In make option profits trading commodities 1941s
The department may not delegate the responsibilities conferred by this subsection. In lieu of a written agreement, the department may authorize the use of a purchase order for classes of contractual services, if the provisions of paragraphs a - i are included in the purchase order or solicitation.
The purchase order must include, but need not be limited to, an adequate description of the services, the contract period, and the method of payment. In lieu of printing the provisions of paragraphs a - i in the contract document or purchase order, agencies may incorporate the requirements of paragraphs a - i by reference. In addition, the Office of Supplier Diversity shall appoint seven members consisting of three representatives of minority business enterprises, one of whom should be a woman business owner, two officials of the office, and two at-large members to ensure balance.
A quorum shall consist of one-third of the current members, and the task force may take action by majority vote. Any vacancy may only be filled by the organization or agency originally authorized to appoint the position. Thus, the parties seek to address this history by increasing the participation of the identified groups in opportunities afforded by government procurement. The parties find further that some counties, municipalities, school boards, special districts, and other divisions of local government require a separate, yet similar, and in most cases redundant in make option profits trading commodities 1941s in order for businesses to participate in the programs sponsored by each government entity.
Such notice may be made through electronic media. Thereafter it shall become effective as to any participating organization upon the enactment of this agreement by the governing in make option profits trading commodities 1941s of that organization.
The provisions of this agreement are solely for the benefit of in make option profits trading commodities 1941s executors and not intended to create or grant any rights, contractual or otherwise, to any person or entity. This agreement shall be governed by and construed in accordance with the laws and court decisions of the state.
The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the State Constitution or the United States Constitution, or the application thereof to any government, agency, person, or circumstance is held invalid, in make option profits trading commodities 1941s validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.
If this agreement shall be held contrary to the State Constitution, the agreement shall remain in full force and effect as to all severable matters. A candidate for appointment may be considered if eligible to be certified as an owner of a minority business enterprise, or if otherwise qualified under the criteria above. Vacancies may be filled by appointment of the secretary, in the manner of the original appointment.
To these ends, it is the intent of the Legislature to provide sufficient authority to the state, its departments and agencies, and political subdivisions to ensure the integrity of public contracting and purchasing. It is essential to the effective and ethical procurement of commodities and contractual services that there be a system of uniform procedures to be utilized by state agencies in managing and procuring commodities and contractual services; that detailed justification of agency decisions in the procurement of commodities and contractual services be maintained; and that adherence by the agency and the vendor to specific ethical considerations be required.
However, commodities purchased for resale are excluded from this definition. Printing of publications shall be considered a commodity when let upon contract pursuant to s. The term applies only to those services rendered by individuals and firms who are independent contractors, and such services may include, but are not limited to, evaluations; consultations; maintenance; accounting; security; management systems; management consulting; educational training in make option profits trading commodities 1941s research and development studies or reports on the findings of consultants engaged thereunder; and professional, technical, and social services.
Responses to these requests are not offers and may not be accepted by the agency to form a binding contract. The procedures for purchasing insurance, whether the purchase is made by the department or by the agencies, shall be the same as those set forth herein for the purchase of commodities. Any failure to report as required herein shall subject the insurer or agent to the penalties provided in s.
However, no excess insurance shall be purchased on any items listed in in make option profits trading commodities 1941s 1 ceghand iregardless of value or risk. Any contract providing for deferred payments and the payment of interest shall be subject to specific rules adopted by the department.
It may reinstate any such source of supply when it is satisfied that further instances of default will not occur. The products or services shall be placed on such list in a category based upon specification criteria developed through a joint effort of the department and the corporation and approved by the department. If, after review and testing, the department approves of the products and services, the department shall give written notice thereof to in make option profits trading commodities 1941s corporation.
The corporation shall pay a reasonable fee charged for testing its products by the Department of Agriculture and Consumer Services. The products and services shall be placed on such list in a category based upon specification criteria developed by the department in consultation with the qualified nonprofit agency. The department may collect fees for the use of its electronic information services.
The fees may be imposed on an individual transaction basis or as a fixed subscription for a designated period of time. All fees collected under this paragraph shall be deposited in the Operating Trust Fund for disbursement as provided by law. The department may restrict purchases in make option profits trading commodities 1941s some term contracts to state agencies only for those term contracts where the inclusion of other governmental entities will have an adverse effect on competition or to those federal facilities located in this state.
In such planning or purchasing the Office of Supplier Diversity may monitor to ensure that opportunities are afforded for contracting with minority business enterprises.
The department, for state term in make option profits trading commodities 1941s, and all agencies, for multiyear contractual services or term contracts, shall explore reasonable and economical means to utilize certified minority business enterprises. Purchases by any county, municipality, private nonprofit community transportation coordinator designated pursuant to chapterwhile conducting business related solely to the Commission for the Transportation Disadvantaged, or other local public agency under the provisions in the state purchasing contracts, and purchases, from the corporation operating the correctional work programs, of products or services that are subject to paragraph 1 fare exempt from the competitive solicitation requirements otherwise applying to their purchases.
After the award of a contract resulting from a competitive solicitation in which a timely protest was received and in which the state did not prevail, the contract may be canceled and reawarded. For protests of decisions or intended decisions pertaining to exceptional purchases, the bond shall be in an amount equal to 1 percent of the estimated contract amount for the exceptional purchase.
The estimated contract amount shall be based upon the contract price submitted by the protestor or, if no contract price was submitted, the department, water management district, or agency in make option profits trading commodities 1941s estimate the contract amount based on factors including, but not limited to, the price of previous or existing contracts for similar commodities or contractual services, the amount appropriated by the Legislature for the contract, or the fair market value of similar commodities or contractual services.
The agency shall provide the estimated contract amount to the vendor within 72 hours, excluding Saturdays, Sundays, and state holidays, after the filing of the notice of protest by the vendor. The estimated contract amount is not subject to protest pursuant to s. The bond shall be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.
This section shall not apply to protests filed by the Office of Supplier Diversity. This list shall not be used to prequalify vendors or to exclude any interested vendor from bidding. Development in make option profits trading commodities 1941s procedures for advertising solicitations. These procedures must provide for electronic posting of solicitations for at least 10 days before the date set for receipt of bids, proposals, or replies, unless the department or other agency determines in writing that a shorter period of time is necessary to avoid harming the interests of the state.
The Office of Supplier Diversity may consult with the department regarding the development of solicitation distribution procedures to ensure that maximum distribution is afforded to certified minority business enterprises as defined in s.
Development of procedures for electronic posting. The department shall designate a centralized website on the Internet for the department and other agencies to electronically post solicitations, decisions or intended decisions, and other matters relating to procurement. Such in make option profits trading commodities 1941s shall provide the Office of Supplier Diversity an opportunity to monitor and ensure that the contract award is consistent with the requirements of s.
Such methods may include, but are not limited to, procedures for identifying vendors; setting qualifications; conducting conferences or written question and answer periods for purposes of responding to vendor questions; evaluating bids, proposals, and replies; ranking and selecting vendors; and conducting negotiations.
Such procedures are limited to information technology consultant contracts for which the total project in make option profits trading commodities 1941s, or planning or study activities, are estimated to exceed the threshold amount provided in s.
Agencies shall follow the definitions and classes of commodities and contractual services established by the department in acquiring or purchasing commodities or contractual services. The authority of the department under this section shall not be construed to impair or interfere with the determination by state agencies of their need for, or their use of, services including particular specifications.
Agencies may not approve any account or request any payment of any account for the purchase of any commodity or the procurement of any contractual service covered by a purchasing or contractual service rule except as authorized therein. The department shall furnish copies of rules adopted by the department to any county, municipality, or other local public agency requesting them.
All agencies shall furnish such information for this purpose to the office and to the department, as the department or office may call for, but no less frequently than annually, on such forms or in such manner as the department may prescribe.
Such purchasing of commodities and procurement of contractual services by state agencies shall be in strict accordance with the rules and procedures prescribed by the department. Such awards may be on a statewide or regional basis. If regional contracts are established by the department, multiple supplier awards may be based upon multiple awards for regions.
Agencies may award contracts to a responsible and responsive vendor on a statewide or regional basis. The funds shall be transferred by the Executive Office of the Governor pursuant to the agency budget amendment request provisions in chapter The Chief Financial Officer shall report these transfers and the reasons for the transfers to the Executive Office of the Governor and the in make option profits trading commodities 1941s appropriations committees.
The department shall enter into a contract or contracts with one contractor per facility for the designing, acquiring, financing, leasing, constructing, and operating of that facility or may, if specifically authorized by the Legislature, separately contract for any such services. A project may include: A grouping of minor construction, rehabilitation, or renovation activities.
A grouping of substantially similar construction, rehabilitation, or renovation activities. Firms providing professional services under continuing contracts shall not be required to bid against one another. Is certified under s.
The design criteria package must specify performance-based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and in make option profits trading commodities 1941s requirements applicable to the project.
For purposes of this section, the term does not include presentation of flat-fee schedules with no alternatives or discussion. Each agency shall publicly announce, in a uniform and consistent manner, each occasion when professional services must be purchased for a project the basic construction cost of which is estimated by the agency to exceed the threshold amount provided in s.
The public notice must include a general description of the project and must indicate how interested consultants may apply for consideration. Each agency shall provide a good faith estimate in determining whether the proposed activity meets the threshold amounts referred to in this paragraph. The agency must find that the firm or individual to be employed is fully qualified to render the required service.
Among the factors to be considered in in make option profits trading commodities 1941s this finding are the capabilities, adequacy of personnel, past record, and experience of the firm or individual. When securing professional services, an agency must endeavor to meet the minority business enterprise procurement goals under s.
In determining whether a firm is qualified, the agency shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms.
The agency may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations under subsection 5. However, if, in make option profits trading commodities 1941s using another procurement process, the majority of the compensation proposed by firms is in excess of the appropriate threshold amount, the agency shall reject all proposals and reinitiate the procurement pursuant to this subsection.
In making such determination, the agency shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in s. Any professional service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
All such contract adjustments must be made within 1 year following the end of the contract. The agency shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency must terminate negotiations. The agency shall then undertake negotiations in make option profits trading commodities 1941s the third most qualified firm. However, nothing herein shall be construed to be in derogation of any authority conferred on the Department of Management Services by other express provisions of law.
Additionally, any agency of government may, with the approval of the Department of Management Services, delegate to the Department of Management Services authority to administer and perform the functions described in subsections 34and 5.
Under the terms of the delegation, the agency may reserve its right to accept or reject a proposed contract. If the agency elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional must be selected and contracted with under the requirements of subsections 4 and 5. A design criteria professional who has been selected to prepare the design criteria package is not eligible to render services under a design-build contract executed pursuant to the design criteria package.
Each other agency must adopt rules or ordinances for the award of design-build contracts. Municipalities, political subdivisions, school districts, and school boards shall award design-build contracts by the use of a competitive proposal selection process as described in this subsection, or by the use of a qualifications-based selection process pursuant to subsections 34and 5 for entering into a contract whereby the selected firm will, subsequent to competitive negotiations, establish a guaranteed maximum price and guaranteed completion date.
Procedures for the use of a competitive proposal selection process must include as a minimum the following: The preparation of a design criteria package for the design and construction of the public construction project.
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