(1)
Colleges shall, as the circumstances require, publicly solicit the submittal of
competitive offers from at least three (3) sources, when purchasing services or
commodities exceeding the amount as specified in Section
287.017, F.S., for Category
Three. Solicitations of competitive offers are defined as:
(a) "Competitive sealed bids, " "competitive
sealed proposals" or "competitive sealed replies, " means the process of
receiving competitive offers transmitted by secured electronic means or written
bids, proposals, or replies.
(b)
"Competitive solicitations" or "solicitations" means an invitation to bid, a
request for proposal, request for quote, or an invitation to negotiate.
Boards of trustees may adopt smaller amounts beyond which to
require the solicitation of competitive offers. The college president or
designee reserves the right to reject any or all offers submitted in response
to the college's solicitation, and/or solicit new offers as deemed in the
college's best interest. When accepting responsive offers to the college's
solicitations, colleges shall accept the lowest or best responsive offer. If
other than the lowest or best offer meeting specifications is accepted, the
college shall maintain a public record of the justification. Recommendation for
awards not exceeding the Category Five threshold as specified in Section
287.017, F.S., may be approved
or rejected by the president or a designee if such authority is delegated in
policy adopted by the board of trustees. Recommendation for awards exceeding
the Category Five threshold as specified in Section
287.017, F.S., shall be approved
or rejected by the board of trustees.
(2) Exceptions to the requirement to solicit
competitive offers are:
(a) Educational
tests, textbooks, instructional materials and equipment, films, filmstrips,
video tapes, disc or tape recordings or similar audio-visual materials, graphic
and computer based instructional software.
(b) Library books, reference books,
periodicals, and other library materials and supplies.
(c) Purchases at the unit or contract prices
established through competitive solicitations by any unit of government
established by law or buying cooperatives.
(d) Food.
(e) Services or commodities available only
from a single or sole source.
(f)
Professional services, including, but not limited to, artistic services,
instructional services, health services, academic program reviews, lectures by
individuals, attorneys, legal services, auditors, and management
consultants.
(g) Information
technology resources defined as all forms of technology used to create,
process, store, transmit, exchange and use information in various forms of
voice, video and data, and shall also include the personnel costs and contracts
that provide direct information technology support consistent with each
individual college's information technology plan.
(h) Single source procurements for purposes
of economy or efficiency in standardization of materials or
equipment.
(i) Items for
resale.
(3) The college
president or designee, may waive solicitation requirements in emergencies when
there is an imminent threat to students, employees, or public safety or in
cases when necessary to prevent damage to the facilities caused by an
unexpected circumstance in accordance with rules established by the local board
of trustees.
(4) When a board of
trustees solicits the submittal of competitive offers and only one responsive
offer is submitted, the college may purchase such products or service under the
best terms it can negotiate.
Notes
Fla. Admin.
Code Ann. R. 6A-14.0734
Rulemaking Authority
1001.02(1) FS.
Law Implemented 1001.02,
1010.01,
1010.02
FS.
Formerly 6A-8.121,
Repromulgated 12-19-74, Amended 12-26-77, 6-12-83, 6-27-85, Formerly 6A-14.734,
Amended 9-30-86, 11-12-91, 12-18-94, 6-18-96, 2-10-99, 7-20-04,
6-20-07.
New 12-19-74, Formerly 6A-8.121, Amended 12-26-77, 6-12-83,
6-27-85, Formerly 6A-14.734, Amended 9-30-86, 11-12-91, 12-18-94, 6-18-96,
2-10-99, 7-20-04, 6-20-07.
