Florida Administrative Code › 53 - DEPARTMENT OF THE LOTTERY › 53 - Departmental › Chapter 53ER07 - EMERGENCY RULE FOR YEAR 2007 › Section 53ER07-55 - Procurement of Commodities and Contractual Services

Current through Reg. 50, No. 138; July 16, 2024
(1) The secretary or a designee is authorized
				to execute contracts for commodities and contractual services which are to be
				used in the normal operation of the Lottery provided that such contracts are
				made in accordance with the provisions of these rules. The Lottery specifically
				finds that, due to the unique nature of its business, strict compliance with
				Chapter 287, F.S., and the rules adopted thereunder, would impair or impede the
				effective and efficient operation of the Lottery. Therefore, the Lottery is
				adopting this rule to provide the following alternative procedures for
				purchasing commodities and contractual services in an open and competitive
				manner. Chapter 287, F.S., and the rules (excluding the forms) adopted
				thereunder shall govern in all areas not specifically addressed.
(2) A formal competitive process is required
				for the purchase of commodities or contractual services that have a total
				contract value in excess of the threshold for Category Three of the purchasing
				categories established in Section
				 287.017, F.S., unless the
				purchase is a single source, emergency, state term contract or purchasing
				agreement, or is a purchase of the commodities or services specified in Section
				 287.057(3)(e),
				F.S., or paragraph  60A-1.002(4)(c),
				F.A.C.
(3) Purchases that have a
				total contract value less than or equal to the threshold for Category Three
				will be made using an informal competitive process unless there are exigencies
				that prevent the use of such process or unless the purchase is a single source,
				emergency or state term contract or purchasing agreement purchase.
(4) Legal Notice. All purchases of
				commodities or contractual services in excess of the threshold amount for
				Category Three that are to be acquired by a formal competitive process shall be
				posted electronically as defined in Section
				 287.012(10),
				F.S., at a centralized Internet website designated by the Department of
				Management Services no less than 10 calendar days prior to the date set for
				receipt of submissions to the procurement solicitation document
				("submissions").
(5) Procedures
				Regarding Submissions.
(a) Submissions shall
				be opened publicly at the time and place designated in the procurement
				solicitation document. The name of each vendor shall be recorded, and in the
				case of an invitation to bid, the amount of the bid shall be recorded. Sealed
				submissions are not public records subject to the provisions of Chapter 119,
				F.S., until such time as the agency provides notice of a decision or intended
				decision or within ten days after submission opening, whichever is earlier.
				When the competitive procurement document requires the submission to be placed
				in two separately sealed envelopes to be submitted simultaneously and not
				opened on the same date, the 10-day period begins the day after the opening of
				the second envelope.
(b) In the
				event that only one or no responsive submissions are received, the Lottery
				shall review the situation in order to determine the reasons, if any, why only
				one or no responsive submissions were received before making a determination of
				whether or not to issue a second procurement solicitation document. If the
				Lottery determines that the commodities or contractual services are available
				only from a single source, or that conditions and circumstances warrant
				negotiation on the best terms and conditions, the Lottery's intended decision
				shall be posted in accordance with Section
				 120.57(3),
				F.S., and paragraph (7)(a) below before the Lottery proceeds with procurement.
				The Lottery shall document the conditions and circumstances used in making the
				decision to proceed without a second call for submissions.