Rule 60A-1.044, Florida Administrative Code.

 

60A-1.044 State Term Contracts; Usage and Exclusivity; Exceptions.

(1) State Term Contracts. State term contracts are indefinite quantity contracts competitively procured by the Department pursuant to Section 287.057, F.S., available for use by eligible users.

(2) Usage and Exclusivity. Section 287.056(1), F.S., mandates state term contract usage and exclusivity as follows:

(a) Agencies. Agencies are required to use state term contracts, except as provided in this rule.

(b) Other Entities. The Department encourages its vendors to offer state term contract pricing to additional entities, particularly charitable entities recognized under Section 501(c)(3) of the Internal Revenue Code. These entities are encouraged to review state term contracts and request identical pricing, which the vendor may grant at its discretion. Other entities purchasing from state term contracts assume and bear complete responsibility with regard to performance of any contractual obligation or term.

(3) Exceptions. An agency may purchase commodities or contractual services from other than the state term contract vendor(s) if:

(a) The purchase amount does not exceed the greater of $250 or any threshold amount established in the state term contract; or

(b) The agency determines in writing that the contract item cannot meet an agency need because of one of these factors: critical delivery schedules, the need for compatibility with existing equipment, non-availability of service, applications of unique technical requirements, product quality, or specifications that differ from those of the contract commodities or services; or

(c) The state term contract expressly designates that it is a non-exclusive contract, which designation may be conditional, e.g., require any off-contract vendors to match or beat the contract price.