Title: State Procurement of Personal Property & Services

Summary: Defines the term "off-the-shelf commodities." Authorizes the purchase of off-the-shelf commodities that are available under purchasing agreements and state term contracts when such purchases are in the best interest of the state. Requires the purchase of generic equivalent off-the-shelf commodities under certain circumstances. Conforms a cross-reference.

Full Text:
An act relating to state procurement of personal property and services; amending s. 287.012, F.S.; defining the term  off-the-shelf commodities ; amending s. 287.056, F.S.; authorizing the purchase of off-the-shelf commodities that are available under purchasing agreements and state term contracts when such purchases are in the best interest of the state; amending s. 287.057, F.S.; requiring the purchase of generic equivalent off-the-shelf commodities under certain circumstances; amending s. 283.33, F.S.; conforming a cross-reference; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Present subsections (18) through (28) of section 287.012, Florida Statutes, are renumbered as subsections (19) through (29), respectively, and a new subsection (18) is added to that section, to read: 287.012 Definitions. As used in this part, the term: (18)   Off-the-shelf commodities  means any supplies, materials, goods, merchandise, food, or other personal property that are consumable in nature and have no inherent characteristics that are or could be deemed proprietary. Section 2. Subsection (3) of section 287.056, Florida Statutes, is amended, and subsection (4) is added to that section, to read: 287.056 Purchases from purchasing agreements and state term contracts.  (3) Agencies and eligible users may use a request for quote to obtain written pricing or services information from a state term contract vendor for commodities or contractual services available on state term contract from that vendor or to obtain written pricing from a qualified vendor to purchase off-the shelf commodities from that vendor.The purpose of a request for quote is to determine whether a price, term, or condition more favorable to the agency or eligible user than that provided in the state term contract is available. Use of a request for quote does not constitute a decision or intended decision that is subject to protest under s. 120.57(3). (4) N otwithstanding subsection (1),if it is in the best interest of the state, agencies and eligible users may purchase off-the-shelf commodities, which are otherwise available under purchasing agreements established or state term contracts procured by the department or any agency pursuant to s. 287.057,from any qualified vendor if the price, terms, or conditions are more favorable than those in the respective purchasing agreement or state term contract. Section 3. Subsection (24) is added to section 287.057, Florida Statutes, to read: 287.057 Procurement of commodities or contractual services.  (24)  When purchasing off-the-shelf commodities, an agency or eligible user shall purchase the generic equivalent of brand name, off-the-shelf commodities unless the agency or eligible user can provide adequate justification for the purchase of similar brand name products. Section 4. Subsection (1) of section 283.33, Florida Statutes, is amended to read: 283.33 Printing of publications; lowest bidder awards.  (1) Publications may be printed and prepared in-house, by another agency or the Legislature, or purchased on bid, whichever is more economical and practicable as determined by the agency. An agency may contract for binding separately when more economical or practicable, whether or not the remainder of the printing is done in-house. A vendor may subcontract for binding and still be considered a responsible vendor, notwithstanding s. 287.012 (25) 287.012 (24).Section 5. This act shall take effect July 1, 2011.