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6 FL ADC 6C5-6.008 Page 1

     Rule 6C5-6.008, F.A.C.

     Fla. Admin. Code Ann. r. 6C5-6.008

    furnishing of specific commodities. The term applies FLORIDA ADMINISTRATIVE CODE

    only to those services rendered by individuals and ANNOTATED

    firms who are independent contractors. Contractual TITLE 06. DEPARTMENT OF

    service does not include labor or materials for the EDUCATION6C4-12 RESEARCH

    construction, renovation, repair or demolition of SUBTITLE 6C5. FLORIDA ATLANTIC

    facilities. UNIVERSITY


    Current through February 1, 2003. (h) Extension -- An increase in the time allowed for

     the performance of the contract.

    6C5-6.008. Purchasing. (i) Independent Contractor -- A person or firm who

     provides a service to the University but does not have

     any employment or other relationship or connection

     (1) Definitions. with the University, except as provided in Section

     112.313, F.S.

     (a) Artistic Services -- Services provided by an individual or group of individuals who profess and (j) Invitation to Bid -- A written solicitation for practice a skill in the area of music, dance, drama, folk competitive sealed bids, designating the title, date, and art, creative writing, painting, sculpture, photography, hour of the public bid opening and also defining the graphic arts, web design, craft arts, industrial design, commodity, group of commodities or services. costume design, fashion design, motion pictures, television, radio or tape and sound recording or in any (k) Invitation to Negotiate -- An invitation extended other related field. to prospective contractors, whether by advertisement,

     written solicitation, electronic media or any other form

     (b) Commodity -- Any of the various supplies, of communication, to define the specifications, terms materials, goods, merchandise, food, equipment or and conditions of a contract for commodities or other personal property, including a mobile home, contractual services. trailer or other portable structure, which are purchased, leased, lease-purchased or otherwise contracted for by (l) Public Entity Crime -- A violation of any state or the University. Commodity also includes interest on federal law by a person in the transaction of business deferred-payment contracts entered into by the with any public entity of any state or with the United University for the purchase of other commodities. States government involving antitrust, fraud, theft, Printing of publications, vehicles and software and bribery, collusion, racketeering, conspiracy or license agreements shall be considered commodities. material misrepresentation.

     (c) Competitive Bid/Proposal -- The response (m) Purchase -- An acquisition of commodities, submitted to an Invitation to Bid, Request for Proposal, services or licenses obtained by purchase order, or an Invitation to Negotiate by responsive and contract or other authorized purchasing method, qualified bidders or offerors. whether by rent, lease, installment, lease-purchase or

     outright purchase.

     (d) Competitive Negotiation -- The establishment of a contract through deliberation, discussion or (n) Purchases for Resale -- The purchase of conference on the specifications, terms and conditions commodities or contractual services acquired for the of a proposed agreement. purpose of selling them for the benefit of the


     (e) Competitive Solicitation -- An Invitation to Bid, Request for Proposal or Invitation to Negotiate to (o) Renewal -- Contracting for an additional period of competitively select a contractor. time after the initial contract term, provided the

     original terms of the agreement specify an option to

     (f) Contractor/Vendor -- A person or firm who renew. contracts to sell commodities or contractual services to the University. (p) Request for Proposal -- A written solicitation for

     competitive proposals for commodities or contractual

     (g) Contractual Service -- The rendering by a services designating the title, date, and hour of the contractor of its time and effort rather than the public opening. The request for proposal is used when

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     Fla. Admin. Code Ann. r. 6C5-6.008

    the scope of work is not clearly defined. that the particular facts and circumstances which

     demonstrate that the delay due to staying the

     (q) Responsive and Qualified Bidder or Offeror -- A solicitation or contract award process would be contractor/vendor who has submitted a bid or proposal detrimental to the interests of the University. that conforms in all material respects to a competitive solicitation. (g) Award contracts for commodities and contractual

     services. This includes the authority to make awards to

     (r) Term Contract -- An indefinite quantity contract multiple suppliers, awards in multiple year terms, or for the purchase of commodities or contractual award contracts on behalf of multiple institutions or services during a prescribed period of time. entities.

     (s) Vehicles -- Includes any automobile, truck, (h) Reject or cancel any or all competitive motorcycle, bicycle, golf cart, watercraft or other solicitations, in whole or in part, when determined to vehicle designed primarily for transporting persons as be in the best interest of the University. well as construction vehicles or farm equipment. Vehicles owned, leased or operated by the University (i) Purchase insurance as deemed necessary and shall be available for official University business only. appropriate for the operation and educational mission

     of the University.

     (2) Authority. The President shall delegate to the Purchasing Department the powers and duties (3) Competitive Solicitations. prescribed in Section 1001.75(5), F.S., as appropriate. In addition, the Purchasing Department has the (a) General. responsibility to:

     1. The opportunity to bid on a University contract is a

     (a) Canvass sources of supply and enter into contracts privilege, not a right. for the purchase of goods or services including installment or lease-purchase contracts. 2. All contracts for the purchase of commodities or

     contractual services exceeding $50,000 shall be

     (b) Evaluate the ability of any vendor to remain on a awarded pursuant to a competitive solicitation, unless competitive vendor list, based on the Vendor's otherwise set forth in this rule. responsiveness to competitive solicitations, the Vendor's ability to fulfill the duties specified in 3. The purchase of commodities and contractual contracts, or any disruptive or unprofessional conduct services shall not be divided to avoid the requirement or conduct which is not conducive to the University of competitive solicitation. environment on the part of the Vendor or its agents.

     4. In the event that no quotes, bids, proposals, or

     (c) Negotiate with Vendors. responses to Invitations to Negotiate are received in

     response to a competitive solicitation, the University

     (d) Develop an Annual Certification List to serve as a shall negotiate the purchase at the best possible price. waiver of the competitive solicitation requirement for commodities/services that are frequently purchased 5. When only one response is received to a and are available from a single source. competitive solicitation for commodities or

     contractual services exceeding $50,000, the

     (e) Evaluate and approve contracts let by the Federal Purchasing Department shall review the solicitation Government, the State, other states, political response to determine if a second call for a subdivisions or entities, colleges, universities, competitive solicitation is in the best interest of the educational cooperatives or educational consortia for University. If it is determined by the Purchasing the procurement of commodities and contractual Department that a second call would not serve a useful services, when it is determined to be cost- effective purpose, the University will proceed with the and in the best interest of the University to make acquisition. purchases under contracts let by such other entities.

     6. When multiple responses that are equal in all

     (f) Elect as an alternative to the provisions of Section respects are received to a competitive solicitation, the 120.57(3)(c), F.S., to proceed with a bid solicitation or Purchasing Department shall give a preference to contract award process when it is set forth, in writing, responses that include commodities manufactured in

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     Fla. Admin. Code Ann. r. 6C5-6.008

    the State, Florida businesses, businesses with a price agreements established by the Federal drug-free workplace program, or foreign Government, the State, other states, political manufacturers located in the state, in determining the subdivisions or entities, colleges, universities, contract award. If these conditions do not exist, or are educational cooperatives or educational consortia are the equivalent between two or more responses, a coin not subject to further competitive solicitation. toss will be used.

     4. Construction Direct Purchase Program

     7. The intended award shall be publicly posted by the (Owner/Contractor Program). Commodities to be Purchasing Department for 72 hours which is incorporated into any public work (as that term is interpreted as three working days excluding Saturdays, defined in Rule 12A-1.094, F.A.C.), which are

    Sundays, and State and University Holidays. procured by the University in accordance with the

     requirements of the University's direct purchase

     8. Advertisements. Invitations to Bid, Requests for program, are not subject to any further competitive Proposal, and Invitations to Negotiate expected to be solicitation. in excess of $150,000 shall be advertised in the Florida Administrative Weekly, the Florida (c) Commodities and contractual services that are not Communities Network (, or on the subject to the competitive solicitation process include: Purchasing Department's web site.

     1. Artistic services;

     9. The contents of Requests for Proposal, Invitations to Bid and Invitations to Negotiate shall be kept 2. Academic reviews; confidential by the University until the date of award, or for up to 10 calendar days after the opening date, 3. Lectures; whichever is earlier, pursuant to Section 119.07(3)(m), F.S. 4. Auditing services;

     10. In the case of extension errors, the extended price 5. Legal services, including attorney, paralegal, (unit price multiplied by the quantity) will be based on expert witness, appraisal, arbitrator or mediator the unit price as stated in the Vendor's Response. services. Written approval from the Attorney General

     is not required for private attorney services acquired

     (b) Purchasing actions that are not subject to the by the University, pursuant to Section 287.059, F.S.;

    competitive solicitation process include:

     6. Health services involving examination, diagnosis,

     1. Emergency Purchases. When the President or treatment, prevention, medical consultation or designee determines, in writing, that the delay due to administration. Prescriptive assistive devices for the competitive solicitation process would cause an medical, developmental or vocational rehabilitation immediate danger to the public health, safety or the including, but not limited to prosthetics, orthotics, and welfare of person(s), animal(s), the preservation or wheelchairs, provided the devices are purchased on protection of property, or the continuance of a vital the basis of an established fee schedule or by a method University function, the Purchasing Department is that ensures the best price, taking into consideration permitted to proceed with the procurement of the needs of the client; commodities or contractual services without a competitive solicitation. The emergency purchase 7. Services provided to persons with mental or shall be limited to the purchase of the type of items physical disabilities by not- for-profit corporations and quantities needed, or for a time period sufficient to organized under the provisions of s. 501(c)(3) of the

    meet the immediate threat, and shall not be used to Internal Revenue Code or services governed by the

    meet long- term requirements. provisions of the Office of Management and Budget

     Circular A-122;

     2. Sole Source Purchases. The Purchasing Department shall certify in writing that a particular 8. Medicaid services delivered to an eligible commodity or service is available from a single source Medicaid recipient by a health care provider who has and shall publicly post the certification for three not previously applied for and received a Medicaid working days. provider number from the Department of Children and

     Family Services. This exception will be valid for a

     3. Purchases from contracts and negotiated annual period not to exceed 90 days after the date of delivery

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     Fla. Admin. Code Ann. r. 6C5-6.008

    to the Medicaid recipient and shall not be renewed; (a) Bid Bonds. The University will require payment

     of a bid bond when the Purchasing Department

     9. Family placement services; determines that it is necessary based on the following

     factors: the size of the contract, the nature or scope of

     10. Training and education services; the project, the financial stability of the bidder or the

     ability of the bidder to fulfill the contract. The

     11. Advertising; payment of the security shall be in the form of a

     certified, cashier's or treasurer's check, bank draft or

     12. Services or commodities provided by the Federal bid bond. Government, the State, other states, political subdivisions or entities, colleges, and universities; (b) Payment and Performance Bonds. The University

     shall require a contractor to furnish a payment and

     13. Continuing education events or programs that are performance bond, prior to the issuance of a contract, offered to the general public for which fees have been with good and sufficient securities, when the total collected to pay all expenses associated with the event contract amount is greater than $200,000 and the or program; Purchasing Department is uncertain about the

     contractor's ability to perform.

     14. Purchases from firms or individuals that are prescribed by state or federal law or specified by a (c) Solicitation Protest Bond. Any contractor that files granting agency; an action pursuant to Section 120.57(3)(b), F.S.,

     protesting a decision or intended decision pertaining

     15. Regulated utilities and government-franchised to a solicitation, shall at the time of filing of the formal services; protest, post with the University, a bond payable to the

     University in an amount equal to: 10% of the

     16. Regulated public communications, except long estimated value of the protestor's bid or proposal; 10% distance telecommunication services or facilities; of the estimated expenditure during the contract term

     or $10,000, whichever is less. The bond shall be

     17. Extension of an existing contract; conditioned upon the payment of all costs that can

     potentially be adjudged against the contractor filing

     18. Renewal of an existing contract if the terms of the the protest action. In lieu of a bond, the University will contract specify renewal option(s); accept a cashier's check or money order in the amount

     of the bond. Failure of the protesting contractor to file

     19. Purchases from the Annual Certification List the required bond, cashier's check or money order at developed by the University; the time of filing the formal protest shall result in the

     denial of the protest.

     20. Purchases for resale;

     (5) Contracts.

     21. Accountant Services;

     (a) Contracts for commodities or contractual services

     22. Contracts or services provided by not-for-profit, or licenses shall consist of a purchase order or bilateral direct support, health support and University affiliated agreement signed by the President or designee prior to organizations; goods or services being rendered by the contractor.

     23. Implementation, programming, or training (b) Any contract for the purchase of services or services available from the owner of copyrighted tangible personal property for a period in excess of software or its agent; and one fiscal year shall include the following statement:

     "The University's performance and obligation to pay

     24. Purchases of materials, supplies, equipment, or under this contract is contingent upon an annual services for research purposes when the Director of appropriation by the Florida Legislature. Sponsored Research or designee, certifies that, in a particular instance, it is necessary for the efficient or (c) Contract extensions, renewals, modifications to expeditious prosecution of a research project. terms, conditions and scope, or amendments shall be

     permitted, shall be in writing, signed by all parties,

     (4) Bonds. and where applicable, are subject to annual

     appropriations by the Florida Legislature.

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     Fla. Admin. Code Ann. r. 6C5-6.008

     process, and the contract award process in any

     (d) The University will enter into deferred payment purchase shall be independent of, and have no conflict agreements utilizing the State of Florida Comptroller's of interest in the entities evaluated and selected. Consolidated Equipment Financing Program when the Purchasing Department determines that it is (d) The University shall not accept a competitive financially favorable to the University to do so. No solicitation from, or purchase commodities or agreement shall establish a debt of the State or shall be contractual services from a person or affiliate who has a pledge of the faith and credit of the State; nor shall been convicted of a public entity crime and has been any agreement be a liability or obligation of the State placed on the State of Florida's convicted vendor list except from appropriated funds. for a period of 36 months from the date the person or

     affiliate was added to the convicted vendor list.

     (e) Contracts entered into by the University that limit the liability of the Vendor shall be consistent with (e) A person or firm who receives a contract to Section 672.719, F.S. perform a feasibility study for potential

     implementation of a subsequent contract, participates

     (f) The total value of a contract shall be defined as the in the drafting of a competitive solicitation, or initial cost or revenue to the University for the develops a program for future implementation shall be maximum term of the contract including all options, ineligible to contract with the University dealing with extensions, and renewals. the specific subject matter.

     (6) Purchases from Minority Business Enterprises.

     (a) Purchasing from Minority Business Enterprises. The University is an equal opportunity institution and Specific Authority 1001.74(4) FS. Law Implemented

    encourages procurement contracting with Minority 120.57(3)(b), 672.719, 1001.74(5), (17), (23), (29),

    Business Enterprises. 1001.75(5) FS. History--New 3- 26-80, Amended

     11-10-82, Formerly 6C5-6.08, Amended 11-11-87,

     (b) Certifications of minority business enterprises 2-13-03. granted by state and local entities, and business organizations are eligible for acceptance in the University's MBE Program. MBE certifications by the 6 FL ADC 6C5-6.008 State of Florida will be accepted by the University. END OF DOCUMENT

     (7) Standards of Conduct and Limitation on


     (a) All individuals participating in the procurement

    process are bound by the State of Florida Code of

    Ethics for Public Employees, Chapter 112, Part 3, F.S.,

    and Florida Atlantic University Rule on University

    Ethics, Rule 6C5- 5.013, F.A.C.

     (b) It shall be a breach of ethical standards for any

    employee of the University to accept, solicit, or agree

    to accept a gratuity of any kind for personal gain in

    connection with any contract for commodities or

    services. Current or potential contractors are

    prohibited from offering an employee of the

    University a gratuity of any kind for the employee's

    personal gain to influence the development of a

    contract or potential contract for commodities or


     (c) All individuals taking part in the development or

    selection of criteria for evaluation, the evaluation

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