Florida Regulations 69I-44.005: Competitive Procurement of Services and Commodities
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(1) Competitive Bids Required on Purchases Exceeding $25,000 – All purchases for which the total contract value is in excess of $25,000 for a commodity, group of commodities or services shall be made by first securing formal competitive bids, except as provided in subsection 69I-44.005(8), F.A.C.
(2) Legal Advertisements – All purchases in excess of $25,000 shall be advertised at least once in a newspaper of general circulation no less than ten (10) calendar days prior to the bid opening. This is only a minimal requirement and the complexity of the bid specifications should be considered in establishing the frequency, lapse time, and number of newspapers in which the advertisement may appear.
(3) Receipt of One Bid in the First Call for Bids on Commodities and Services exceeding $25,000 – When only one bid is received for the purchase of a commodity, group of commodities, or services exceeding $25,000 in the first call for bids, the landowner shall submit to the Department the complete file, including a copy of all bids along with a tabulation sheet noting “”no bid”” responses. The Department may, in writing, authorize the purchase or make appropriate recommendations for re-bidding. If the purchase is authorized, the Department shall state in its written authorization the reasons therefor.
(4) No Bid Received – In the event no bids are received for commodities or services, the landowner shall advise the Department, in writing, the conditions and circumstances surrounding the bid. After review, the Department may authorize the landowner to negotiate such purchase at the best terms and conditions.
(5) No purchase shall be divided or subdivided in order to circumvent the competitive bid requirements of these rules.
(6) Determination of Best Bid – It shall be the responsibility of the landowner to determine the lowest responsible and responsive bidder. In any case where a landowner makes a determination to accept a bid other than the low bid meeting specifications and conditions for commodities and services, it shall first submit to the Department its complete file containing all information available to the landowner, including justification for such determination. Failure to follow this requirement may cause the item of expense to be disallowed.
(7) Right to Reject Bids – Correction of Bids – The landowner shall reserve the right to reject any or all bids and such reservation shall be indicated in all advertising and bid invitations. The landowner shall reserve the right to waive minor irregularities in an otherwise valid bid. A minor irregularity is a variation from the bid invitation terms and conditions which does not affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders, or does not adversely impact the interests of the State. Variations which are not minor cannot be waived. A bidder may not modify its bid after bid opening. Mistakes clearly evident on the face of the bid document, such as an error in an arithmetic extension of pricing may be corrected by the landowner.
(8) Authorization of Single Source Purchases – Purchases of commodities or services from a single source may be exempted from bid requirements by the Department, in writing, upon filing a certification by the landowner stating the conditions and circumstances requiring the purchase be exempted from bid requirements. This certification shall set forth the purpose and need and why the commodity or service is the only one that will produce the desired results. The Department shall, in writing, approve or deny the request stating the reasons therefor.
Rulemaking Authority 17.29, 378.037(2) FS. Law Implemented Florida Statutes § 378.037. History-New 8-9-83, Formerly 3A-44.05, Amended 11-30-94, Formerly 3A-44.005.
Terms Used In Florida Regulations 69I-44.005
- Contract: A legal written agreement that becomes binding when signed.
(3) Receipt of One Bid in the First Call for Bids on Commodities and Services exceeding $25,000 – When only one bid is received for the purchase of a commodity, group of commodities, or services exceeding $25,000 in the first call for bids, the landowner shall submit to the Department the complete file, including a copy of all bids along with a tabulation sheet noting “”no bid”” responses. The Department may, in writing, authorize the purchase or make appropriate recommendations for re-bidding. If the purchase is authorized, the Department shall state in its written authorization the reasons therefor.
(4) No Bid Received – In the event no bids are received for commodities or services, the landowner shall advise the Department, in writing, the conditions and circumstances surrounding the bid. After review, the Department may authorize the landowner to negotiate such purchase at the best terms and conditions.
(5) No purchase shall be divided or subdivided in order to circumvent the competitive bid requirements of these rules.
(6) Determination of Best Bid – It shall be the responsibility of the landowner to determine the lowest responsible and responsive bidder. In any case where a landowner makes a determination to accept a bid other than the low bid meeting specifications and conditions for commodities and services, it shall first submit to the Department its complete file containing all information available to the landowner, including justification for such determination. Failure to follow this requirement may cause the item of expense to be disallowed.
(7) Right to Reject Bids – Correction of Bids – The landowner shall reserve the right to reject any or all bids and such reservation shall be indicated in all advertising and bid invitations. The landowner shall reserve the right to waive minor irregularities in an otherwise valid bid. A minor irregularity is a variation from the bid invitation terms and conditions which does not affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders, or does not adversely impact the interests of the State. Variations which are not minor cannot be waived. A bidder may not modify its bid after bid opening. Mistakes clearly evident on the face of the bid document, such as an error in an arithmetic extension of pricing may be corrected by the landowner.
(8) Authorization of Single Source Purchases – Purchases of commodities or services from a single source may be exempted from bid requirements by the Department, in writing, upon filing a certification by the landowner stating the conditions and circumstances requiring the purchase be exempted from bid requirements. This certification shall set forth the purpose and need and why the commodity or service is the only one that will produce the desired results. The Department shall, in writing, approve or deny the request stating the reasons therefor.
Rulemaking Authority 17.29, 378.037(2) FS. Law Implemented Florida Statutes § 378.037. History-New 8-9-83, Formerly 3A-44.05, Amended 11-30-94, Formerly 3A-44.005.