November 26, 2020
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       Florida Senate - 2010                                     SB 588
       
       
       
       By Senator Fasano
       
       
       
       
       11-00602-10                                            2010588__
    1                        A bill to be entitled                      
    2         An act relating to efficiency in procurement and
    3         contracting; creating s. 287.0575, F.S.; establishing
    4         the Advisory Committee on State Procurement for the
    5         purpose of evaluating the state procurement process
    6         and carrying out the legislative policy created under
    7         the act; providing policy of the Legislature with
    8         respect to the procurement of goods, services, and
    9         facilities by the state; providing for membership,
   10         organization, and staffing of the committee; providing
   11         duties of the committee; providing powers of the
   12         committee; requiring state agency cooperation with the
   13         committee; requiring reports of the committee;
   14         providing for termination of the committee; providing
   15         an appropriation; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 287.0575, Florida Statutes, is created
   20  to read:
   21         287.0575 Advisory Committee on State Procurement; policy;
   22  duties; termination of advisory committee.—
   23         (1) ADVISORY COMMITTEE ON STATE PROCUREMENT;
   24  ESTABLISHMENT.—The Advisory Committee on State Procurement is
   25  established for the purpose of evaluating the entire state
   26  procurement process of the executive branch of government,
   27  including the Department of Financial Services and the
   28  Department of Agriculture and Consumer Services. This evaluation
   29  shall include the organization, staffing, leadership, planning,
   30  and controls involved in the procurement and contracting
   31  process, for the purpose of carrying out the policy set forth in
   32  subsection (2).
   33         (2) LEGISLATIVE POLICY.—It is the policy of the Legislature
   34  to promote economy, efficiency, and effectiveness in the
   35  procurement of goods, services, and facilities by and for the
   36  executive branch of state government through the following
   37  means:
   38         (a) The establishment of policies, procedures, and
   39  practices which require the state to procure goods, services,
   40  and facilities of requisite quality, in a timely manner, and at
   41  the lowest reasonable cost, using competitive bidding to the
   42  maximum extent possible.
   43         (b) Improvement of the quality, efficiency, economy, and
   44  performance of organizations and personnel involved in the
   45  procurement of goods, services, and facilities by the state.
   46         (c) Elimination of unnecessary overlapping or duplication
   47  of procurement activities and related activities such as
   48  contract administration.
   49         (d) Elimination of unnecessary or redundant requirements
   50  placed on contractors or on officials in charge of the
   51  procurement of goods, services, and facilities by the state.
   52         (e) Identification of gaps, omissions, or inconsistencies
   53  in state laws, rules, and directives relating to the procurement
   54  of goods, services, and facilities by the state which should be
   55  brought to the attention of the Legislature.
   56         (f) Attainment of greater uniformity in and simplification
   57  of procurement procedures, whenever appropriate.
   58         (g) Coordination of the procurement policies and programs
   59  of the various departments and agencies of the state, whenever
   60  possible.
   61         (h) The conforming of procurement policies and programs to
   62  other successful established state policies and programs,
   63  whenever appropriate.
   64         (i) Minimization of possible disruptive effects of state
   65  procurement on particular industries, areas, or occupations.
   66         (j) Improvement of training with respect to, and the
   67  understanding of, the laws and policies of the state relating to
   68  the procurement of goods, services, and facilities by the state,
   69  not only within state government but on the part of
   70  organizations and individuals doing business with the state.
   71         (k) Promotion of fair dealing and equitable relationships
   72  among the parties in state contracting.
   73         (l) Promotion of economy, efficiency, and effectiveness in
   74  state procurement organizations, operations, and uniform
   75  reporting by any means the committee deems beneficial and
   76  appropriate.
   77         (m) Giving special consideration to procurement laws,
   78  policies, procedures, practices, organization, staffing,
   79  leadership, and controls of the procurement processes of the
   80  Federal Government and other states.
   81         (n) Promotion of economy, efficiency, and effectiveness in
   82  procurement, contract management, and project management
   83  operations.
   84  
   85  Nothing in this subsection shall be construed as limiting the
   86  committee’s means of facilitating the legislative policy
   87  expressed herein, the inquiries of the committee, or the
   88  committee’s authority to investigate additional areas the
   89  committee deems significant, relevant, or important.
   90         (3) MEMBERSHIP; ORGANIZATION.—
   91         (a) The committee shall be composed of 11 members. Three
   92  members shall be appointed by the President of the Senate, three
   93  members shall be appointed by the Speaker of the House of
   94  Representatives, three members shall be appointed by the
   95  Governor, one member shall be appointed by the Chief Financial
   96  Officer, and one member shall be the director of the Office of
   97  Program Policy Analysis and Government Accountability or the
   98  director’s designee. Of the three appointments made by the
   99  President of the Senate, two appointees shall be Senators who
  100  are not of the same political party, and one appointee shall be
  101  from outside state government. Of the three appointments made by
  102  the Speaker of the House of Representatives, two appointees
  103  shall be members of the House of Representatives who are not of
  104  the same political party, and one appointee shall be from
  105  outside state government. Of the three appointments made by the
  106  Governor, two appointees shall be from the executive branch of
  107  state government and one appointee shall be from outside state
  108  government. All committee appointments shall be made within 60
  109  days of the date on which this act becomes law.
  110         (b) The committee shall select a chair and a vice chair
  111  from among its members.
  112         (c) Six members of the committee shall constitute a quorum.
  113         (d) Any vacancies in the committee shall be filled for the
  114  unexpired term in the same manner as the original appointment.
  115         (e) The Office of Program Policy Analysis and Government
  116  Accountability shall staff the advisory committee and provide
  117  administrative support, administer contracts with outside
  118  consultants, and provide evaluative research support to the
  119  committee.
  120         (4) DUTIES OF ADVISORY COMMITTEE.—The advisory committee
  121  shall study and investigate:
  122         (a) The current laws of the state which govern the
  123  procurement of goods, services, and facilities by the state;
  124         (b) The procurement policies, rules, procedures, and
  125  practices followed by the departments, bureaus, agencies,
  126  boards, commissions, offices, and instrumentalities of the
  127  executive branch of state government; and
  128         (c) The organizations and management processes involved in
  129  a state procurement of goods, services, and facilities prior to
  130  the award of a state procurement contract, during the
  131  solicitation of bids, evaluation, and negotiation of a contract,
  132  and subsequent to the award of the contract to determine the
  133  extent to which these organizations and management processes
  134  facilitate the policy set forth in subsection (2).
  135         (5) POWERS OF ADVISORY COMMITTEE.—
  136         (a) The advisory committee may hold hearings and take
  137  testimony. Any member of the committee may, on behalf of the
  138  committee as a whole, administer oaths or affirmations to
  139  witnesses at a hearing of the advisory committee.
  140         (b) The committee may acquire information directly from the
  141  head of any state department or agency for the purpose of its
  142  studies and investigations. All departments and agencies shall
  143  cooperate with the committee and furnish all information
  144  requested by the committee to the extent permitted by law.
  145  Requests for information are required to be made in the name of
  146  the chair or vice chair of the committee.
  147         (c) The committee may procure the services of experts and
  148  consultants.
  149         (d) The committee may enter into contracts with private
  150  organizations and nonprofit institutions to carry out studies
  151  and prepare reports to facilitate the committee’s work.
  152         (6) AGENCY COOPERATION.—All departments or agencies of the
  153  state are required to provide services to the committee upon
  154  request, on a reimbursable basis or otherwise, pursuant to
  155  agreements between the contributing agency and the chair or vice
  156  chair of the committee.
  157         (7) REPORTS.—
  158         (a) The advisory committee may make such interim reports as
  159  it deems advisable.
  160         (b) By December 31, 2011, the advisory committee shall
  161  submit to the Speaker of the House of Representatives, the
  162  President of the Senate, the Governor, and the Chief Financial
  163  Officer the final report of its findings and recommendations for
  164  changes in statutes, rules, policies, procedures, and
  165  organization necessary to carry out the policy set forth in
  166  subsection (2).
  167         (8) TERMINATION OF ADVISORY COMMITTEE.—The Advisory
  168  Committee on State Procurement shall cease to exist 120 days
  169  after the submission of its final report. The committee and its
  170  staff shall utilize the 120-day period between the submission of
  171  the final report and the termination of the committee to draft
  172  or assist in final preparation of legislative or administrative
  173  proposals that will carry out the recommendations of the
  174  committee contained in its final report.
  175         Section 2. For the 2010-2011 fiscal year, the sum of $3.5
  176  million is appropriated from the General Revenue Fund to the
  177  Advisory Committee on State Procurement for the purposes of
  178  carrying out the provisions of this act.
  179         Section 3. This act shall take effect upon becoming a law.

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