RULE NO: RULE TITLE
60A-1.041: Solicitation Requirements
These changes are in response to written material received on or before the date of the final public hearing, comments received by the Department during the final public hearing and comments received from staff of the Joint Administrative Procedures Committee.
The above-mentioned rules are changed as follows:
60A-1.041 Solicitation Requirements.
(1) through (3) No change.
(4) Certification of Contract Negotiators – Persons seeking certification as a contract negotiator shall complete and submit to the Department Form PUR 2011 #### (0#/07 06), “Application for Certification as Contract Negotiator.” Applicants shall either scan the completed form and submit it electronically to PURCertification@dms.state.fl.us, fax the form to the Department as provided in the PUR 2011 or mail the completed form to State Purchasing, Department of Management Services,
(a) Any person certified by the Department as a Florida Certified Negotiator prior to the effective date of this administrative rule shall retain their contract negotiator status. The Department will issue to each prior-certified negotiator a new certificate reflecting his or her status as a Certified Contract Negotiator. Submission of Form PUR 2011 #### will not be required;
(b) Any person who has: (1) completed either the National Institute of Governmental Purchasing (“NIGP”) NIGP General Public Procurement seminar or the NIGP Sourcing in the Public Sector seminar or Department-approved equivalent; (2) completed the NIGP Negotiation Strategies seminar offered by the Department or Department-approved equivalent; (3) completed the Department’s Negotiation in Florida seminar or Department-approved equivalent training by another agency of the State of Florida; (4) worked a minimum of twelve (12) months as either a purchasing agent, contract manager or contract administrator for the State of Florida or one of its political subdivisions where the job description for the position required that at least half of the individual’s designated duties included: procuring commodities or services; or their participating in contract negotiation, or contract management or contract administration;, or working worked as a state or political subdivision agency attorney whose duties included providing legal counsel to an agency’s purchasing or contracting staff; and (5) led at least one federal, state or local government negotiation team through a negotiated procurement or served on at least three federal, state or local government negotiation teams;
(c) Any person holding a Masters in Business Administration or other graduate level business degree from a state accredited college or university an M.B.A. (or similar graduate degree) who has: (1) completed either the NIGP General Public Procurement seminar, the NIGP Sourcing in the Public Sector seminar or Department-approved equivalent; (2) completed a semester-long business school or graduate level class on negotiation, the Negotiation Strategies seminar offered by the Department, or Department-approved equivalent; (3) completed the Department’s Negotiation in Florida seminar or Department-approved equivalent training by another agency of the State of Florida; (4) worked a minimum of twelve (12) months as either a purchasing agent, contract manager, or contract administrator for the State of Florida or one of its political subdivisions where the job description for the position required that at least half of the individual’s designated duties included: procuring commodities or services; their participating in contract negotiations, contract management or contract administration; or working as a state or political subdivision agency attorney whose duties included providing legal counsel to an agency’s purchasing or contracting staff; and (5) led at least one a federal, state or local government negotiation team through a negotiated procurement or served on at least three federal, state or local government negotiation teams; (2) completed either a semester-long business school or graduate level class on negotiation; and 3) completed the Department’s Negotiations in Florida class; or
(d) Any state or political subdivision agency attorney currently licensed by the Florida Bar who has: (1) completed either the NIGP General Public Procurement seminar, the NIGP Sourcing in the Public Sector seminar or Department-approved equivalent; led a federal, state or local government negotiation team through a procurement or served on at least three federal, state or local government negotiation teams; (2) completed a semester-long business school or graduate level class on negotiation, the Negotiation Strategies seminar offered by the Department, or Department-approved equivalent; and (3) completed the Department’s Negotiations in Florida seminar class or Department-approved equivalent training by another agency of the State of Florida; (4) worked a minimum of twelve (12) months as a state or political subdivision agency attorney whose duties included providing legal counsel to an agency’s purchasing or contracting staff; and (5) led at lease one federal, state or local government negotiation team through a negotiated procurement or served on at least three federal, state or local government negotiation teams.
(5) Department-Approved Negotiation Training Equivalent is training in the form of classes or seminars taken to ensure that certified contract negotiators are: trained in effective negotiation strategies; are capable of successfully implementing those strategies during contract negotiations; and familiar with what is required of them in their role in the procurement process as a contract negotiator. In satisfying the equivalent training requirement, employees seeking certification or recertification may either select training classes from the state term contract or other Department listing that identifies pre-approved negotiation training courses or may, on a case-by-case basis, request that the Department separately approve a course or courses not listed on the state term contract or elsewhere by the Department, by completing and submitting to the Department Form PUR 2012 #### (0#/07 06), “Request for Approval of Department Approved Equivalent Certified Negotiator Training Course.”
(a) Approval of the PUR 2012 #### shall be granted by the Department only if the course(s) identified on the form offers training that meets or exceeds the training standards established in subsection (5).
(b) Approval of the PUR 2012 #### may be granted by the Department either before or after the employee takes the class, so long as the course(s) meets or exceeds the training standards established in subsection (5).
(6) No change.
(7) Recertification of Contract Negotiators – Persons seeking recertification as a contract negotiator shall complete and submit to the Department PUR 2013 (0#/07), “Application for Recertification as Contract Negotiator.” Applicants shall either scan the completed form and submit it electronically to PURCertification@dms.state.fl.us, fax the form to the Department as provided in the PUR 2013 or mail the completed form to State Purchasing, Department of Management Services,
(a) To become recertified as a contract negotiator, the person seeking recertification must have originally been certified by the Department as provided in this rule and shall be required to complete 16 hours of recertification courses offered through the Department, or, on a case-by-case basis, may request that the Department approve a course or courses not offered by the Department by completing and submitting to the Department Form PUR 2012. #### (0#/06), “Request for Approval of Certified Negotiator Training Course.” The person seeking recertification shall indicate on the form that the course or courses are presented for purposes of recertification. Further, recertification applicants must have led or participated in three or more federal, state or local government negotiated procurements during their proceeding five (5) year certification period and must be currently employed in a state or local government position in which the job description for the position includes contract negotiation as part of the job description.
(b) Approval of the PUR 2012 #### submitted for recertification shall be granted by the Department only if the course(s) identified on the form offers training that meets or exceeds the training standards established in subsection (5).
(c) Approval of the PUR 2012 #### may be granted by the Department either before or after the employee takes the recertification class or classes, as long as the course(s) meets or exceeds the training standards established in subsection (5).
(8) Appointment of Project Management Professional (“PMP”)- If the value of the prospective contract will exceed $10 million in any fiscal year, at least one member of the negotiation team shall be a PMP Project Management Professional, as certified by the Project Management Institute. The Department shall maintain a list of agency personnel certified as PMPs so certified, and assist agencies in determining their PMP needs and assist agencies with preparing identifying and training state agency employees for PMP employees who are suited for the certification.
The person to be contacted regarding the proposed rule is: Anthony W. Garcia, Department of Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida 32399-0950, (850)488-8440, garciaa@dms.state.fl.us