term contract vendor for commodities or contractual services
   34  available on state term contract from that vendor or to obtain
   35  written pricing from a qualified vendor to purchase off-the
   36  shelf commodities from that vendor. The purpose of a request for
   37  quote is to determine whether a price, term, or condition more
   38  favorable to the agency or eligible user than that provided in
   39  the state term contract is available. Use of a request for quote
   40  does not constitute a decision or intended decision that is
   41  subject to protest under s. 120.57(3).
   42         (4) Notwithstanding subsection (1), if it is in the best
   43  interest of the state, agencies and eligible users may purchase
   44  off-the-shelf commodities, which are otherwise available under
   45  purchasing agreements established or state term contracts
   46  procured by the department or any agency pursuant to s. 287.057,
   47  from any qualified vendor if the price, terms, or conditions are
   48  more favorable than those in the respective purchasing agreement
   49  or state term contract.
   50         Section 3. Subsection (24) is added to section 287.057,
   51  Florida Statutes, to read:
   52         287.057 Procurement of commodities or contractual
   53  services.—
   54         (24) When purchasing off-the-shelf commodities, an agency
   55  or eligible user shall purchase the generic equivalent of brand
   56  name, off-the-shelf commodities unless the agency or eligible
   57  user can provide adequate justification for the purchase of
   58  similar brand name products.
   59         Section 4. Subsection (1) of section 283.33, Florida
   60  Statutes, is amended to read:
   61         283.33 Printing of publications; lowest bidder awards.—
   62         (1) Publications may be printed and prepared in-house, by
   63  another agency or the Legislature, or purchased on bid,
   64  whichever is more economical and practicable as determined by
   65  the agency. An agency may contract for binding separately when
   66  more economical or practicable, whether or not the remainder of
   67  the printing is done in-house. A vendor may subcontract for
   68  binding and still be considered a responsible vendor,
   69  notwithstanding s. 287.012(25) 287.012(24).
   70         Section 5. This act shall take effect July 1, 2011.