Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-44 - MISCELLANEOUS DISBURSEMENTS › Section 69I-44.005 - Competitive Procurement of Services and Commodities

Current through Reg. 50, No. 138; July 16, 2024
(1) Competitive Bids Required on Purchases
				Exceeding $25,000 - All purchases for which the total contract value is in
				excess of $25,000 for a commodity, group of commodities or services shall be
				made by first securing formal competitive bids, except as provided in
				subsection  69I-44.005(8),
				F.A.C.
(2) Legal Advertisements -
				All purchases in excess of $25,000 shall be advertised at least once in a
				newspaper of general circulation no less than ten (10) calendar days prior to
				the bid opening. This is only a minimal requirement and the complexity of the
				bid specifications should be considered in establishing the frequency, lapse
				time, and number of newspapers in which the advertisement may appear.
(3) Receipt of One Bid in the First Call for
				Bids on Commodities and Services exceeding $25,000 - When only one bid is
				received for the purchase of a commodity, group of commodities, or services
				exceeding $25,000 in the first call for bids, the landowner shall submit to the
				Department the complete file, including a copy of all bids along with a
				tabulation sheet noting "no bid" responses. The Department may, in writing,
				authorize the purchase or make appropriate recommendations for re-bidding. If
				the purchase is authorized, the Department shall state in its written
				authorization the reasons therefor.
(4) No Bid Received - In the event no bids
				are received for commodities or services, the landowner shall advise the
				Department, in writing, the conditions and circumstances surrounding the bid.
				After review, the Department may authorize the landowner to negotiate such
				purchase at the best terms and conditions.
(5) No purchase shall be divided or
				subdivided in order to circumvent the competitive bid requirements of these
				rules.
(6) Determination of Best
				Bid - It shall be the responsibility of the landowner to determine the lowest
				responsible and responsive bidder. In any case where a landowner makes a
				determination to accept a bid other than the low bid meeting specifications and
				conditions for commodities and services, it shall first submit to the
				Department its complete file containing all information available to the
				landowner, including justification for such determination. Failure to follow
				this requirement may cause the item of expense to be disallowed.
(7) Right to Reject Bids - Correction of Bids
				- The landowner shall reserve the right to reject any or all bids and such
				reservation shall be indicated in all advertising and bid invitations. The
				landowner shall reserve the right to waive minor irregularities in an otherwise
				valid bid. A minor irregularity is a variation from the bid invitation terms
				and conditions which does not affect the price of the bid, or give the bidder
				an advantage or benefit not enjoyed by other bidders, or does not adversely
				impact the interests of the State. Variations which are not minor cannot be
				waived. A bidder may not modify its bid after bid opening. Mistakes clearly
				evident on the face of the bid document, such as an error in an arithmetic
				extension of pricing may be corrected by the landowner.
(8) Authorization of Single Source Purchases
				- Purchases of commodities or services from a single source may be exempted
				from bid requirements by the Department, in writing, upon filing a
				certification by the landowner stating the conditions and circumstances
				requiring the purchase be exempted from bid requirements. This certification
				shall set forth the purpose and need and why the commodity or service is the
				only one that will produce the desired results. The Department shall, in
				writing, approve or deny the request stating the reasons
				therefor.
Rulemaking Authority
					 17.29,
					 378.037(2) FS.
					 Law Implemented 378.037
					 FS.
New 8-9-83, Formerly 3A-44.05, Amended 11-30-94, Formerly
					 3A-44.005.