Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60A - Division of Purchasing › Chapter 60A-1 - GENERAL REGULATIONS › Section 60A-1.002 - Purchase of Commodities or Contractual Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Agencies are delegated the conditional
				authority to purchase commodities or contractual services (except insurance,
				unless permitted pursuant to Section
				 287.022, F.S.). The conditions
				of this delegation are (i) that the agencies comply with the requirements of
				Section  287.042(12),
				F.S.; (ii) that State Purchasing retains the full supervisory authority
				provided by that subsection; and (iii) that State Purchasing reserves the right
				to rescind the authority delegated to all agencies by amendment to this rule
				and reserves the right to rescind the authority delegated to an agency for
				failure to comply with that subsection.
(2) Purchases with value below $2, 500 shall
				be carried out using good purchasing practices. Such practices include but are
				not limited to the receipt of written quotations or written records of
				telephone quotations.
(3) Purchases
				which meet or exceed $2, 500, but are less than or equal to the threshold for
				Category Two may be made using written quotations, written records of telephone
				quotations, or informal bids to be opened upon receipt, whenever practical. If
				the agency receives verbal quotations, the name and address of each respondent
				and the amount quoted shall be a part of the written documentation. If the
				agency receives less than two quotations, it must include a statement as to why
				additional quotes were not received. If the agency determines that commodities
				or contractual services are available only from a single source, or that
				conditions warrant negotiation on the best terms and conditions, the agency may
				proceed with the procurement. The agency shall document the conditions and
				circumstances used to determine the procurement method.
(4) In accordance with Chapter 287, F.S., all
				purchases for which the total contract value is in excess of the threshold
				amount for Category Two for a commodity or group of commodities or contractual
				service shall be made by first securing formal competitive solicitations,
				unless an exemption applies. The following purchases are not subject to
				competitive solicitation requirements.
(a)
				Regulated Utilities and government franchised services.
(b) Regulated Public communications, except
				long distance telecommunications services or facilities.
(c) Artistic services, which include any
				artistic work performed by an artist, as defined in Section
				 287.012(3),
				F.S., including cases in which the acquisition requires that the artist furnish
				a commodity created through the artistic work.
(d) An academic program review, defined as a
				structured evaluation of the relative merits of an established university or
				secondary educational program or program component conducted by recognized
				experts in the field of study and resulting in a written report with specific
				recommendations.
(e) Lectures by
				individuals. A lecture is a formal or methodical reading or presentation on any
				subject, but it is not intended to be used for the purpose of, or in connection
				with, training of personnel.
(f)
				Auditing services, which are services provided by a licensee under Chapter 473,
				F.S., in which the licensee attests as an expert in accountancy to the
				reliability or fairness of presentation of financial information or utilizes
				any form of disclaimer of opinion which is intended or conventionally
				understood to convey an assurance of reliability as to matters not specifically
				disclaimed.
(g) Promotional
				services and events purchased from donated funds by the Secretary of State for
				purposes provided in Section
				 15.18(7),
				F.S.
(h) Payments for membership
				dues pursuant to Section
				 216.345, F.S.
(i) Examinations approved in accordance with
				Section  455.217(1)(c),
				F.S.
(j) Adoption placement
				services licensed by the Department of Children and Family Services.
(k) Other purchases identified in Section
				 287.057(5)(f),
				F.S.
(l) Purchases from alternate
				contract sources, pursuant to Section
				 287.042(16),
				F.S.
(m) Purchases made by agencies
				pursuant to Section  287.056(1),
				F.S., from state term contracts competitively procured by the
				Department.