PUBLIC PURCHASING IN FLORIDA. ELEMENTS IN THE PURCHASING PROCESSES (REV. 05/27/08). ELEMENTS IN THE PURCHASING PROCESSES. TEAM/INDIVIDUAL ROLES & RESPONSIBILITIES VENDOR QUESTIONS AND PURCHASING ANSWERS CONDUCTING PRE-BID/PROPOSAL CONFERENCES AMENDING A SOLICITATION.
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ELEMENTS IN THE PURCHASING PROCESSES
TEAM/INDIVIDUAL ROLES & RESPONSIBILITIES
Typical participants in purchasing processes are
Responsible for assuring availability of funds, and setting those funds aside for the intended purchase
Rule 60A-1.016(3), Fla. Admin. Code
Responsibility of the Chief Procurement Officer of each agency:
Ch. 282.0055, FS, Assignment of information technology.--In order to ensure the most effective and efficient use of the state's information technology and information technology resources and notwithstanding other provisions of law to the contrary, policies for the design, planning, project management, and implementation of the enterprise information technology services defined in s. 282.0041(8) shall be the responsibility of the Agency for Enterprise InformationTechnology for executive branch agencies created or authorized in statute to perform legislatively delegated functions. The supervision, design, delivery, and management of agency information technology defined in s. 282.0041(5) shall remain within the responsibility and control of the individual state agency.
VENDOR QUESTIONS AND PURCHASING ANSWERS
CONDUCTING PRE-BID/PROPOSAL CONFERENCES
Again, reference 287.057(4), FS.
The goal of the meeting is to learn from the potential bidders, and improve the solicitation by resolving ambiguities and contradictions, and improving terms & conditions, specifications, statements of work and performance requirements. Sounds obvious, but…
AMENDING A SOLICITATION
"Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes."
REVISING A DUE DATE
RECEIVING BIDS AND PROPOSALS
HANDLING LATE BIDS
A REAL-LIFE EXAMPLE
OPENING BIDS AND PROPOSALS
INVITATION TO NEGOTIATE (cont.):
The negotiation team members need to have a common understanding of the outcome their agency is seeking. At a minimum, desired outcome would include the
TEAM MEETINGS. Teams will meet among themselves when preparing the ITN, and when preparing for vendor meetings and/or revision of requirements (addenda to the ITN).
TEAM & VENDOR MEETINGS. Meet separately with each selected vendor for fact finding and proposal development (caveat: 286.011 FS). Be open to further revisions (addenda) of the requirements. 286.0113 General exemptions from public meetings.-- (2)(a) A meeting at which a negotiation with a vendor is conducted pursuant to s. 287.057(3) is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
RESOLVING TIE BIDS
Award of identical evaluations of responses per 60A-1.011, FAC, in order listed:
BEST AND FINAL OFFERS
Best-and-final offer language clearly informs vendors involved in negotiations with the state that this (BAFO) offer will be the last iteration in what may have been a series of offers.
DETERMINING RESPONSIVENESS & RESPONSIBILITY
S.287.057, FLORIDA STATUTES, ADDRESSES AWARD OF BIDS, PROPOSALS AND NEGOTIATIONS TO RESPONSIVE AND RESPONSIBLE VENDORS.
“RESPONSIVE BID OR PROPOSAL” MEANS A BID OR PROPOSAL OR REPLY …THAT CONFORMS IN ALL MATERIAL RESPECTS to THE SOLICITATION.
Methods of addressing responsibility in the solicitation, include but are not limited to:
Methods of addressing responsibility in the solicitation:
SAME CAUTION AS WITH “RESPONSIVENESS”:
MISTAKES IN BIDS AND PROPOSALS
POSTING INTENDED DECISIONS
HANDLING PROTESTS, INCLUDING FLORIDA CASES
Possible outcomes of a formal protest
MAINTAINING A PROCUREMENT FILE
PUBLIC RECORDS REQUESTS
If in doubt about any public records request, consult counsel before acting, and proceed in accordance with the policy of your agency.
DEFERRED PAYMENT CONTRACTS
REF. S. 287.063 FS
BLANKET PURCHASE ORDERS
BPOs may be appropriate in the following circumstances:
Vendor advantage: A blanket purchase order can allow a vendor a contract enabling him to plan for multiple sales over an estimated time period at pre-arranged terms, with an estimate of the total amount of business
Buyer advantage: A blanket purchase order can allow the agency’s designated representative to order within pre-approved limitations without the delays of going back through the approval process each time
(Reference State Purchasing Memorandum No. 03, 2003-04)
VENDORS & CONTRACTORS go to http://dms.myflorida.com/dms/purchasing
YOU WILL FIND LINKS TO TWO DOCUMENTS:
ELEMENTS IN THE PURCHASING PROCESSES
Thanks Big Spenders!