Law and Administrative Rule

Updates

To cover:

• Statutes

• Rules– Certified Negotiator– Confidential Information– Other Changes to 60A-1

Statutes

S2518

• Certified Negotiator

• Project Management Professional

287.057(17)(b)

287.057(17)(b)

• When the value of a contract is in excess of $1 million in any fiscal year, at least one of the persons conducting negotiations must be certified as a contract negotiator based upon rules adopted by the Department of Management Services in order to ensure that certified contract negotiators are knowledgeable about effective negotiation strategies, capable of successfully implementing those strategies, and involved appropriately in the procurement process. [ ]

Continued…

• [ ] If the value of a contract is in excess of $10 million in any fiscal year, at least one of the persons conducting negotiations must be a Project Management Professional, as certified by the Project Management Institute.

More on Project Management Professionals

287.076, F.S.

• Project Management Professionals training for personnel involved in managing outsourcings; funding.--The Department of Management Services may implement a program to train state agency employees who are involved in managing outsourcings as Project Management Professionals, as certified by the Project Management Institute.[ ]

287.076, F.S., continued

• $500,000 appropriated to DMS to implement this program.

• DMS and agencies shall identify personnel to participate in this training based on requested need and ensure that each agency is represented.

• DMS may remit payment for this training on behalf of all participating personnel.

Lobbying

287.057(26), F.S.• (26)  [ ] "Respondents to this solicitation or

persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response."

However…

287.058(6), F.S.

• (6)  A contract may not prohibit a contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding any contract to which the contractor and a state agency are parties, after contract execution and during the contract term. The provisions of this subsection are supplemental to the provisions of ss. 11.062 and 216.347 and any other law prohibiting the use of state funds for lobbying purposes.

Material Interest

287.075, F.S.

• 287.075  Materially interested contractor; prohibition on certain activities.--A contractor, as defined in this chapter, or its employees, agents, or subcontractors, may not knowingly participate, through decision, approval, disapproval, or preparation of any part of a purchase request, investigation, or audit, in the procurement of commodities or contractual services by a state agency from an entity in which the contractor, or its employees, agents, or subcontractors, has a material interest.

H1369

• Temporary Rebid Exemption– 119.071, F.S.

• Recording Negotiations– 286.0113, F.S.

RULES

Certified Negotiator Training Rule

60A-1 II

60A-1.041

• Certified Negotiator Requirements

60A-1 I

• Confidential Information

• PUR 1000

• Compliance With All Laws Provision

• Standard Configuration

Upcoming Changes60A-1 III

• Category Two Threshold

• Artistic Services

• Contract Extensions

• Trade Secret Provision

Disclaimer