Purchasing Directors’ Meeting April 21, 2011

Purchasing Directors’ Meeting April 21, 2011

Purchasing Directors’ MeetingApril 21, 2011 • Agenda • Bureau of Transportation, Facilities & Supplies • Bureau of Technology, Office Equipment & Support Services • Bureau of Services, Supplies, Insurance & Special Programs • Training and Certification • State Purchasing Operations/MyFloridaMarketPlace • Governance • Reminder About Next Meeting Date

Bureau of Transportation, Facilities andSupplies Team 1 – Transportation & Energy • Construction, Industrial, Agricultural & Lawn Equipment • Annual product and pricing adjustment requests are under review. • Motor Vehicles • Manufacturers expect that the supplier strike mentioned last month will not be impactful to deliveries. • As we’re approaching the production cut-off period, please remember to: • Follow-up on outstanding orders to check status. • Watch the STC website regarding production cut-offs and follow-up with dealers. • Next solicitation: • We expect specifications to be released in July. • Pending delivery of those specs, we’ll plan to launch our solicitation in August/September.

Bureau of Transportation, Facilities andSupplies Team 2 – Institutional Furnishings & Supplies • Ice Making Machines • Expires April 29, 2011. • Next action recommendation is in development. • Very low sales. • Will likely renew for a short period then allow expiration.

Bureau of Transportation, Facilities andSupplies Team 3 – MRO & Law Enforcement • MRO Industrial Supplies (WSCA) • WSCA contract with Grainger is effective through April 30, 2011. • A new WSCA contract went into effect March 1, 2011. • Analysis of new contract pricing shows • Florida STCs for filters, lamps, electrical equipment and tools are still competitive and in most cases, lower priced. • Pricing on remaining items looks to be slightly better than the previous agreement for about half of Florida’s market basket items. • The new WSCA agreement is significantly different than the last: • Multiple Award (Grainger, MSC, Fastenal) • Vendors offer varying opportunities for additional savings. • Vendors offer additional discounts or fees for single award – several states have adopted this strategy. • Florida’s approach is still in discussion/development. • Contact Greg Hill at 850-922-1214

Bureau of Technology, Office Equipment & Support Services • Current Solicitations: • Land Mobile FM or PM Comms Equipment ITB • ITB Launched 1/12/2011 • Intent to Award est. 4/26/2011 • Contract Effective Date est. ?

Bureau of Technology, Office Equipment, & Support Services • Library Materials STC # 715-001-07-1: • Library Materials Annual Add-On ITB • Launched 3/2/2011 • Posted Intent to Award 4/4/2011 • Awarded 6 x Vendors • Contracts pending execution

Bureau of Technology, Office Equipment, & Support Services • Contract Update: • Envelopes, Kraft, White Wove, Others 310-000-07-1 • Contract Manager: Shameka Smith, 414-6740 • The Envelopes Product Group of MeadWestvaco has been acquired by Cenveo, Inc. • Assignment of contract complete • Pricing unchanged

Bureau of Technology, Office Equipment, & Support Services • Upcoming Renewals: • IT Research and Advisory ACS (Gartner) • COTS Software ACS • SAIR (Situational Awareness Incident Response) – Cyber Security, GSA • IT Network Infrastructure STC

Bureau of Services, Supplies, Insurance, and Special Programs Team 6 – Services, Special Programs, & Insurance • State Term Contracts/ACS Under Review During the Next Six Months: • Equipment Maintenance Management Services—Renewed with all 3 vendors for remaining 3 years until April 15, 2014. • Online Legal Database Services—expires August 18, 2011, working on next action recommendation • Insurance Policies Under Review During the Next Six Months: • Broker of Record – Excess Property: Expires 9/30/11. Coordinating with DFS. • Fine Art (Indoor): Renewed until 12/31/11. Plan to combine with Fine Art (Outdoor) policy. • Nuclear Property (UF): Expires 6/1/11 • Electronic Data Processing Equipment: Expires 6/5/11 • Contractor’s Equipment: Expires 7/1/11 • Ocean Marine: Expires 7/2/11 • Catastrophic Accident Insurance for FSDB: expires 8/15/11

Bureau of Services, Supplies, Insurance, and Special Programs Team 7 – SPAs and Special Projects • State Term Contracts under review during the next six months: • Paper: Tissues and Towels – expires July 31, 2011. • Gathering feedback for new contract. • Recycling Services: End of Life Electronics Equipment – expires July 21, 2011. Next action recommendation is in process. • Potable Water and Food Grade Ice – expires August 2, 2012. Finalizing draft solicitation. • Other agreement and project updates: • Defibrillators, Related Equipment & Supplies (ACS) - developing recommendation to approve new agreement as an ACS. Working with vendors who took exception to the PUR 1000 terms and conditions. • Security Officer Services - Developing next action recommendation

Training and Certification Program Procurement Training Schedule 2010-2011 • Before July 1, 2011, the Division of State Purchasing plans to offer the following recertification classes: • Advanced Negotiation in Florida (On Site); • Advanced Contract Management in Florida (Virtual); and • Advanced Purchasing in Florida (Virtual) To check for updates to the Training Schedule please go to: http://dms.myflorida.com/upcoming_procurment_training

Training and Certification Program PMP Training Schedule 2010-2011 • PMP Exam Prep – May 2-4, 2011 • Critical Thinking and Problem Solving – June 1-3, 2011 To check for updates to the Training Schedule please go to: http://dms.myflorida.com/upcoming_pmp_training

State Purchasing Operations/MyFloridaMarketPlace DFS W-9 Initiative DFS requires vendors to electronically submit their W-9s by October 2011. Please add the following language to purchase orders you issue between now and October 31, 2011, to help inform vendors. Sample W-9 Language for Purchase Orders The State of Florida Department of Financial Services (DFS) needs all vendors that do business with the state to submit an electronic W-9 by October 2011. DFS is ready to assist any vendors with questions, and vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com. Contact the DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com with any questions. Thank you.

State Purchasing Operations/MyFloridaMarketPlace DFS W-9 Initiative – Vendor Support The Department of Financial Services’ customer service desk is ready to assist vendors that have questions about electronic W-9 submission. Please share this contact info with your vendors: W-9 Website – https://flvendor.myfloridacfo.com and http://www.myfloridacfo.com/aadir/SubstituteFormW9.htm Telephone – (850) 413-5519 Email – FLW9@myfloridacfo.com

State Purchasing Operations/MyFloridaMarketPlace Update to All Open Orders Report MyFloridaMarketPlace will update the “All Open Orders” report in June/July to include the W-9 status so agencies have information about vendors that have electronically submitted their W-9 forms. Thanks to the Department of Juvenile Justice for the suggestion.

Governance Recap of the purchasing related bills to date: HOUSE BILL 427/SENATE BILL 574 : Preference in Award of State Contracts (compare to 1258/1079/386) The bills amend s. 287.084, F.S. and extend the authority of state and local agencies to provide a reciprocal preference for Florida vendors during a competitive solicitation for construction services in addition to purchases of personal property which are already permitted by the statute. These bills introduced in committee on 3/8/11.

Governance SENATE BILL 386: Procurement/Preference to Florida Businesses (compare to 1258/1079/427/574) The bills amend section 283.35, F.S., and section 287.0084, F.S., to mandate that agencies, school districts, municipalities, and political subdivisions, when awarding a printed materials or a personal property contract, grant a 5% preference to the lowest bidder or highest ranked respondent to have a principal place of business in Florida against a lower bidder or higher ranked respondent having a principal place of business outside the state of Florida. On 4/11/11, reported favorably.

Governance SENATE BILL 1258 /HOUSE BILL 1079: Procurement/Preference to Florida Businesses (HOUSE BILL # 427/SENATE BILL #574 are similar but the preference is not mandatory in in 427 and 574, as it is in 1258/1079; compare to 386 – where preference is mandatory but not reciprocal – flat 5%) The bills amend section 283.35, F.S., and mandate that agencies, school districts, municipalities, and political subdivision, when awarding a printed materials contract, to grant a preference to the “lowest responsible and responsive vendor” have a principal place of business in Florida. • The preference granted is to be either • equal to the preference granted in the home state of the “lowest responsible and responsive vendor” or • if no preference is granted in the vendor’s home state, then a 5% preference is to be granted to the in-state vendor if the work can be performed in state at a level of quality comparable to an out of state vendor.

Governance SENATE BILL 1258 /HOUSE BILL 1079 cont.: There is an exception in the Senate bill for printing services performed by PRIDE – the preference does not apply to any contract awarded to PRIDE. Out of state vendors would be required to submit with their bids the written opinion of an attorney, licensed in their state, explaining the preferences that state provides vendors within their state, and for the vendor to commit to hire in-state residents to complete the services to the greatest extent possible. Introduced in both Senate/House on 3/8/11. HOUSE BILL 441/SENATE BILL 444: Scrutinized Companies The bills create section 287.135, Florida Statutes, and prohibit a company on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1 million or more with a state agency or local governmental entity. These bills have moved out of initial committees.

Governance HOUSE BILL 7223/ SENATE BILL 2090: OGSR/Competitive Solicitations (Open Government Sunset Review required in 2011) The bills amend section 119.071, F.S. to expand the public records exemption for competitive solicitation documents until an intended decision or until 30 days after bid opening or receipt of final replies. Section 286.0113, F.S. is also modified and expanded to include an exemption from the public meeting requirements for negotiation with vendors, meetings where a vendor is making oral presentations or answering questions about their sealed responses to solicitations. All meetings must be recorded in full. The recordings of such meetings are exempt from disclosure under public record requests until a decision or intended decision is posted or until 30 days after the responses are opened, whichever occurs earlier. The section is further expanded to provide an exemption for portions of meetings wherein solicitation team members are gathering to stratege for the solicitation. Reported favorably and placed on calendar by the House on 4/12/11, on committee agenda in Senate for 4/14/11 – reported favorably.

Governance HOUSE BILL 923/SENATE BILL 1352 – Public Works Projects Bills deal with certain public works construction. Prohibits state agencies and political subdivisions that contract for the construction, maintenance, repair, or improvement of public works from imposing certain conditions on certain contractors, subcontractors, or material suppliers or carriers, including conditions related to employee pay or benefits, enter proprietary training, recruit from a single source or designate a particular work assignment, or enter into a project labor agreement. Provides an exception where the conditions are required by state of federal law. Prohibits the state and political subdivisions from restricting qualified bidders from submitting bids, being awarded any bid or contract, or performing work on a public works project. Also, extends the protest period for a solicitation specification or amendment challenge from 72 hours to 7 business days. Amends computation of formal protest to 10 business days from 10 calendar days. The bill was reported favorably and has moved beyond initial committee in the Senate.

Governance HOUSE BILL 7229: Procurement The bill deletes language relating to option of state agency purchases of commodities or contractual services from state term contracts. Also, specifies conditions for preference in award of contract under invitation to bid – lowest responsible/responsive bidder meeting the requirements of the ITB, and requires inclusion of renewal pricing, if renewal is contemplated, to be requested from a vendor in an ITN. The bill also revises conflict of interest language in section 287.057, F.S. Filed in House on 4/4/11, first reading was on 4/11/11.

Governance SENATE BILL 1314/HOUSE BILL 939: State Financial Matters The bills prohibit state agencies from contracting to pay, without legislative authority, liquidated damages or any other moneys resulting from the breach or early termination of a contract, from contracting to pay interest because of insufficient budget authority to pay an obligation in the current year, or from obligating the state to make future-year payments to cover current-year payments because of an insufficiency of current-year appropriations. The bills would require that all agencies submit with any legislative budget request a description of each contract in which an agency has granted a concession to a vendor. Also, the bill requires public officers provide at least 30 days notice to the Governor, President of the Senate and Speaker of the House, before entering into contracts or series of contracts between the same parties that:

Governance SENATE BILL 1314/HOUSE BILL 939 cont.: 1) require payments by the state in excess of $10 million a year; 2) require minimal or no payments by the state or authorize the other party to make expenditures in anticipation of revenues; or 3) require initial expenditures by the other party and provides that the other party will not receive payment from the state within 180 days after the expenditure. The bills prohibit any state official from two branches of government, judicial and executive, from entering into contracts for services or tangible personal property unless the contract identifies the specific appropriation, unless expressly authorized by the Legislature. Transfers section 287.0582, F.S., to section 216.313, F.S., and adds a provision that must be a part of every contract entered into by two branches of government, executive and judicial:

Governance SENATE BILL 1314/HOUSE BILL 939 cont.: A 10 day termination clause if contract is part of the Governor’s deficit reduction plan and a proper solicitation was not done, and a 90 day termination clause if part of the Governor’s deficit reduction plan and a proper solicitation was done. Further, the bill requires that contracts in excess of $35,000 be signed by the agency head and the agency head certify in the contract that the chapter 216 requirements are satisfied. Lastly, the bill states that willful violation of these provisions arecriminal and the resulting contract is null and void. This bill has moved beyond initial committee in Senate (in messages 4/7/11 and introduced in House 3/8/11).

Governance SENATE BILL 230/ House Bill 271: Enforcement of Immigration Laws The bill prohibits agencies from entering into contracts for services unless the contractor registers and participates in a “federal work-authorization program” (example: E-Verify). The bill also prohibits a contractor from executing a contract awarded under section 287.057, F.S., unless the contractor and any subcontractors register and participate in a federal work-authorization program, and the contractor is required to certify compliance with the statute. The statute provides timelines for applicability based upon the number of people employed by the contractor. The bill is effective July 1, 2011. The Department of Management Services is granted rulemaking authority to administer the new section. This bill was introduced 3/8/11 in the Senate and withdrawn in the House prior to introduction.

Governance HOUSE BILL 871/ Senate Bill 1510: Procurement of Personal Property and Services The bills broaden the definition of “commodity” in section 287.012, F.S., to include a definition of “off-the-shelf-commodity” as a good or merchandise that is consumable but is not proprietary in nature and expands the discretion granted agencies to use a “request for quotes” for purchases of “off-the-shelf-commodities” on purchasing agreements and State Term Contracts (“STC”) in order to obtain a better price than is available from a STC. Also, permits an agency to buy this type of commodity from another source if better price or term is found. Also, mandates that agencies purchase generic brands of “off-the-shelf commodities” unless an adequate justification is found.

Governance House Bill 0191/Senate Bill 374: Health and Human Services Contracts Creates the Health and Human Services Contract Resource Center housed within DMS for administrative and fiscal contract management only for outsourcing of services for the Department of Children and Family Services, the Department of Elderly Affairs, the Department of Health, the Agency for Persons with Disabilities, the Department of Juvenile Justice, and the Agency for Health Care Administration. Also, provides an exemption for competitive bidding for services provided by an eligible lead community-based provider as described in s. 409.1671(1)(e) currently under contract with the Department of Children and Family Services and in compliance with the department’s performance, fiscal, and administrative standards.

Governance SENATE BILL 1280/ HOUSE BILL 903 - Inspectors General Creates a centralized Office of Inspector General. Requires DMS to draft rule/procedures related to purchasing cards. SENATE BILL 1002/ HOUSE BILL 801 - State Agency Business Cards Requires DMS to delegate authority to agencies for the purchase of Brailled business cards. HOUSE BILL 1211/ SENATE BILL 1738 - State Financial Information Creates agency within DFS called Agency for Enterprise Business Services and a board to advise the agency regarding the Florida Financial Management Information System. A 5 year strategic plan is required to replace or enhance the System. All agencies will be required to conform with procedures developed by the DFS agency for use of the System. Also, a state contract management system will be established – all agencies will be required to update contract information immediately.

Purchasing Directors’ MeetingApril 21, 2011 Next Meeting May 24, 2011 2:00 – 4:00 pm Room 166, Betty Easley

Purchasing Directors’ Meeting April 21, 2011