DEPARTMENT OF FINANCIAL SERVICES
Meeting Notes:
Statewide Contract Reporting System Policy
Workgroup Meeting
Date: December 5, 2011
Time: 1:30 pm – 3:00 pm
Location: Room B105, Fletcher Building
Attendees:
Agency Representatives
AHCA Barbra Vaughan
APD Dineen Cicco
DACS Kelly McMullen
DEP Darinda McLaughlin
DEP Gwenn Godfrey
DFS Fran Spivey
DFS Annette Kittrell
DFS Asheema Vemuri
DFS Mike Alexander
DFS Donna Vollertsen
DMS-MFMP Kelly Loll
DJJ
DOE
DOE
DOH
DOT
DOT
HSMV
HSMV
OIR
DMS-MFMP
Project Representatives
Project Lead
Elwood McElhaney
Functional Lead Bill DuBose
Project Manger Scott Tomaszewski
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Elaine Atwood
Jon Manalo
Janice Brown
Debbie Brown
Carla M. Perry
Jim Lane
Jenny Marshall
Mary Ann Thorner
Richard Fox
Eric Swanson
DEPARTMENT OF FINANCIAL SERVICES
Minutes:
1. The Policy Workgroup reviewed the minutes from the November 28, 2011 meeting
and with changes accepted.
2. The Policy Workgroup reopened its discussion of the proposed Methods of
Procurement Codes resulting in the revised table below including modifications to
descriptions, competitive vs. exemption classification and the addition of several DEP
land purchasing exemptions. In addition, the Workgroup requested;
a. That reference to FAC rules be dropped from the description;
b. There be a code added for contract negotiations process resulting in revenue
generating contract such as reselling FWCC videos and;
c. That the drop box in the system have hyper-link to MFMP user guide.
This is being taken under advisement.
Proposed Method of Procurement Codes
Code
Description
CCompetitive
Procuremen
t Code
OR
E–
Exception /
Exemption
Code
0
Exempt, Adoption Placement Services Licensed by DCF [Rule 60A1.002 (4)(j), FAC]
E
1
Exempt, Prescriptive assistive devices [s. 287.057 (3) (e), FS ]
E
2
Exempt, Legal services, including Attorney, paralegal, expert
witness, appraisal and mediator services [s.287.057 (3) (f) 4, FS]
E
3
4
Exempt, Health services, including examination, digamous,
treatment, prevention, medical consultation or administration. [s.
287.057 (3) (f) 5a, FS & Rule 60A-1002 (4) (k),FAC]
Exempt, Services to persons w/ mental/physical disabilities by nonprofit corporations [s. 287.057 (3) (f) 6, FS & Rule 60A-1.002 (4)
(k),FAC]
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E
E
DEPARTMENT OF FINANCIAL SERVICES
Proposed Method of Procurement Codes
Code
5
6
Description
Exempt, Medicaid services [s. 287.057 (3) (f) 7, FS & Rule 60A-1.002
(4) (k), FAC]
Exempt, Family Placement [s. 287.057 (3) (f) 8, FS & Rule 60A-1002
(4)(k), FAC]
CCompetitive
Procuremen
t Code
OR
E–
Exception /
Exemption
Code
E
E
7
Exempt, Prevention services related to mental health, substance
and child abuse, shelters/runaways, by non-profits [s. 287.057 (3)
(f) 9, FS & Rule 60A-1.002 (4) (k), FAC]
E
8
Exempt, Training and education services [s. 287.057 (3) (f) 10, &
s440.491 (6), FS]
E
10
Exempt, Department of Citrus advertising and promotional items [s.
601.10 (12), FS]
E
11
Lottery Procurement [s. 24.105, FS]
C
12
Exempt, Specialized equipment, devices and technology, including
low-vision aids for Vision Impaired Persons [s.413.011(3), FS]
E
14
Lottery – Single Source Purchase of Single Source Commodities or
Services [s. 24.105, FS]
E
15
Lottery - Competitive Solicitation [s. 24.105, FS]
C
16
Lottery - Competitive Quote [s. 24.105, FS]
C
17
Lottery – Emergency Purchase [s. 24.105, FS]
E
18
Lottery - Cooperative Agreement [s. 24.105, FS]
C
20
Exempt, Division of Blind Services; Rehabilitation Council for the
Blind purchase [s. 413.011, FS]
E
21
Settlement Agreement [s. 17.03 (1), FS]
Exempt, Special contracts with charitable youth organizations [s.
255.60, FS]
E
Exempt, Transportation for the Disadvantaged [s. 427.011 (5), FS]
E
22
23
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E
DEPARTMENT OF FINANCIAL SERVICES
Proposed Method of Procurement Codes
Code
24
Description
Exempt, Propane Collected Assessments [s.527 (9)(b) Propane
collected assessments deposited into the General Inspection Trust
Fund are not subject to the procedures found in s. 287.057 in the
expenditure of these funds, FS]
CCompetitive
Procuremen
t Code
OR
E–
Exception /
Exemption
Code
E
Request for Application, method of competitively awarding State
Federal grants to non-profits and other governmental entities.
DEP Exempt, Division of Recreation and Parks may grant privileges,
leases, concessions and permits for the use of land for the
accommodation of visitors in the various parks, monuments and
memorials. 258.007(3), F.S.
DEP Exempt, Preapproved Site Rehabilitation Program
376.30711(2)(a), F.S.
C
28
DEP Exempt, Preapproved Advanced Cleanup 376.30713, F.S.
E
29
DEP Exempt, Inland Protection Trust Fund Reimbursement-review
Contracts, 376.3071(12)(j), F.S.
E
30
DEP Exempt, Inland Protection Trust Fund Petroleum Cleanup
Participation Program, 376.3071(13), F.S.
E
31
DEP Exempt, Inland Protection Trust Fund Early Detection Incentive
Program, 376.3071(9), F.S.
E
32
DEP State Restoration Funding Assistance, 376.30711(7), F.S.
C
33
No Cost Procurement
E
34
Revenue Generating Procurement
E
35
Leases having a term of less than 120 consecutive days
E
25
26
27
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E
E
DEPARTMENT OF FINANCIAL SERVICES
Proposed Method of Procurement Codes
Code
Description
CCompetitive
Procuremen
t Code
OR
E–
Exception /
Exemption
Code
9A
Exempt, Federal or state law prescribes with whom the agency
must contract [s. 287.057 (10), FS]
E
9B
Rate of payment is established during the appropriation process [S.
287.057 (10), FS]
State Term Contract Purchase without Request For Quotes from
Qualified Vendors [ss. 287.042(2) & 287.056, FS and Rule 60A11.044(2), FAC]
State Term Contract Purchase with Request For Quotes from
Qualified Vendors [ss. 287.042(2) & 287.056, FS and Rule 60A-1.043
& 60A-1.044(2), FAC]
Alternate contract source - Purchase made from contracts let by
the Fed. Gov., another state, or a political subdivision for
commodities and contract services if determined to be costeffective and in the best interest of the state. [s.287.042 (16), FS &
Rules 60A-1.002 (4) (l), FAC]
E
A
B
C
C
C
C
D
State Purchasing Agreement [Rule 60A-1.025, FAC]
E
Purchase under $2,500 {Rule 60A-1.002(2), FAC]
F
Informal quoted purchase not exceeding Category Two - Request
for Quotes [s 287.056 (2), FS & Rule 60A-1.002 (4)(m), FAC]
C
F1
Informal quote below the bidding thresholds for Public Property
And Publicly Owned Buildings of $200,000 [s. 255.0525, FS]
C
G
Single source $2,500 or greater, not to exceed Category Two [Rule
60A-1.002 (3), FAC)]
E
H
Agency Invitation to Bid [s. 287.057 (1) (a), FS]
C
H1
Agency Invitation to Bid for Public Property And Publicly Owned
Buildings [s. 255.0525, FS]
C
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C
E
DEPARTMENT OF FINANCIAL SERVICES
Proposed Method of Procurement Codes
Code
H3
Description
DOT Invitation to Bid [s.337, FS]
CCompetitive
Procuremen
t Code
OR
E–
Exception /
Exemption
Code
C
I
Agency Request for Proposal [s. 287.057 (1) (b), FS]
C
I1
Agency Request for Proposal for Public Property And Publicly
Owned Buildings [s. 255.0525, FS]
C
I3
DOT Request for Proposal [s.334, FS]
C
J
Agency Invitation to Negotiate [s. 287.057 (1) (c), FAC]
C
J1
Agency Invitation to Negotiate for Public Property And Publicly
Owned Buildings [s. 255.0525, FS]
Agency negotiated after receiving fewer than two responsive offers
to a competitive procurement [S. 287.057(6 5), FS]
C
K
L
M
N
O
O1
O2
Exempt, Services or Commodities provided by Governmental
Agencies, including contract with independent, non-profit college
or university within the state [s. 287. 057 (3) (f) 12, & s.287.057
(22), FS]
Exempt, Purchase made from RESPECT - Qualified nonprofit agency
for the blind or for the other severely handicapped [s. 413.036 (2),
FS]
C
E
E
Exempt, Purchase made from PRIDE - Department of Corrections;
prison industry programs. [s.287.095 (3) & s. 946.515, FS]
Emergency procurement [s.287.057 (3) (a), FS & Rule 60A-1.046,
FAC]
E
Emergency Purchases for Public Property And Publicly Owned
Buildings [s. 255.0525 (5), FS]
Emergency Purchases Per Governor's Executive Order [s. 14.021,
FS]
E
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E
E
DEPARTMENT OF FINANCIAL SERVICES
Proposed Method of Procurement Codes
Code
Description
CCompetitive
Procuremen
t Code
OR
E–
Exception /
Exemption
Code
P
Single source approval over Category Two [s. 287.057 (3) (c), FS &
Rule 60A-1.045, FAC]
E
Q
Consultants' Competitive Negotiation Act [s. 287.055, FS]
C
R
Exempt, CHD Use of County Procurement Standards [SS. 287.057(3)
& 337.11, FS]
E
S
Exempt, Commodities purchased for resale [s. 287.012 (5), FS]
E
T
U
Exempt, Regulated utilities and government franchised and public
communications, except long distance telecommunications services
or governmental franchise SVCCS, [Rule 60A-1.002(4) (a) & (b), FAC]
Exempt, Artistic services [s. 287.057 (3) (f) 1, FS & Rule 60A-1002 (4)
(c), FAC]
E
E
Exempt, Academic program review [s. 287.057 (3) (f) 2, FS & Rule
60A-1.002 (4) (d), FAC]
E
W1
Exempt, Lectures by individuals [s. 287.057 (3) (f) 3, FS & Rule 60A1.002 (4) (e), FAC]
E
W2
Exempt, Continuing education and events paid for by collected fees
[s. 287.057 (3)(g), FS]
Exempt, Auditing Services [Rule 60A-1.002 (4) (f), FAC] Prior to July
1, 2010
E
Y
Exempt, Payment of Membership Dues [s. 216.345 (4), FS & Rule
60A-1.002 (4) (h), FAC]
E
Z
Exempt, Professional Examinations [s. 455.217 (1) (c), FS & Rule
60A-1.002 (4)(i),FAC]
E
V
X
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DEPARTMENT OF FINANCIAL SERVICES
3. The Policy Workgroup reopened its discussion of proposed Methods of Procurement
Codes resulting in the revised table below including definitions and adding several
additional codes. The current system tables allow only 1 character for Method of
Payment. After the meeting DFS representatives emailed a request to withdraw their
request for the “Installment/Partial Payment Plan” method of payment. However, DOT
representatives, after the meeting, emailed a request to add codes for the following
based on AASHTO Guide for Consultant Contracting, and Code of Federal
Regulations:
a. Lump sum paid on a percent completion basis
b. Lump sum at completion of all services or at completion of task
c. Lump sum at completion of defined tasks or mileposts
If more than ten codes are adopted we will have to increase the charter size of the
table. Also, if we add the advance payment methods we will have to do a change
request to Change Request #3 – Adding Authorized for Payment removing the
Yes/No box from the system.
Proposed Method of Payment Codes
Proposed
Codes
Descriptions
SCRS Policy
Workgroup Input
Definitions
1
Fixed Price - Lump Sum
A contract where the
amount of payment does
not depend on the amount
of resources or time
expended. Including, a
single amount paid at the
completion of the contract,
paid on a percent
completion basis, at
completion of all services
or at completion of task
and at completion of
defined tasks or mileposts.
2
Fixed Fee / Unit Rate
A cost per unit of a
commodity or service.
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DEPARTMENT OF FINANCIAL SERVICES
Proposed Method of Payment Codes
Proposed
Codes
Descriptions
3
Advanced – 100% Advance
4
Advanced - Fixed Price Unit Cost
5
Advanced with Fixed Fee Schedule
6
Advanced with Cost Reimbursement
7
Cost Reimbursement
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SCRS Policy
Workgroup Input
Definitions
State funds advanced to
vendor based on estimated
cost with a reconciliation
of cost at the conclusion of
the contract.
State funds advanced
based on estimated unit of
service cost (i.e. Unit Bed
Cost) with a periodic
reconciliation of unit
provide before the
conclusion of the contract.
State funds advanced
based on estimated service
cost (i.e. hourly rates) with
a periodic reconciliation of
hourly services provide
before the conclusion of
the contract.
State funds advanced
based on estimated cost to
be incurred (i.e. building
rent, hourly wages, etc.)
with a periodic
reconciliation of incurred
cost before the conclusion
of the contract.
A cost-reimbursement
contract is used when
accurately estimating the
final cost can not be
determined. Usually with a
not to exceed maximum.
DEPARTMENT OF FINANCIAL SERVICES
Proposed Method of Payment Codes
Proposed
Codes
Descriptions
8
Cost Reimbursement Plus Fixed Fee(s),
including Fixed Price Components
9
Cost Reimbursement Plus Percentage of
Cost
10
Cost Reimbursement Plus Incentive Fee
11
Cost Reimbursement Plus Award Fee
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SCRS Policy
Workgroup Input
Definitions
Contracts having a larger
estimated contract cost and
accurately estimate the
final cost can not be
determined but, assures the
vendor a profit or fixed
award for meeting or
exceeding performance
targets, including any cost
savings
Contracts pay a fee that
rises as the contractor's
cost rise. Because this
contract type provides no
incentive for the contractor
to control costs it is rarely
utilized.
Contracts having a larger
estimated contract cost and
accurately estimate the
final cost can not be
determined but assures the
vendor flexible award for
meeting or exceeding
performance targets,
including any cost savings
Contracts having a larger
estimated contract cost and
accurately estimate the
final cost can not be
determined but assures the
vendor fixed award for
meeting or exceeding
performance targets,
including any cost savings
DEPARTMENT OF FINANCIAL SERVICES
Proposed Method of Payment Codes
Proposed
Codes
Descriptions
12
Revenue Generating
13
No Cost
SCRS Policy
Workgroup Input
Definitions
Contract results in revenue
for the agency. Basis for
payment established in the
agreement.
Contract results in no cost
(no disbursements) to the
agency.
4. The Workgroup had not submitted any comments from their November 28th
assignment on the use of DMS Commodities/Service Codes or adding any additional
codes to meet agency needs such as a code for land purchases. The Workgroup
agreed that future codes would be added as need but, they would start with the
existing codes.
5. The Workgroup reviewed and discussed the agency responses to following
November 28th assignment and added their agencies to responses that they concurred
with:
a. Reasons for not listing a price on the Statewide Contract Reporting System
(SCRS) website by contract deliverable,
(OFR) Division of Financial Institutions has Interstate Agreements
for work with other states where a price cannot be determined until
the work has been completed. Rate is based on formula specified in
the contract.
[DFS] Pass-through contracts where we receive money, but then
disburse the same amount, so that we break even.
[DFS] When we contract with a vendor for services, but the services
are paid for by the public (ex: Examination or fingerprinting fees).
No dollars come in or out of the Department, so no value will be
listed; however, we would still post these contracts to the site.
[DHSMV] The following types of contracts pose an issue with
listing a price up front. We could provide ceilings and/or estimates,
but we feel that the data provided will not paint a very accurate
picture for our SCRS users since the figures vary widely.
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DEPARTMENT OF FINANCIAL SERVICES
1. Utilities – per our discussion last week.
2. Data Exchange MOUs, Electronic Lien & Title agreements –
these agreements are revenue-generating. In a nutshell, the
Department is authorized to charge on a per-record-accessed
basis.
3. Hire back contracts – these are cost-reimbursement agreements
with FDOT that provide overtime pay for Florida Highway
Patrol (FHP) Troopers providing security services at project
sites throughout the state. Rates vary by Trooper.
4. Federal task force agreements – several FHP personnel are
assigned to task forces that are spearheaded at the federal level.
Rates vary by Trooper.
b. Justification for any agency unique fields, including type and size that
should be added to SCRS.
[APD, DJJ, DOH, DCF ] We would like to be able to have total
contract amount and current FY amount. The majority of our contracts
are multi year, but for our fiscal office, it makes it easier for us to allot
the funds to the contract. The field should be currency. We would like
to have a field that is Y or N for clients served and then a field for the
total number of clients to be served annually (At least 6 digits). A free
field that could be narrative to include at least 200 characters. This
would allow agencies to include any additional information that may be
needed in one field.
OFR suggests adding unique fields to identify OFR and OIR since both
are considered statutorily separate agencies. We understand that the
org code can identify these entities but the public will not likely
recognize an org code but rather the agency’s name when searching for
a contract. Recommended field size should accommodate the complete
name of each agency (30 text characters).
[DOH, APD] We would like to request fields for tracking
programmatic monitoring. I believe the fields already exist on page 3
lines 12 through 16 of the FLAIR Contract Information File. We feel
this is an essential field for tracking this information. This is something
we address on a monthly basis, plus we are in the midst of an audit of
our programmatic monitoring process. There is presently a review of all
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DEPARTMENT OF FINANCIAL SERVICES
agencies policy and procedures on programmatic monitoring by the
Inspector General's office.
[FDOT, APD] Would require agency unique fields for:
 FDOT district (2 characters), There would be some benefit to
the public in displaying the FDOT district field.
 FDOT internal contact name, this field should not need to be
viewable on the report to public.
 FDOT internal contact phone number, this field should not
need to be viewable on the report to public.
c. Insight on contract workflow (how a contract is routed and Managed) within
their agency.
[APD, DOH] Contracts originate out our each Area Office /
Developmental Disability Center are first routed at the local level to
Budget, Area Administrator/Superintendent, Program Experts then to
Central Office Contract Administration. Once reviewed and approved
by Contract Administration, contract is routed to Legal for Review and
approval.
Contracts out of the norm based on review by Contract Administration
are routed for review and approval to additional units for a special
review. For example, IT contracts are routed to the CIO, New
programs for the disabled are reviewed by Operations, Public Service
Announcements are reviewed by Communications, etc...
Once reviewed and approved, the contract is sent to the Contract
Manager to obtain provider signature. Contracts under 50,000.00 for
Area Offices and $250,000.00 Annually for Developmental Disability
Centers are executed at the local level. All others are executed by the
Agency Director.
Central Office Contracts originate from the different units and are
routed in the following order: Program Office, Special Review,
Contract Administration, Budget, Legal, and Agency Director for
execution.
Upon execution of all contracts, Contract Administration is
responsible for all data reporting and distribution.
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DEPARTMENT OF FINANCIAL SERVICES
(OFR) Contract development begins with the responsible functional
unit/area. Unit communicates with contractor to arrive at a draft
contract which is then routed to Legal for further review and
negotiation. Legal will finalize the contract, assign an internal contract
number and secure agency signature. After finalization, if a PO is
required, such is set up in MFMP by OFR. Contract is retained and
managed by functional unit’s contract manager including approval of
invoices. IT related contracts are forwarded to DFS DIS for creation
of a PO in MFMP. Responsibility for managing IT contracts remains
with OFR.
[DHSMV] Contract workflow varies by the type of contract. About half of
our agreements are routed/executed through MFMP. The others begin the
process with our Bureau of Purchasing & Contracts and are signed off on by
applicable division leadership. Utilities and leases are not paid via MFMP, but
rather by a separate system handled by our Bureau of Accounting.
6. The Workgroup agreed to postpone discussion of the following until the
December 12, 2012 meeting:
The Workgroup postponed Discussion on why there would not be a Deliverable
Price
Discussion on Budgets
Discussion on Amendments
Discussion of the need for Agency Unique Fields
Discussion on Contract Workflow
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