(1)(a) When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent.
(b) Paragraph (a) does not apply to transportation projects for which federal aid funds are available.
(c) As used in this section, the term “other political subdivision of this state” does not include counties or municipalities.
(2) A vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.
(3)(a) A vendor whose principal place of business is in this state may not be precluded from being an authorized reseller of information technology commodities of a state contractor as long as the vendor demonstrates that it employs an internationally recognized quality management system, such as ISO 9001 or its equivalent, and provides a warranty on the information technology commodities which is, at a minimum, of equal scope and length as that of the contract.
(b) This subsection applies to any renewal of any state contract executed on or after July 1, 2012.
History.—s. 1, ch. 77-460; s. 117, ch. 79-400; s. 215, ch. 95-148; s. 3, ch. 95-420; ss. 16, 53, ch. 99-228; s. 6, ch. 2000-340; s. 23, ch. 2002-207; s. 14, ch. 2012-32.
Structure Florida Statutes
Chapter 287 - Procurement of Personal Property and Services
Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.137)
287.017 - Purchasing categories, threshold amounts.
287.022 - Purchase of insurance.
287.032 - Purpose of department.
287.042 - Powers, duties, and functions.
287.056 - Purchases from purchasing agreements and state term contracts; vendor disqualification.
287.057 - Procurement of commodities or contractual services.
287.05705 - Procurements of road, bridge, and other specified public construction services.
287.0571 - Business case to outsource; applicability.
287.0572 - Present-value methodology.
287.0575 - Coordination of contracted services.
287.05805 - Contract requirement for use of state funds to purchase or improve real property.
287.0582 - Contracts which require annual appropriation; contingency statement.
287.0585 - Late payments by contractors to subcontractors and suppliers; penalty.
287.059 - Private attorney services.
287.0591 - Information technology; vendor disqualification.
287.0595 - Pollution response action contracts; department rules.
287.063 - Deferred-payment commodity contracts; preaudit review.
287.064 - Consolidated financing of deferred-payment purchases.
287.0641 - Agreement not debt or pledge of faith or credit of state.
287.0731 - Team for contract negotiations.
287.074 - Prohibited actions by contractor personnel.
287.075 - Materially interested contractor; prohibition on certain activities.
287.082 - Commodities manufactured, grown, or produced in state given preference.
287.0821 - All American and Genuine Florida meat or meat products.
287.0822 - Beef and pork; prohibition on purchase; bid specifications; penalty.
287.083 - Purchase of commodities.
287.0831 - Limitation on purchases to replace damaged state agency equipment; assessment protocols.
287.0834 - Motor vehicles; energy-saving equipment and additives.
287.084 - Preference to Florida businesses.
287.087 - Preference to businesses with drug-free workplace programs.
287.092 - Preference to certain foreign manufacturers.
287.0931 - Minority business enterprises; participation in bond underwriting.
287.0935 - Surety bond insurers.
287.0943 - Certification of minority business enterprises.
287.09451 - Office of Supplier Diversity; powers, duties, and functions.
287.095 - Department of Corrections; prison industry programs.
287.131 - Assistance of Department of Financial Services.
287.132 - Legislative intent with respect to integrity of public contracting and purchasing process.
287.135 - Prohibition against contracting with scrutinized companies.
287.1351 - Suspended vendors; state contracts.