Notice of Proposed Rules – 6C-3.020 and 6C-3.025
Pamela J. Bernard Vice President and General Counsel
Below is a copy of the Notice of Change in Proposed Rule that appeared in The Gainesville Sun on June 5, 2002. Please distribute and post this notice upon receipt.
6C1-3.020 Finance and Administration; Purchasing
Rule paragraph (3)(a) has been removed.
The word “may” has been changed to “will” and the following has been added to the last sentence in paragraph (3)(g) (now (3)(f)): “unless the final order or settlement between the parties provides otherwise.”
Rule paragraph (4)(b), has been rewritten as follows:
When only one response is received to a competitive solicitation for commodities or contractual services exceeding $50,000, the University will 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.
Rule paragraph (4)(c) has been revised to read as follows:
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.
Paragraph (5)(a) has been removed.
The word “may” has been changed to “will” in rule subparagraph (5)(g)1.
Subparagraph (5)(i)2. (now (5)(h)2.) has been rewritten as follows:
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 rule on outside activities, Rule 6C1-1.011, F.A.C.
Rule paragraph (6)(a) has been removed.
Rule paragraph (6)(b) (now (6)(a)), has been rewritten as follows:
The University is authorized to require any contractor contracting with the University to provide commodities 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 University is uncertain about the contractor’s ability to perform.
The last sentence of rule paragraph (6)(c) (now (6)(b)), the word “may” has been changed to “will.”
Rule paragraph (7)(e) has been rewritten as follows:
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.
Section 240.207(7), F.S. has been removed as law implemented.
6C1-3.025 Finance and Administration; Lease of Space
The following has been added to sub-subparagraph (9)(a)1.a:
The decision to extend a lease and to remain in space currently occupied shall be based on the following factors: the cost of moving, the disruption of activities that will occur as a result of moving, the location of the space, the suitability of the space, the proximity of services, the layout and type of space, and the quality of space involved.
Rule subsection (12) has been rewritten as follows:
Standard Method of Space Measurement. Space measurement shall be based on usable space as defined in Department of Management Services Rule 60H-2.003(2), F.A.C.
Rule sub-subparagraphs (9)(c)2.a. and (9)(d)2.a. now read as follows:
Approximate net square footage required to be measured in accordance with Rule 60H-2.003(2), F.A.C.
The reference to Section 229.0082(1), F.S., has been removed and the reference to section 242.242, F.S., has been changed to 240.242, F.S. Except for these changes, the rules published by the University on March 11, 2002 will be adopted as originally proposed.
NOTE: Please remember that by law you are required to print the notices and post the hard copy of this memorandum in an appropriate place, such as the unit’s office or bulletin board, in order that affected persons can be notified.