RULE NO: RULE TITLE
60A-1.041: Solicitation Requirements
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to update the rule identified to reflect current practices and procedures regarding certification of contract negotiators and utilization of project management professionals.
SUMMARY: The amendments amend the rule to reflect the current practices and procedures regarding certification of contract negotiators, utilization of project management professionals and clarify the duties of the Department as provided therein. Also, two related forms, referred to in the full text of the proposed rule, are created via this proposed rulemaking.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 287.042(3), 287.042(12), 287.057(17)(b) FS.
LAW IMPLEMENTED: 287.042, 287.057 FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: September 5, 2006, 1:00 p.m.
PLACE: Department of Management Services, 4050 Esplanade Way, Room 101, Tallahassee, Florida 32399-0950
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

THE FULL TEXT OF THE PROPOSED RULE IS:

60A-1.041 Solicitation Requirements.

(1) through (2) No change.

(3) Appointment of Contract Negotiators – Pursuant to Section 287.057(17)(b), F.S., if an agency elects to employ the Invitation to Negotiate (ITN) method to solicit competitive sealed replies, the following requirements shall govern the agency head’s appointment of the negotiation team.

(a) Regardless of the value of the contract, the negotiation team members shall collectively have knowledge and experience in negotiating contracts, contract procurement, and the program areas and service requirements for which commodities or contractual services are sought.

(b) If the value of the prospective contract will exceed $1 million in any fiscal year, at least one member of the negotiation team must be a Department-certified contract negotiator. To the extent practicable, the agency shall involve the certified negotiator in the development of the ITN, taking into account the certified negotiator’s familiarity with the subject matter and the complexity and value of the contract.

(4) Certification of Contract Negotiators – Persons seeking certification as a contract negotiator shall complete and submit to the Department Form PUR #### (0#/06), “Application for Certification as Contract Negotiator.” Applicants shall either scan the completed form and submit it electronically to PURCertification@dms.state.fl.us or mail the completed form to State Purchasing, Department of Management Services, 4050 Esplanade Way, Ste. 360, Tallahassee, FL 32399-0950. The Department shall certify as a contract negotiator any state or political subdivision employee who satisfies the following criteria:

(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 #### will not be required;

(b) Any person who has: 1) completed either the 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 or Department approved equivalent; (3) completed the Department’s Negotiation in Florida seminar; (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 deion 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 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 an M.B.A. (or similar graduate degree) who has: (1) led 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) 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; and (3) completed the Department’s Negotiations in Florida class or equivalent training by another agency of the State of Florida.

(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 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 contract or elsewhere by the Department, by completing and submitting to the Department Form PUR #### (0#/06), “Request for Approval of Certified Negotiator Training Course.”

(a) Approval of the PUR #### 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 #### 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) Certification of Contract Negotiators – Certification of contract negotiators by the Department shall be effective for a period of 5 years from the date of issuance of the certification.

(7) Recertification of Contract Negotiators – Recertification of contract negotiators by the Department shall be effective for five (5) years from the date the employee is recertified. The date of recertification shall be reflected on the certified contract negotiator certificate issued by the Department to the employee. If the certified contract negotiator fails to recertify before the end of the 5 year certification time period, their certification will expire until they are recertified by the Department.

(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 #### (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 deion for the position includes contract negotiation as part of the job deion.

(b) Approval of the PUR #### 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 #### 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 – 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 Project Management Professional, as certified by the Project Management Institute. The Department shall maintain a list of agency personnel so certified, and shall assist agencies in identifying and training employees who are suited for the certification.

Specific Authority 287.042(12), 287.057(17)(b) FS. Law Implemented 287.032, 287.042, 287.057 FS. History–New 8-19-04, Amended ________.