60E-1.001 Definitions.

1. CNA – means the central, nonprofit agency authorized under Section 413.035(1), F.S., to facilitate the allocation of orders as specified therein.
2. Department – means the Florida Department of Management Services.
3. Purchasing Office – means a state office, including the office of any political subdivisions, such as a county, municipality, or school district, that places orders for the procurement of any commodity or service.
4. Employment Centers – means a workshop for the blind or other severely handicapped person as used in Chapter 413, F.S., that is geographically located in the State of Florida.

Specific Authority 413.035, 413.036 FS. Law Implemented 413.033(2), (3)(c), (6), 413.034, 413.035, 413.036 FS. History–New 10-12-81, Formerly 13G-1.01, Amended 2-22-89, Formerly 13G-1.001, Amended 12-31-95, 10-22-06.

60E-1.003 Central, Non-Profit Agency (“CNA”).

1. By way of competitive solicitation conducted as prescribed in Chapter 287, F.S., a CNA may be designated to represent employment centers for the blind and other severely handicapped in facilitating the allocation of orders by purchasing offices.
2. The following shall be responsibilities of the CNA:
   1. Assist employment centers by facilitating the allocation of orders among employment centers.
   2. Evaluate the ability of employment centers to provide the products or services they offer and advise the Department of its findings.
   3. Based on the cost to the employment centers, provide the Department with its current recommended prices for suitable commodities or services for procurement from its employment centers.
   4. Maintain an internet website providing, at a minimum, a listing of its network of employment centers and a listing of all commodities and services offered by each employment center. The CNA’s website can be found at http://www.respectofflorida.org.
   5. Maintain all necessary records and data on its employment centers to enable the Department to properly review and audit all employment center purchase activities.
   6. Monitor the employment centers and advise the Department of any concerns the CNA may have regarding an employment center’s ability to provide the products or services they offer.
   7. As market conditions change, recommend to the Department price changes for commodities or services provided by its employment centers and provide justification for the recommended change(s).
   8. Provide the Department with full and complete access to all purchasing office records as required by the Department.
   9. Make commodities and services offered by its employment centers available to eligible users through the MyFloridaMarketPlace procurement system.
3. The CNA shall not engage in the following actions –
   1. Enter into nondisclosure agreements or contracts which prohibit employees or associates of the CNA from meeting with, discussing or providing information requested by the Department or its authorized representatives.
   2. Require that employment centers join or become a member of any industry or trade association as a condition of being part of the CNA’s network of employment centers.
4. Assignment of commodity or service –
   1. Any employment center may, in writing to the CNA, propose to have the employment center assigned to the procurement list to provide a particular commodity or service. Proposals for addition to the procurement list shall at a minimum: clearly identify the commodity or service the employment center proposes to offer; include a cost proposal for the offered commodity or service; and specify why it would be in the state’s best interest to assign the commodity or service to the employment center.
   2. Subject to approval by the Department, the CNA shall assign commodities or services to employment centers based on the ability of the employment centers to produce the commodity or provide the service.
   3. The employment center assigned by the Department to provide a particular commodity or service shall be placed on the procurement list within 60 days after it is assigned to make available the commodities or services it offers for purchase by purchasing offices.
   4. If the Department determines that an employment center cannot provide the commodities or services assigned, the Department may reassign the commodity or service to another employment center capable of providing the commodity or service.
5. Distribution of orders – The CNA shall allocate orders from purchasing offices only to employment centers which the Department has assigned to produce the specific commodity or to perform the particular service. When the Department has assigned two or more employment centers to produce a specific commodity, or perform a particular service, the CNA shall allocate orders among those employment centers in a fair and equitable manner.
6. Priority over correctional work program – When purchasing offices buy any product or service pursuant to the Act, priority shall be given to the products and services designated by the Department and offered by employment centers over any requirement to purchase from the Corporation operating the correctional work programs under Chapter 946, F.S., unless such priority is waived by the Department through the CNA.
7. Waiver of priority – Within thirty (30) days after notification by the Corporation operating the correctional work programs that the Corporation has proposed a commodity or service to be produced by correctional work programs and offered for purchase to purchasing offices, the Department shall notify the Corporation and the CNA of its intention to exercise or waive the priority on the proposed commodity or service. Waiver of priority shall occur only when determined by the Department that such waiver will provide the best value to the state.
   1. The Corporation operating the correctional work programs need not request waiver of priority when a proposed commodity change only involves a change of color or size of an item which is part of a sequence of identical items and is currently provided by the correctional work programs under an existing contract.
   2. Priority may be exercised by the Department, through the CNA, if a proposed or similar commodity or service is currently on the Department’s procurement list or if a qualified employment center is in the process of adding a same or similar commodity or service to the Department’s procurement list. Addition of a same or similar commodity or service to the procurement list shall be done in accordance with the process described in subsection 60A-1.003(4), F.A.C.

Specific Authority 413.035, 413.036 FS. Law Implemented 413.033(3), (4), 413.035, 413.036 FS. History–New 10-12-81, Formerly 13G-1.03, Amended 2-22-89, Formerly 13G-1.003, Amended 12-31-95, 10-22-06.

60E-1.004 Employment Centers.

1. Procedures for qualification of employment centers –
   1. To qualify for participation under the Act, an employment center must:
      1. Be certified as a qualified agency for the blind or other severely handicapped as provided in Section 413.033, F.S.; and
      2. Apply to the CNA to provide the commodities or contractual services under the Act. The application shall be standardized in form, created and furnished by the CNA, and shall be subject to approval by the Department before used.
   2. The Department shall review the documents submitted and determine whether the employment center is eligible to participate under the Act.
2. Responsibilities – Each employment center participating under the Act shall:
   1. Maintain its status as a qualified nonprofit agency as defined in Section 413.033, F.S., while providing commodities or contractual services as an employment center;
   2. Furnish commodities or services in accordance with Purchase Office orders; and
   3. Make its records available for inspection at any reasonable time.
3. The CNA shall ensure employment centers comply with all governing laws and rules regarding commodities or contractual services offered pursuant to Chapter 413, F.S. Substantial and continuing noncompliance by an employment center in complying with all governing laws or rules that relate to the commodities or contractual services they offer shall result in the employment center being suspended or removed from the procurement list by the Department.

Specific Authority 413.035, 413.036 FS. Law Implemented 413.035, 413.036 FS. History–New 10-12-81, Formerly 13G-1.04, 13G-1.004, Amended 12-31-95, 7-9-97, Amended 10-22-06.

60E-1.005 Procurement Requirements and Procedures.

1. Purchasing offices shall obtain employment center commodities and services as designated on the employment center procurement list maintained electronically by the CNA.
2. Purchases of commodities and services by purchasing offices from the procurement list are exempt from the competitive bidding requirements of Chapter 287, Part I, F.S.
3. Allocation and orders –
   1. Allocation is the action to be taken by the CNA to designate the employment center(s) that will produce definite quantities of commodities or perform specific services upon receipt of an order.
   2. Purchase orders for employment center commodities or services shall contain for:
      1. Commodities: Name, commodity number, quantity, unit price, and place and time of delivery.
      2. Services: Type and location of service required, latest specification, work to be performed, estimated volume, and time for completion.
   3. Purchasing offices shall issue purchase orders providing sufficient time for the CNA to reply, for the order(s) to be placed, and for the employment center to produce the commodity or provide the service.
   4. If a commodity or service is available from both an employment center and under a state term contract, the agency or eligible user may purchase such commodity or service from whichever of the two procurement options provides the best value to the agency or eligible user.
   5. The CNA shall make allocations to the appropriate employment center upon receipt of an order from the purchasing office.
   6. As to commodities or services offered by employment centers on the procurement list, the list shall provide for each the amount of lead time necessary for the employment center to provide the commodities or complete performance of the services listed. If there are changes in the amount of lead time required to provide a commodity or service, the procurement list shall be duly updated by the CNA.
   7. The CNA shall keep the purchasing office informed of any changes in the lead time experienced by its employment centers.
   8. Delays by employment centers in providing commodities or services should be immediately reported by the employment center to the purchasing office. If the CNA or employment center cannot provide the commodities or services within a reasonable time, the purchasing office may proceed to procure those commodities or services from commercial sources. Repeated delays by an employment center in providing designated commodities or services will result in the employment center being removed from the procurement list by the Department.
4. Certification of exceptions – If the CNA, for whatever reason, cannot provide the commodities or services requested from the procurement list via a purchase order, the CNA will so notify the requesting agency or political subdivision, in writing, and the Department of its determination within one week of receiving the purchase order. Thereafter, the purchasing office may procure such commodities or services as provided in Chapter 287, F.S.
5. Prices –
   1. The prices included in the procurement list are fair market prices established by the Department.
   2. Prices for commodities include delivery costs (FOB destination), and include packaging, packing and marking as shown on the procurement list.
   3. Price changes for commodities shall apply to all orders placed on or after the effective date of the change.
6. Shipping and packing –
   1. Commodities shall be shipped freight prepaid (FOB destination). Delivery is accomplished when a shipment is received and accepted by the purchasing agency. Time of delivery is the date the shipment is received.
   2. Standard pack information is stated in item descriptions. In ascending order, standard pack is given in multiples of the unit of issue contained within the inner wrap(s) and the outer shipping container pack.
7. Payments to be made within thirty (30) days – Payments for products or services of the blind or other severely handicapped shall be made within thirty (30) days after receipt of shipment and a correct invoice or voucher, whichever is later.
8. Adjustment and cancellation of orders – When the CNA or an employment center fails to comply with the terms of a purchase order, the purchasing office shall make reasonable efforts to negotiate adjustments before taking action to cancel the order. When a purchase order is cancelled for failure to comply with its terms, the CNA shall be notified, and if practicable, requested to reallocate the order. The CNA shall notify the Department of any cancellation of an order and the reason therefor.
9. Correspondence and inquiries – Routine correspondence or inquiries by purchasing offices concerning deliveries of commodities being shipped from or performance of services by employment centers shall be directed to the CNA.
10. Quality of merchandise and services produced or provided by employment centers –
    1. Commodities furnished under state specification by employment centers shall be manufactured in strict compliance with such specifications. Where no specifications exist, commodities produced shall be of the highest quality and equal to similar items available on the commercial market. The agency may, at any reasonable time after delivery, inspect the commodities to assess conformity with state specifications or, if no specification exists, determine whether they are of the highest quality and equal to similar items available on the commercial market.
    2. Services provided by blind or other severely handicapped employment centers shall be performed in accordance with state specifications and standards. Where no state specification or standard exists, the services shall be performed in a commercially reasonable manner.
11. Quality complaints – When the quality of a commodity or service received from employment centers is not commercially reasonable or fails to meet state specifications, the purchasing office shall submit the issue to the CNA. If the commodity or service quality issue(s) cannot be resolved by the employment center and the CNA, the purchasing office shall notify the Department and the Department will determine whether the noncompliance warrants removing the employment center from the procurement list.
12. Specification changes –
    1. Specifications cited in the procurement list may be periodically revised to keep the list current with industry changes and agency needs. The most recent revision of the procurement list shall be maintained on the CNA’s website as provided in paragraph 60E-1.003(2)(d), F.A.C., above. Upon request by the CNA, the Department shall provide the CNA with the latest applicable commodity or service specification.
    2. Determinations regarding creation of new commodity numbers shall be recommended by the CNA to the Department. The Department shall be responsible for determining whether adding the new commodity number is necessary or if the commodity already falls under an existing number. If the Department determines that assignment of a new commodity number is warranted, it shall assign such number and notify the CNA of such designation, and the CNA shall, in turn, incorporate such change in its listed products.
13. Deletion of items from the Procurement List –
    1. When the CNA determines that deletion of a commodity or service from its procurement list is warranted, it shall notify the Department and coordinate such deletion with the Department.
    2. Upon deletion of a commodity from the procurement list, employment centers will be required to complete production of any outstanding orders for commodities unless it is determined by the purchasing office issuing an order to be cost effective to release the employment center from having to satisfy its obligation under the order.
    3. For services currently being provided, the CNA shall notify both the Department and corresponding purchasing office of its intent to discontinue performance of the services at least 90 days in advance of the date the CNA will remove the service from the procurement list.
    4. The Department may remove an item from the procurement list without a request from the CNA if the Department determines that none of the employment centers participating in the program are capable of providing the commodity or service.

Specific Authority 413.035, 413.036 FS. Law Implemented 413.035, 413.036 FS. History–New 10-12-81, Formerly 13G-1.05, Amended 2-22-89, Formerly 13G-1.005, Amended 12-31-95, 10-22-06.