Reference Materials and Statute Information

Reference Links:

These materials can be viewed in their larger context by visiting http://www.flsenate.gov/Statutes/ for the Florida Statutes and http://fac.dos.state.fl.us for the Florida Administrative Code. The Department's forms are available at http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms

287.042(16)(a), F.S.

[The department shall have the following powers, duties, and functions:]

To evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, when it is determined in writing to be cost-effective and in the best interest of the state, to enter into a written agreement authorizing an agency to make purchases under a contract approved by the department and let by the Federal Government, another state, or a political subdivision.

60A-1.047, F.A.C.

60A-1.047 Alternate Contract Sources of Commodities and Services.

(1) Requests for alternate contract source approval. Agencies may request permission from the Department to purchase commodities or services from term contracts or requirements contracts competitively established by other governmental entities.

Agencies must submit Form PUR 7102 (03/04), "Agency Request for Review of Alternate Contract Source," which is hereby incorporated by reference, in order to request permission. This form is available on the internet at http://dms.myflorida.com/purchasing. The contract must contain specific language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent.

(2) Approval of alternate contract source requests. If the Department determines that the agency's alternate contract source is cost-effective and in the best interest of the State, the Department shall approve the contract for use by the requesting agency. The Department reserves the right to approve the contract for a single transaction or multiple transactions.

(3) Department identification of alternate contract sources. The Department shall independently identify term contract or requirements contracts awarded by other governmental entities, and approve such alternate contract sources for use by agencies.

The Department shall only approve those alternate contract sources that are cost-effective and in the best interest of the State.

(4) Alternate contract sources available online. The Department shall maintain on its website a list of all current alternate contract sources and the agencies authorized to use such contracts. The Department's website is http://dms.myflorida.com.

(5) Cooperative Purchasing. An agency may include language in a term contract authorizing the Department to approve the contract as an alternate contract source if requested by another agency. The Department recommends the following sentence: "As provided in Section 287.042(16)(a), F.S., other state agencies may purchase from the resulting contract, provided that the Department of Management Services has determined that the contract's use is cost-effective and in the best interest of the State. Upon such approval, the Contractor may, at its discretion, sell these commodities or services to additional agencies, upon the terms and conditions contained herein."

Specific Authority 287.042(12) FS. Law Implemented 287.042(16) FS. History-New 7-11-04.