DMS-GSA-2023_Authorization Memo_7-1-23.pdf

4050 Esplanade Way

Tallahassee, FL 32399-0950 850-488-2786

Ron DeSantis, Governor Pedro Allende, Secretary

Memorandum

Date: July 1, 2023

To: Andrew Fier, Director of Departmental Purchasing, Department of Management Services

From: Pedro Allende, Secretary, Department of Management Services

Through:

Subject:

Brandon Spencer, Director of State Purchasing, Department of Management Services

General Services Administration Multiple Award Schedule - DMS Authorization

This Memorandum serves as the written agreement, pursuant to section 287.042(16), Florida Statutes, authorizing the Department of Management Services (DMS) to utilize the competitively procured General Services Administration (GSA) Multiple Award Schedule (MAS) as an alternate contract source (ACS), as the Secretary of Management Services has determined that the use of the MAS is cost effective and the best value to the State.

Pursuant to this authorization, DMS shall comply with the following provisions in utilizing the GSA MAS:

1. Term and Effective Date.

The authorization provided under this Memorandum will become effective on July 1, 2023. The Memorandum will expire on June 30, 2030, unless terminated earlier or renewed.

2. Scope.

This Memorandum includes the entire scope of the products and services available to DMS under the Cooperative Purchasing Program for the MAS.

3. Purchases Under Authority of This Memorandum.

By authority of this Memorandum, DMS may purchase products and services from vendors available on the MAS, provided DMS complies with the following:

a. State Term Contracts. Prior to requesting any quotes or making any purchase off the MAS, DMS shall determine in writing that the contractual services or commodities are not available on a State Term Contract, as defined in section 287.012, Florida Statutes.

b. Other Alternate Contract Sources. Prior to requesting any quotes or making any purchase off the MAS, DMS shall determine in writing that the contractual services or commodities are not available on another Alternate Contract Source established pursuant to section 287.042(16) or section 287.057(3)(b), Florida Statutes.

DocuSign Envelope ID: 16FB5051-A8CE-4C01-A0F2-B302FB942F47

c. Requesting Quotes. DMS shall request quotes each time it desires to purchase contractual services or commodities off the MAS. The specific format for requesting quotes is left to the discretion of DMS.

The requirements for requesting quotes shall be in accordance with applicable State of Florida statutes and rules. DMS shall document the justification for any selection based on receipt of fewer than two quotes.

d. Best Value Determination. After receipt of quotes, DMS shall select the vendor offering the best value, after consideration of, at a minimum, the following terms (to the extent applicable): price, past performance, probable life of the item, warranty terms, maintenance availability, delivery terms, and trade-in considerations.

e. PUR 7102. For any purchase off the MAS that exceeds $10,000,000.00 for the initial term (excluding optional renewal terms), DMS shall submit to State Purchasing a Form PUR 7102, Agency Request for Approval of Alternate Contract Source (ACS), for review and approval prior to completion of the purchase. DMS shall not separately procure portions of a project in a way that subverts this limitation.

f. Purchase Orders. DMS shall issue a Purchase Order through MyFloridaMarketPlace (MFMP) for all purchases made off the MAS. DMS shall ensure that the Purchase Order issued off the MAS complies with all legal requirements (such as inclusion of statutorily required terms and conditions). DMS shall use the following contract number: DMS-GSA-2023.

g. Federal Ordering Guidance. Pursuant to 40 U.S.C. § 502(f), DMS shall use the MAS in accordance with the ordering guidance provided by the Administrator of the General Services Administration, including any restrictions on use or additional requirements contained therein.

h. Reporting. DMS shall provide State Purchasing with detailed reports regarding MAS purchases on a quarterly basis, if requested by State Purchasing. If requested, DMS shall include in such report, at a minimum, a brief description of each MAS purchase and a certification attesting to DMS’s compliance with the requirements set forth in this Memorandum. DMS shall submit these reports within the timeframe requested by State Purchasing. DMS shall also provide State Purchasing with any other records necessary to demonstrate compliance with the terms of this Memorandum.

4. Primary Contacts.

DMS State Purchasing Contact:

Joseph Thomas Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399 Telephone: 850-488-8367 Email: joseph.thomas@dms.fl.gov

DMS Departmental Purchasing Contact:

Andrew Fier Division of Finance and Administration Department of Management Services 4050 Esplanade Way Tallahassee, Florida 32399 Telephone: 850-410-0102 Email: andrew.fier@dms.fl.gov

5. Modifications.

With the exception of changes to the names or contact information of the contacts listed in Section 4, Primary Contacts, above, any updates to the provisions in this Memorandum must be issued in writing.

6. Termination.

a. Non-Compliance. State Purchasing may terminate this Memorandum if DMS fails to comply with any of the requirements specified in section 3, Purchases Under Authority of This Memorandum, above.

State Purchasing shall provide DMS notice and an opportunity to cure such non-compliance issues at least thirty (30) calendar days prior to termination. State Purchasing will issue a notice of termination if DMS fails to fully cure such noncompliance within thirty (30) calendar days following the date of a written notice of noncompliance. State Purchasing’s failure to demand performance of any provision of this Memorandum shall not be deemed a waiver of such performance. State Purchasing’s waiver of any one breach of any provision of this Memorandum shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this Memorandum.

b. Self-Termination. The Secretary of Management Services may terminate this Memorandum at will.

c. Execution of Participating Addenda. State Purchasing may terminate this Memorandum if State Purchasing establishes agency purchasing authority off the MAS by entering into Participating Addenda with MAS vendors.