Owner_Direct_Purchase_Program.pdf
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- Solicitation number
- 25/26-055
- Issued by
- Clay County, Harold CDP, Florida
About this file
This is a tax information publication issued by the Florida Department of Revenue on March 11, 2013, providing guidance on the Owner-Direct Purchase Program for public works contracts in Florida, in conjunction with a competitive bid solicitation by the Clay County Board of County Commissioners for hurricane-related roof repairs to Exhibit Hall 2 and Cattlemen's Arena at the Clay County Fairgrounds. The Clay County project encompasses roof system demolition, preparation, and installation work, including installation of 8,500 square feet of new metal roof panels with fasteners, sealants, and flashing for Exhibit Hall 2; installation of 134 linear feet of metal roof gable cap and sealing and re-screwing of 2,905 square feet of metal roofing skylight panels for Cattlemen's Arena; and installation of 30,000 square feet of R-11 drape insulation with an alternate bid option for 22,000 square feet. The mandatory pre-bid meeting is scheduled for March 19, 2026, at 9:00 a.m. at the Clay County Fairgrounds, with inquiries due by March 25, 2026, at 2:26 p.m. All bids must be submitted electronically by April 6, 2026, at 4:00 p.m., with bid opening on April 7, 2026, at 9:00 a.m. and estimated award recommendation to the Board on April 14, 2026. Substantial completion is required within 120 days from the Notice to Proceed, with final completion within 30 days following punch list delivery, and liquidated damages of $100 per day apply for delays beyond the final completion date.
Qualified contractors must be licensed under Florida Chapter 489, registered with the Florida Department of State, have been in business for a minimum of five years performing similar work, and comply with all applicable state and local laws, permits, and codes. The project is federally funded through FEMA Public Assistance Grant Agreement No. 2024/2025-42, administered by the Florida Division of Emergency Management, which subjects the procurement to federal procurement standards requiring competition, cost analysis, conflict of interest provisions, suspension and debarment certifications, equal employment opportunity requirements, and domestic preferences for American-produced materials. Clay County maintains both a local preference policy and a Buy American policy applicable to this contract. Contractors must obtain a five percent bid bond of the base bid amount, and performance and payment bonds are required for projects exceeding $200,000, to be filed within 10 days of contract execution. Insurance requirements include commercial general liability coverage with limits of $1,000,000 per occurrence and $2,000,000 aggregate, workers' compensation at statutory limits, and property/builder's risk coverage at 100 percent of project value with deductibles not exceeding $25,000. Monthly payments will be made based on work completed in accordance with the Florida Local Government Prompt Payment Act. The tax information publication provides guidance on requirements for government entities to purchase materials tax-exempt under Florida law through owner-direct purchase programs, requiring the government entity to issue the purchase order directly to the vendor, receive direct invoices, make direct payments from public funds, take title to materials, assume risk of loss, and issue a Certificate of Entitlement affirming the materials will become part of a public work.
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Florida Department of Revenue Tax Information Publication
TIP
No: 13A01-01
Date Issued:
March 11, 2013
Owner-Direct Purchase Programs
Public Works Contracts
Under Florida law, real property contractors and subcontractors are the ultimate consumers of materials they use in the performance of real property construction contracts. Therefore, purchases of materials by real property contractors and subcontractors are subject to sales tax. This law applies to contractors and subcontractors who buy materials for public works construction contracts.
Florida law allows government entities to buy goods and services tax-free when the government entity makes payment directly to the vendor. When a government entity directly buys materials for use in a public works construction contract, these purchases are exempt from sales tax when the government entity follows certain procedures. These procedures are in Rule 12A-1.094, F.A.C.
Direct purchase of materials by the government entity for use in a public works construction project is commonly referred to an “owner-direct purchase program.” Government entities use owner-direct purchase programs to take advantage of their tax-exempt status to directly purchase materials for public works construction projects. If a contractor or subcontractor, rather than the government entity, buys materials for use in a public works construction contract, the contractor or subcontractor must pay sales tax.
Government entities, contractors, and subcontractors who enter into public works construction projects have asked questions about the requirements that must be met to qualify for the sales tax exemption available for direct purchases by a government entity. This is especially true when a contractor or subcontractor engaged in a public works construction contract provides the materials in an owner-direct purchase program or other similar arrangement.
To help the parties involved in a public works construction contract understand the conditions that must be met to satisfy the requirements of Rule 12A-1.094, F.A.C., and prove that the government entity rather than the contractor or the subcontractor is the purchaser of the materials, the Department provides the following guidance from this rule:
1. Direct Purchase Order. The government entity must issue its purchase order directly to the vendor supplying the materials the contractor will use and provide the vendor with a copy of the government entity’s Florida Consumer’s Certificate of Exemption.
2. Direct Invoice. The vendor’s invoice must be issued to the government entity, rather than to the contractor.
3. Direct Payment. The government entity must make payment directly to the vendor from public funds.
4. Passage of Title. The government entity must take title to the tangible personal property from the vendor at the time of purchase or delivery by the vendor.
5. Assumption of the Risk of Loss. Assumption of the risk of damage or loss by the government entity at the time of purchase is a paramount consideration. A government entity will be deemed to have assumed the risk of loss if the government entity bears the economic burden of obtaining insurance covering damage or loss or directly enjoys the economic benefit of the proceeds of such insurance.
6. Certificate of Entitlement. To be entitled to purchase materials tax exempt for a public works project, a government entity is required to issue a Certificate of Entitlement to each vendor and to the government entity’s contractor to affirm that the tangible personal property purchased from that vendor will go into or become a part of a public work. This requirement does not apply to any agency or branch of the United States government.
Purchases made by the government entity for a public works construction contract without a Certificate of Entitlement are subject to tax.
In some cases, the government entity is not able to use its tax exempt status on the purchase of materials. For example, when the contractor or subcontractor installing the materials is also selling the materials to the government entity, the purchases are taxable, even if the government entity has established an owner-direct purchase program. See Rule 12A-1.094(5), F.A.C. Other instances where the government entity is not able to use its tax-exempt status and owner-direct purchase program include, but are not limited to:
1. When the contractor or subcontractor is the manufacturer of the materials.
2. When the contractor or subcontractor has exclusive rights from the manufacturer of the materials to furnish and install the materials.
3. When the contractor or subcontractor has already purchased the materials. The government entity cannot, after the fact, try to prepare or change the documentation to appear to have properly followed the procedures.
References: Section 212.08(6), F.S.; Rule 12A-1.094, F.A.C.
For More Information
This document is intended to alert you to the requirements contained in Florida laws and administrative rules. It does not by its own effect create rights or require compliance.
For forms and other information, visit our Internet site at www.myflorida.com/dor or call Taxpayer Services, 8:00 a.m. to 7:00 p.m., ET, Monday through Friday, excluding holidays, at 800-352-3671.
For a detailed written response to your questions, write the Florida Department of Revenue, Taxpayer Services, Mail Stop 3-2000, 5050 West Tennessee Street, Tallahassee, FL 32399-0112.
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