NOTICE OF CHANGE IN PROPOSED REGULATION AMENDMENT
Date: May 15, 2008
REGULATION TITLE: REGULATION NO.:
SUMMARY OF CHANGES: The Florida Board of Governors adopted a new regulation
governing University purchasing. The additional changes to the regulation reflect the UF
purchasing department's implementation of the new Board of Governors regulation, including,
but not limited to:
1. providing for all competitive solicitations to be advertised on the UF
purchasing department website;
2. conforming the list of purchases not subject to the competitive solicitation
3. providing that the amount a payment and performance bond must equal the
amount of the solicitation;
4. requiring a protest bond; and
5. providing for decisions and intended decisions to be electronically posted.
THE FULL TEXT OF THE PROPOSED REGULATION IS ATTACHED TO THIS
UNIVERSITY OF FLORIDA
(1) Statement of Intent. It is the intent of the University to acquire quality goods and
services within reasonable or required time frames, while promoting fair and open competition in
the public procurement process. Responsible purchasing officials shall be protected from
improper pressures of external political or business interests. The process shall reduce the
appearance and opportunity for favoritism, ensure that contracts are awarded equitably and
economically, and establish effective management oversight in the acquisition of commodities
and contractual services, in order to preserve the integrity of public purchasing and contracting.
The opportunity to bid on University contracts is a privilege, not a right.
(a) Artistic Services -- Services provided by an individual or group of individuals
who profess and practice a skill in the area of music, dance, drama, folk art, creative writing,
painting, sculpture, photography, graphic arts, web design, craft arts, industrial design, costume
design, fashion design, motion pictures, television, radio or tape and sound recording or in any
other related field.
(b) Commodity -- Any of the various supplies, materials, goods, merchandise, food,
equipment or other personal property, including a mobile home, trailer or other portable
structure, which are purchased, leased, lease-purchased or otherwise contracted for by the
University. "Commodity" also includes interest on deferred-payment contracts entered into by
the University for the purchase of other commodities. Printing of publications sall be
cons+t+ er a commoni + ty w. hn ,4t iupo + ;.ntra.t n rnaccordanc witS n actionn 2 3..3 3, mon a.-;+ a
Statutes. Software to be used pursuant to license agreements shall be considered a "commodity."
(c) Competitive Bid/Proposal -- The response submitted to an Invitation to Bid,
Invitation to Negotiate, or a Request for Proposal by responsive and qualified bidders or offerors.
(d) Competitive Negotiation -- The establishment of a contract through deliberation,
discussion or conference on the specifications, terms and conditions of a proposed agreement.
(e) Competitive Solicitation -- An Invitation to Bid, Request for Proposal or
Invitation to Negotiate to competitively select a contractor.
(f) Contractor/Vendor -- A person or firm who contracts to sell commodities or
contractual services to the University.
(g) Contractual Service -- The rendering by a contractor of its time and effort rather
than the furnishing of specific commodities. The term applies only to those services rendered by
individuals and firms who are independent contractors. "Contractual service" does not include
labor or materials or selection of professional services for the construction, renovation, repair or
demolition of facilities.
(h) Extension -- An increase in the time allowed for the contract period.
(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 with that
University, except as provided in s. 112.313, F.S.
(j) Invitation to Bid -- A written solicitation for competitive bids with the title, date,
and hour of the public bid opening designated and the commodity, group of commodities or
services defined, for which bids are sought.
(k) Invitation to Negotiate -- An invitation extended to prospective contractors by the
University, whether by advertisement, written solicitation, electronic media or any other form of
communication, to define the specifications, terms and conditions of a contract for commodities
or contractual services. Cost may or may not be a consideration in the initial stages of
(ml) President -- The chief executive officer of the University, responsible for its
operation and administration.
(rm) Public Entity Crime -- A violation of any state or federal law by a person in the
transaction of business with any public entity of any state or with the United States government
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material
(en) Purchase -- An acquisition of commodities services obtained by purchase order or
contract whether by rent, lease, installment- or lease-purchase, outright purchase, or license.
(po) Purchases for Resale -- The purchase of commodities or contractual services
acquired for the purpose of selling them for the benefit of the University.
(qp) Renewal -- Contracting with the same contractor for an additional period of time
after the initial contract term, provided the original terms of the agreement specify an option to
(fq) Request for Proposal -- A written solicitation for competitive proposals for
commodities or contractual services with the title, date, and hour of the public opening
designated. The request for proposal may be used when the scope of work is not clearly defined.
(sr) Responsive and Qualified Bidder or Offeror -- A contractor/vendor who has
submitted a bid or proposal that conforms in all material respects to a competitive solicitation.
(ts) Term Contract -- An indefinite quantity contract for the purchase of commodities
or contractual services during a prescribed period of time.
(3) The University Board of Trustees has authority to establish a system of
coordinated procurement policies, procedures, and practices to be used in acquiring commodities
and contractual services required by the University. The Purchasing Department has the duty to:
(a) Canvass sources of supply and contracting for the purchase or lease of all
commodities and contractual services for the University, in any manner, including purchase by
installment- or lease-purchase contracts. Installment- or lease- purchase contracts may provide
for the payment of interest on unpaid portions of the purchase price.
(b) Remove any contractor from the University's competitive vendor list that fails to
respond to three (3) or more invitations or to fulfill any of its duties specified in a contract with
the University and to reinstate any such contractor when satisfied that further instances of default
will not occur. A "No Bid" is a response.
(c) Plan and coordinatiage purchases in volume and negotiati-ge and executiage
agreements and contracts for commodities and contractual services under which the University
may make purchases.
(d) Develop an Annual Certification List to serve as a waiver of the competitive
solicitation requirement for commodities/services that are frequently-_purchased and are
available from a single source.
(e) Evaluate and approve contracts let by any State of Florida agency or department,
the Federal Government, other states, political subdivisions, e~ any independent college or
university or not-for-profitedueational cooperative or educational-consortium effort the
procurement of commodities and contractual services, when it is determined to be cost-effective
and in the best interest of the University to make purchases under contracts let by such other
(f)\ -Elect as an alternative to any provision, n n. 120.57 (3)(c), F.S., to proeed with a
bid solicitation or contract award process when it is set fohrt, in writing, that the particular facts
and circumstances which demonstrate that the delay due to staying the solicitation or contract
award process would be detrimental to the interests of the University. After the award of
contract resulting from a competitive solicitation in which a timely protest was received and in
which the University did not prevail, the contract will be canceled and re awarded to the
prevailing padry unless the final order or settlement between the pairies provides otherie.
(gf) Award contracts for commodities and contractual services to multiple suppliers, if
it is determined to be in the best interest of the University. Such awards may be on a university,
regional or State University System multiple state university-wide basis and the contracts may be
for multiple years.
(hg) Reject or cancel any or all competitive solicitations when determined to be in the
best interest of the University.
(4) Competitive Solicitations Required.
(a) All contracts for the purchase of commodities or contractual services exceeding
$75,0005,0;00 shall be awarded pursuant to a competitive solicitation, unless otherwise
(b) When only one response is received to a competitive solicitation for commodities
or contractual services exceeding $75,0005;,00, the University wi44may review the solicitation
response and circumstances surrounding the solicitation to determine if a second call for a
competitive solicitation is in the best interest of the University. If it is determined that a second
call would not serve a useful purpose, the University will proceed with the acquisition.
(c) When multiple responses that are equal in all respects are received to a
competitive solicitation, the University will give preference to responses that include
commodities manufactured in the state, Florida businesses, businesses with a drug-free
workplace program, or foreign manufacturers located in the state to determine the contract
award, or, if these conditions do not exist or are the equivalent between two or more responses,
will use toss of the coin.
(d) The purchase of commodities and contractual services shall not be divided to
avoid the requirement of competitive solicitation.
(e) -The intended award shall be publicly posted by thoe Pturchasing Office which
issues the Invitation to Bid, Request for Proposal or Invitation to Negotiate for 72 hours which is
interpreted as three working days excepting Satwrdays, Sundays, or State holidays.
(fe) Advertisement. All competitive solicitations shall be advertised on the website of
the Purchasing Department. -The Director of Purchasing, or a designee, shall determine if any
additional advertising or the direct solicitation of relevant vendors should be used based on the
nature and quantity of the commodities, contractual services and the availability and extent of
competitive solicitation lists. Invitations to Bid, Requests for Proposals, and Invitations to
Negotiate for commoditi xpld to be in e1Eess of $150,000 and f or contr.actual services
expected to be in excess of $50,000 shall be advertised in the Florida Administrative Weekly or
Florida Communities Network. The Director of Purchasing shall waive the advertisement
requirement when the number of potential bidders or proposers is limited and can otherwise be
solicited, when the availability of funding so requires, or where delivery is urgent.
(gf) In the case of extension errors, the unit price will prevail.
(hg) Withdrawal. A vendor may withdraw his or her bid or proposal in writing if done
within seventy-two (72) hours of the bid or proposal opening, if the bid or proposal is clearly
erroneous and it is withdrawn prior to final award or the purchase order being issued.
(5) Purchase of Commodities or Contractual Services.
(a) Purchase of Private Attorney Services. Written approval from the Attorney
General is not required for private attorney services acquired by the University.
(b) Purchase of Insurance. The University has the authority to purchase insurance as
deemed necessary and appropriate for the operation and educational mission of the University.
Examples of insurance coverage that may be acquired by the University include:
1. Physical damage on vehicles and boats;
2. Inland marine on property owned, leased, or loaned to or by the University;
3. Building and property damage;
4. Equipment losses due to theft;
5. Equipment subject to transportation;
6. Loss of rental income;
7. Commercial general liability insurance for scientific equipment;
8. Excess general liability coverage;
9. Camps insurance.
(c) Purchase of Printing. University purchases of Pprinting isare not subject toshal4
be purchased in accor.dance with Chapter 283, F.S.
(d) Purchases from small and disadvantaged'Min y business Eenterprises. The
University is an equal opportunity institution and encourages procurement contracting with small
and disadvantaged businesses which includes mMinority business eEnterprises.
(e) Purchases from Contractors Convicted of Public Entity Crimes. The University
shall not accept a competitive solicitation from, or purchase commodities or contractual services
from, a person or affiliate who has been convicted of a public entity crime and has been placed
on the State of Florida's convicted vendor list for a period of 36 months from the date of being
added to the convicted vendor list. No federal funds may be used to pay any party who is listed
on the federal excluded parties list system.
(f) Purchasing actions that are not subject to the competitive solicitation process
1. Emergency Purchases. When the President or President's designee determines in
writing, that a delay due to the competitive solicitation process is an immediate danger to the
public health or safety or the welfare of the University, including tangible and/or intangible
assets; or would otherwise cause significant injury or harm not in the best interest of the
University condition exists that threatens the health or- safet. of persons) or' animals) or +the
pr rvati;n or protc; tin of property or the continuanc; of a ,vital University function the
University will proceed with an emergency purchase without a competitive solicitation. The
emergency purchase shall be limited to the purchase of only the type of items and quantities or
for a time period sufficient to meet the immediate threatdaner and shall not be used to meet
2. Sole Source Purchases. Commodities or contractual services available from a
single source shall be exempted from the competitive solicitation process. The sole source
document shall be publicly posted by the Purchasing Office for three working days.
3. Purchases from competitively bid Contracts and Negotiated Annual Price
Agreements established by the State, other governmental entities, other universities in the State
University System, other independent colleges and universities, and not-for-profit cooperatives
and consortia public or private educational institutions, and educational cooperatives an
educational consrtiums are not subject to further competitive solicitation.
4. Construction Direct Purchase Program. Commodities to be incorporated into any
public work (as that term is defined in Fla. Admin. Code R. 12A-1.094) which are procured by
the University in accordance with the requirements of the University's direct purchase program
are not subject to any further competitive solicitation.
(g) Commodities and contractual services that are not subject to the competitive
solicitation process include:
1. Artistic services;
2. Academic reviews;
4. Auditing services;
5. Legal services, including attorney, paralegal, expert witness, appraisal, arbitrator
or mediator services;
6. Health services involving examination, diagnosis, treatment, prevention, medical
consultation or administration. Prescriptive assistive devices for medical, developmental or
vocational rehabilitation including, but not limited to prosthetics, orthotics, and wheelchairs, and
other related equipment and supplies provided they d4evces are purchased on the basis of an
established fee schedule or by a method that ensures the best price, taking into consideration the
needs of the client;
7. Services provided to persons with mental or physical disabilities by not-for-profit
corporations organized under the provisions of s. 501(c)(3) of the Internal Revenue Code or
services governed by the provisions of the Office of Management and Budget Circular A-122;
8. Medicaid services delivered to an eligible Medicaid recipient by a health care
provider who has not previously applied for and received a Medicaid provider number from the
Department of Children and Family Services. This exception will be valid for a period not to
exceed 90 days after the date of delivery to the Medicaid recipient and shall not be renewed;
9. Family placement services;
10. Training and education services;
12. Services or commodities provided by governmental agencies, another university
in the State University System, direct support organizations of the University, political
subdivisions state of Florida or other independent colleges and universities;
13. Programs, conferences, workshops,-e continuing education events or other
University programs that are offered to the general public for which fees have-beenare collected
to pay all expenses associated with the program or event;
14. Purchases from firms or individuals that are prescribed by state or federal law or
specified by a granting agency;
15. Regulated utilities and government franchised services;
16. Regulated public communications, except long distance telecommunication
services or facilities;
17. Extension of an existing contract;
18. Renewal of an existing contract if the terms of the contract specify renewal
19. Purchases from the Annual Certification List developed by the University;
20. Purchases for resale;
21. Accounta ning Services;
22. Contracts or services provided by not-for-profit support and affiliate organizations
of the University, including Shands Teaching Hospitals and Clinics, Inc., direct support
organizations, health support organizations and faculty practice plans;
23. Implementation/programming/training services available from owner of copyrighted
software or its contracted vendor; and
24. Purchases of materials, supplies, equipment, or services for instructional or
sponsored research purposes when a director of sponsored research or designee certifies that, in a
particular instance, it is necessary for the efficient or expeditious prosecution of a research
project in accordance with sponsored research procedures or to attain the instructional objective.
(h) Vendors Excluded from CompetitionPaticipants in Contrac Award Not SubjCct+
to Competitive Solicitations.
1. In order to ensure objective contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements
of work, invitations for bids and/or requests for proposals shall be excluded from competing for
such procurements.No person or firm who receives a contract to perform a feasibility study for
potential impl emntation of a subsequent contract, participate ; in the drafting of a competitive;
solicitation, or develops a program for future implementation shall be eligible to contract with
the University dealing with the specific subject matter.
2. All persons taking part in the development or selection of criteria for evaluation,
the evaluation process, and the contract award process in any purchase shall follow all relevant
portions of the State of Florida Code of Ethics for Public Employees, Chapter 112, Part 3,
Florida Statutes, and the University's regulation on outside activities, Regulation 6C 1-1.011.
(i) A notice of decision or intended decision concerning a solitication, contract award, or
sole source purchase shall be electronically posted.
(a) Payment and Performance Bonds. The University shall may require any
contractor contracting with the University to provide commodities, services or commodities
which include installation, to furnish a payment and performance bond, with good and sufficient
securities, to the University prior to the issuance of the contract when the total contract amount is
greater than $200,000 and the Universy is uceain about the contractor's ability to perform.
The bond must be in an amount equal to 100% of the response submitted to the competitive
(b) Solicitation Protest Bond. Any contractor that files an action pursuant to S.
120.57(3)(b), F.S, protesting a decision or intended decision pertaining to a solicitation, shall at
the time of filing of the formal protest, post with the University, a bond payable to the University
in an amount equal to: 10% of the estimated value of the protester's bid or proposal; 10% of the
estimated expenditure during the contract term; $10,000; or whichever is less. The bond shall be
conditioned upon the payment of all costs which may be adjudged against the contractor filing
the protest action. In lieu of a bond, the University will accept a cashier's check or money order
in the amount ofthe bond. Failure of the prot-eting contractor to file thc required bond, cashier's
check or money order at the time of filing the formal protest shall result in the denial of the
(b) Solicitation Protest Bond. Any contractor that files an action protesting a
decision or intended decision pertaining to a solicitation, shall at the time of filing of the formal
protest, post with the University, a bond payable to the University in an amount equal to the
lessor of: (1) 10% of the estimated value of the protestor's bid or proposal; (2) 10% of the
estimated expenditure during the contract term; or (3) $10,000. The bond shall be conditioned
upon the payment of all costs which may be adjudged against the contractor filing the protest
action. In lieu of a bond, the University may accept a cashier's check or money order in the
amount of the bond. Failure of the protesting contractor to file the required bond, cashier's check
or money order at the time of filing the formal protest shall result in the denial of the protest.
(a) Contracts for commodities or contractual services or licenses shall consist of a
purchase order or bilateral agreement signed by the President or designee prior to or within thirty
(30) days of the goods or services being rendered by the contractor.
(b) Any contract for the purchase of services or tangible personal property for a
period in excess of one fiscal year shall include the following statement: "The State of Florida's
and University's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Legislature."
(c) Extension of a contract shall be for a period not to exceed 12 months, shall be in
writing, shall be signed by both parties, and shall be subject to the same terms and conditions set
forth in the initial contract. There shall be only one extension of a contract.
(d) A contract may contain provisions for renewal. If the commodity or contractual
service is purchased as a result of a competitive solicitation, the cost of any contemplated
renewal must be included in the competitive solicitation. All contract renewals are subject to
sufficient annual appropriations.
(e) The President shall have the authority to enter into deferred payment agreements
utilizing the State of Florida Controller's Consolidated Equipment Financing Program. When a
commodity contract requires deferred payments and the payment of interest under that program,
the contract will be submitted to the State of Florida Controller for the purpose of pre-audit
review and approval prior to acceptance by the University. No agreement shall establish a debt
of the State or shall be applied to the faith and credit of the State; nor shall any agreement be a
liability or obligation of the State except from appropriated funds.
(f) In order to promote cost-effective procurement of commodities and contractual
services, the University may enter into contracts that limit the liability of a vendor consistent
with Section 672.719, F.S.
(g) The total value of the contract shall be the purchase price for the initial term plus
all renewal costs.
(8) Standard of Conduct. 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, form or type in
connection with any contract for commodities or services. It shall also be a breach of ethical
standards for any potential contractor to offer an employee of the University a gratuity of any
kind, form or type to influence the development of a contract or potential contract for
commodities or services.
(9) Purchase of Motor Vehicles.
(a) The term "motor vehicle" includes any automobile, truck, watercraft or other
vehicle designed primarily for transporting persons, and construction vehicles or farm
(b) The University has authority to:
1. Establish standard classes of motor vehicles to be leased, purchased or used by
2. Obtain the most effective and efficient use of motor vehicles for state purposes;
3. Establish and operate facilities for the acquisition, disposal, operation,
maintenance, repair, storage, control and regulation of University-owned motor vehicles.
Acquisition may be by purchase, lease, installment-purchase, loan or by any other legal means
and may include a trade-in. All motor vehicles purchased or leased shall be of a class that will
safely transport University personnel and adequately meet the requirements of the University;
4. Contract for specialized maintenance services.
(c) Motor vehicles owned, leased or operated by the University shall be available for
official University business only.
Specific Authority: BOG Resolution dated January 7, 2003.
History--New 1-8-80, Amended 3-26-80, 8-6-81, 2-11-82, Formerly 6C1-3.20, Amended
5-18-92, 7-11-94, 4-30-95, 5-23-96, 6-28-98, 4-30-00, 7-25-02, 2-5-03, 3-30-07 (technical