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