fall workshop october 23, 2009
DESCRIPTION
Fall Workshop October 23, 2009. Agenda. Charles Covington Opening Remarks and Introduction Sunset Review American Recovery and Reinvestment Act of 2009 Legislative Session Training Ellen Potts Florida Climate-Friendly Preferred Products List Bureau of Commodity Sourcing Stu Potlock - PowerPoint PPT PresentationTRANSCRIPT
Fall WorkshopOctober 23, 2009
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• Charles Covington– Opening Remarks and Introduction– Sunset Review– American Recovery and Reinvestment Act of 2009– Legislative Session– Training
• Ellen Potts– Florida Climate-Friendly Preferred Products List– Bureau of Commodity Sourcing
• Stu Potlock– Bureau of Technology & Special Programs Sourcing
• Contact Information
• Questions and Answers
Agenda
Organizational Overview
Sunset ReviewPresentation
October 23, 2009
Charles W. CovingtonDirector of State Purchasing
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State Purchasing
• Presenter:– Charles W. Covington, Director
CPPO, CPPB, FCPM, FCPA, FCCN, FCCM
• Mission:– To provide smarter, better, faster
purchasing services to deliver innovative, resource saving solutions
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State Purchasing• Program Activities:
– Develop State Term Contracts, State Purchasing Agreements and evaluate Alternate Contract Sources
– Provide an eProcurement tool-MyFloridaMarketPlace
– Develop and administer a purchasing professional training and certification program
– Provide guidance on development, interpretation and use of Florida Statutes and Florida Administrative Codes for purchasing and contracting of commodities and services
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State Purchasing • Program Activity:
– Develop State Term Contracts, State Purchasing Agreements and evaluate Alternate Contract Sources
• Description: – Develop contracts in partnership with agencies,
political subdivisions and vendors to provide state and local governments with reduced prices for commodities and services
• Why the state needs to do it: – To save money, improve quality and service and
increase efficiencies
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State Purchasing • Program Activity:
– Provide an eProcurement tool (MFMP)• Description:
– MFMP is a user-friendly Internet portal that connects state agencies buyers with more than 100,000 vendors
• Why the state needs to do it: – MyFloridaMarketPlace generates process efficiencies– Provides visibility into what the state buys so we can
negotiate better pricing based on aggregation of spend
– Provide the state with electronic internet-based transactions
– Create a consistent, more efficient way of doing business with the state
– Less paperwork and fewer manual steps– Improved compliance with purchasing policies
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State Purchasing • Program Activity:
– Provide a Training and Certification Program in Procurement, Contract Negotiation and Project Management
• Description: – Develop, train and certify purchasing professionals,
contract negotiators and project managers
• Why the state needs to do it: – This program was created as a result of the Inspector
General of the Executive Office of the Governor Audit Report No. 2003-3 and 2006 Senate Bill 2518 signed into Florida Statute 287.057 (17)(b) and 287.076 on June 15, 2006
– The application of the knowledge and skills offered by these programs will increase purchasing and contracting effectiveness
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State Purchasing • Program Activity:
– Provide guidance on interpretation and use of Florida Statutes and Florida Administrative Codes for purchasing and contracting
• Description: – Executive agencies and other eligible users, as
defined in s. 287.012, F.S., rely on State Purchasing to provide interpretations of Chapter 287, Florida Statutes, and of Chapter 60A-1, Florida Administrative Code, the statutes and rules applicable to purchasing and contracting
• Why the state needs to do it: – To promote fair and open competition. Reducing the
appearance and opportunity for favoritism and inspire public confidence in the purchasing and contracting processes within the State
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State Purchasing
• Customers we serve:– Buyers for
• State agencies-13,800 users• Cities and municipalities• Counties• Other eligible users
– Vendors• Over 100,000 registered vendors in
MyFloridaMarketPlace
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Sunset Review - OPPAGA Suggested Validation Procedures Questions
1. Is the data part of the agency’s performance measurement system?
2. Do agency managers use the data to monitor staff or contractor performance?
3. How confident are program staff and other stakeholders in the reliability or accuracy of the data?
4. Is the data required for federal reporting purposes? If so, does the federal government test the data?
5. Can program staff or contractors manipulate the data?6. How strong are the internal controls over the data?
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Sunset Review Agency Report Submission
The inspector general should ensure that the agency report answers all the questions set forth in the Legislature’s report instructions and has been signed by the agency head and the inspector general.
Charlie Crist, GovernorDon Winstead, Special Advisor
The American Recovery and The American Recovery and Reinvestment Act of 2009Reinvestment Act of 2009
Energizing Florida’s EconomyEnergizing Florida’s EconomySeminar on Florida Stimulus Package Seminar on Florida Stimulus Package
University of South FloridaUniversity of South FloridaSeptember 12, 2009
Tampa, Florida
www.flarecovery.com
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The American Recovery and Reinvestment Act of 2009Purposes
(1) To preserve and create jobs and promote economic recovery.
(2) To assist those most impacted by the recession.
(3) To provide investments needed to increase economic efficiency by spurring technological advances in science and health.
(4) To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits.
(5) To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases.
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OrganizingThe Task
Core Team
The PeopleThe Governor
Working Group
Fiscal Integrity Transparency & Accountability
ImplementationTeam• State Agencies
• Office of Policy and Budget• Florida’s Washington Office• Local Government• Other Stakeholders
• Chief Inspector General • Agency Inspectors General• Director of Open Government• Chief Financial Officer• Auditor General• Attorney General• Office of Program Policy Analysis & Government Accountability
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Division A Appropriation Provisions
Overview of the ActDivision B Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions
House and Senate
Appropriations Committees
House Ways and Means Committee
House Energy and Commerce Committee
Senate Finance Committee
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• TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES
• TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
• TITLE III—DEPARTMENT OF DEFENSE• TITLE IV—ENERGY AND WATER DEVELOPMENT• TITLE V—FINANCIAL SERVICES AND GENERAL
GOVERNMENT• TITLE VI—DEPARTMENT OF HOMELAND
SECURITY• TITLE VII—INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES• TITLE VIII—DEPARTMENTS OF LABOR, HEALTH
AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
• TITLE IX—LEGISLATIVE BRANCH• TITLE X—MILITARY CONSTRUCTION AND
VETERANS AFFAIRS AND RELATED AGENCIES• TITLE XI—STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS
• TITLE I—TAX PROVISIONS
• TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
• TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS
• TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS
• TITLE V—STATE FISCAL RELIEF
• TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM
• TITLE VII—LIMITS ON EXECUTIVE COMPENSATION
Division A Appropriation Provisions
Division B Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions
• TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES• TITLE XIII—HEALTH INFORMATION TECHNOLOGY• TITLE XIV—STATE FISCAL STABILIZATION FUND• TITLE XV—ACCOUNTABILITY AND TRANSPARENCY• TITLE XVI—GENERAL PROVISIONS—THIS ACT
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• TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES
• TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
• TITLE III—DEPARTMENT OF DEFENSE• TITLE IV—ENERGY AND WATER DEVELOPMENT• TITLE V—FINANCIAL SERVICES AND GENERAL
GOVERNMENT• TITLE VI—DEPARTMENT OF HOMELAND
SECURITY• TITLE VII—INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES• TITLE VIII—DEPARTMENTS OF LABOR, HEALTH
AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
• TITLE IX—LEGISLATIVE BRANCH• TITLE X—MILITARY CONSTRUCTION AND
VETERANS AFFAIRS AND RELATED AGENCIES• TITLE XI—STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS
• TITLE I—TAX PROVISIONS
• TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
• TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS
• TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS
• TITLE V—STATE FISCAL RELIEF
• TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM
• TITLE VII—LIMITS ON EXECUTIVE COMPENSATION
Division A Appropriation Provisions
Division B Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions
• TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES• TITLE XIII—HEALTH INFORMATION TECHNOLOGY• TITLE XIV—STATE FISCAL STABILIZATION FUND• TITLE XV—ACCOUNTABILITY AND TRANSPARENCY• TITLE XVI—GENERAL PROVISIONS—THIS ACT
$1.36 billion in
Education Funds
$1.36 billion in
Education Funds
$2.7 billion inState Fiscal Stabilization
Fund
$2.7 billion inState Fiscal Stabilization
Fund
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Education Funding
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• TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES
• TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
• TITLE III—DEPARTMENT OF DEFENSE• TITLE IV—ENERGY AND WATER DEVELOPMENT• TITLE V—FINANCIAL SERVICES AND GENERAL
GOVERNMENT• TITLE VI—DEPARTMENT OF HOMELAND
SECURITY• TITLE VII—INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES• TITLE VIII—DEPARTMENTS OF LABOR, HEALTH
AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
• TITLE IX—LEGISLATIVE BRANCH• TITLE X—MILITARY CONSTRUCTION AND
VETERANS AFFAIRS AND RELATED AGENCIES• TITLE XI—STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS
• TITLE I—TAX PROVISIONS
• TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
• TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS
• TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS
• TITLE V—STATE FISCAL RELIEF
• TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM
• TITLE VII—LIMITS ON EXECUTIVE COMPENSATION
Division A Appropriation Provisions
Division B Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions
• TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES• TITLE XIII—HEALTH INFORMATION TECHNOLOGY• TITLE XIV—STATE FISCAL STABILIZATION FUND• TITLE XV—ACCOUNTABILITY AND TRANSPARENCY• TITLE XVI—GENERAL PROVISIONS—THIS ACT
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$1.4 billion for
transportation
$1.4 billion for
transportation
Over $290 million for the environment
Over $290 million for the environment
Over $470 million for
Energy
Over $470 million for
Energy
Infrastructure Funding
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• TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES
• TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
• TITLE III—DEPARTMENT OF DEFENSE• TITLE IV—ENERGY AND WATER DEVELOPMENT• TITLE V—FINANCIAL SERVICES AND GENERAL
GOVERNMENT• TITLE VI—DEPARTMENT OF HOMELAND
SECURITY• TITLE VII—INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES• TITLE VIII—DEPARTMENTS OF LABOR, HEALTH
AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
• TITLE IX—LEGISLATIVE BRANCH• TITLE X—MILITARY CONSTRUCTION AND
VETERANS AFFAIRS AND RELATED AGENCIES• TITLE XI—STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS
• TITLE I—TAX PROVISIONS
• TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
• TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS
• TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS
• TITLE V—STATE FISCAL RELIEF
• TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM
• TITLE VII—LIMITS ON EXECUTIVE COMPENSATION
Division A Appropriation Provisions
Division B Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions
• TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES• TITLE XIII—HEALTH INFORMATION TECHNOLOGY• TITLE XIV—STATE FISCAL STABILIZATION FUND• TITLE XV—ACCOUNTABILITY AND TRANSPARENCY• TITLE XVI—GENERAL PROVISIONS—THIS ACT
Over $4 billion from enhanced
Medicaid matching funds
Over $4 billion from enhanced
Medicaid matching funds
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Fiscal Relief
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How Recovery Act Funds Flow
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Federal Agencies
State Legislature
State Agencies
Local Government
Community Agencies & Businesses
Floridians
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Funding SummaryFlorida
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Funding Type Amount ($billions)
Funding through state agencies:
• Funding through the Appropriations Act $11.024
• Funding involving State Agencies not flowing through the Appropriations Act $3.087
Subtotal $14.111Additional funding from federal agencies to other entities in Florida (including cities, counties, military construction, etc.) $1.252
Total Estimated Stimulus Funding $15.363Estimated additional impact of tax changes for Floridians $9.853
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Funding from Recovery ActFunding from Recovery ActOver Over $14.1 $14.1 BillionBillion
Does not include most competitive grants or funds directly to local government
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0 1,000 2,000 3,000 4,000 5,000
EDUCATION DISCRETIONARY FISCAL
ENVIRONMENT FMAP* - FISCAL RELIEF
OTHER HHSTRANSPORTATION & EC. DEV.
GENERAL GOVERNMENT TOTALPUBLIC SAFETY TOTAL
BENEFIT PAYMENTS TO INDIVIDUALS
Amounts in $thousands
SFY 08-09 SFY 09-10 SFY 10-11+
Note: fiscal year amounts may change during appropriations process
$3. 6 B
$392.5 M$4.37 B
$205.1 M$1.88 B
$33 M$86 M
$3.1 B
* FMAP is the Federal Medicaid Assistance Percentage (the percentage of federal matching funds)
$491.45 M
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Competitive Grants• The Recovery Act contains approximately $85 billion in funds
that will be awarded competitively by Federal agencies.• To find competitive grants
– Check the “Documents” link on FlaRecovery.com.– Register with grants.gov and check that site often.– Register with FBO.gov (Federal Business Opportunities)
and check that site often• For State competitive opportunities, register and check the
vendor link at MyFloridaMarketplace.com
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Download the “Funding Guide” document from FlaRecovery.com for more tips.
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ExamplesExamples Competitive Opportunities in Progress• Broadband Technologies Opportunity Program
– $7.2 billion (NTIA $4.7 B, RUS $2.5 B)– Broadband Policy Strategy Group (DMS)– Phase I applications – August 21, 2009.
• High-Speed Rail– Pre-application submitted July 10, 2009– Full application due October 2, 2009
NTIA - National Telecommunications and Information Administration (Commerce)RUS - Rural Utilities Service (Agriculture)
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Documents include copies of the law, detailed lists of projects, helpful guides on applying for funds, official certifications, information on federal competitive grant announcements, and many other resources.
FlaRecovery.com
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Small Business AdministrationSmall Business AdministrationRecovery Act ProvisionsRecovery Act Provisions
• Temporary elimination of loan fees• Higher loan guarantees• Secondary market liquidity for Section 7(a) loans• New small business loan program (ARC Stabilization Loans)• Increase availability of micro-loans• Surety bond program expansion• Secondary market for first mortgages associated with Section 504 CDC
loans• Expanded refinancing project for Section 504 loans• Increase the availability of equity capital (SBIC program expansion)
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More information at http://training.sba.gov:8000/recoverybill
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Tax ProvisionsTax Provisions• Tax relief for Individuals and Families• Tax incentives for Business• Manufacturing Recovery Provisions• Economic Recovery Tools• Infrastructure Financing Tools• Reinvestment in Renewable Energy
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Comprehensive list of tax provisions available at: http://flarecovery.com/_resources/provisions/prb021209.pdf
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19 page summary of tax provisions compiled by the U.S. Congress, House Ways & Means Committee and the Senate Finance Committee
Tax Provisions
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Grants.gov
Recovery Act Recovery Act Grant Grant
OpportunitiesOpportunities
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Grants.govRecovery Act Opportunities
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FBO.gov
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MyFloridaMarketPlace.com
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MyFloridaMarketPlace.com
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Florida’s Fair Share• Existing Allocation Formulas• Education• Medicaid• Energy
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Florida as Percent of U.S.
2.8%3.3%
4.3%5.2%
5.7% 6.0%
0.00%
1.00%2.00%
3.00%4.00%
5.00%6.00%
7.00%
1960 1970 1980 1990 2000 2008e
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5.4%
5.4%
5.4%
5.4%
5.5%
5.6%
5.6%
5.8%
5.9%
5.9%
5.8%
6.1%
6.7%
7.5%
7.9%
8.5%
8.9%
3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0%
Under 5 years
5 to 9 years
10 to 14 years
15 to 19 years
20 to 24 years
25 to 29 years
30 to 34 years
35 to 39 years
40 to 44 years
45 to 49 years
50 to 54 years
55 to 59 years
60 to 64 years
65 to 69 years
70 to 74 years
75 to 79 years
80 to 84 years
85 years and over 9.1%
FL as Percent of U.S. by Age Cohort
School Age
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Percentage Point IncreaseMedicaid Matching Percentage Under Recovery Act
02468
10121416
Nevada Haw
aii Florida W
ashington Virginia New
Jersey M
innesota Colorado California Delaw
are Illinois Rhode Island Alaska Verm
ont M
ichigan Ohio New
York M
assachusetts
Maryland
Connecticut Arizona Oregon M
issouri Tennessee Indiana M
aine Georgia
North Carolina Pennsylvania Alabam
a Idaho W
isconsin Texas DC South Carolina Kentucky Utah M
ontana Oklahom
a New Louisiana M
ississippi Nebraska Kansas South Dakota W
est Virginia New
Mexico
Arkansas North Dakota W
yoming
Iowa
Florida - 67.64% minus 55.40 equals 12.24%
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Energy Efficiency & Conservation Block Grant Allocation Formula (partial)
Energy Grant Florida ShareEECBG 6.5%State Energy Program 4.3%Weatherization 3.8%
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Accountability and Transparency• Transparency and Oversight Requirements
– Certifications for infrastructure investments– Reporting requirements on all recipients of funds
(other than individuals)– Review by CBO and GAO– Reviews by Federal Inspectors General
• Recovery Accountability and Transparency Board• Recovery Independent Advisory Panel
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Additional Accountability and Transparency Requirements• SET-ASIDE FOR STATE AND LOCAL GOVERNMENT REPORTING AND RECORDKEEPING• PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR WHISTLEBLOWERS.• SPECIAL CONTRACTING PROVISIONS.
To the maximum extent possible, contracts funded under this Act shall be awarded as fixed-price contracts through the use of competitive procedures. A summary of any contract awarded with such funds that is not fixed-price and not awarded using competitive procedures shall be posted in a special section of the website established in section 1526.
• PREFERENCE FOR QUICK-START ACTIVITIES• PERIOD OF AVAILABILITY
All funds appropriated in this Act shall remain available for obligation until September 30, 2010, unless expressly provided otherwise in this Act.
• LIMIT ON FUNDSNone of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.
• BUY AMERICAN - USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. • WAGE RATE REQUIREMENTS
Laborers and mechanics shall be paid prevailing wages consistent with the Davis-Bacon Act.42
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Reporting RequirementsRECIPIENT REPORTS.—Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains—(1) the total amount of recovery funds received from that agency;(2) the amount of recovery funds received that were expended or obligated to projects or activities; and(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including—
(A) the name of the project or activity;(B) a description of the project or activity;(C) an evaluation of the completion status of the project or activity;(D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by State and local governments, the purpose, total cost, and rationale
of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment.
(4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 .
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Federal Reporting Process(As Described on Webinars Held July 20 – 23)
FederalReporting.gov Recovery.gov
FlaRecovery.com
Recipient
Sub-recipient
RecipientRecipient
Sub-recipient
Sub-recipient
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FederalReporting.gov Recovery.gov
FlaRecovery.com
Recipient
Sub-recipient
RecipientRecipient
Sub-recipient
Sub-recipient
FlaReporting
Reviewer
• Office of Economic Recovery• OPB Reviewers• IG & Accountability Reviewers
Florida’s Planned Reporting Process
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GAO Oversight
• The U.S. Government Accountability Office (GAO) has been given oversight responsibility by the Congress.
• GAO has selected 16 States, including Florida, for special focus during implementation of the Recovery Act.
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www.FlaRecovery.com
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Legislative SessionSB 712 (Chapter 2009-217, Laws of FL)
• This bill creates Section 189.4221, F.S. The new language will allow municipalities, counties, and special districts to purchase commodities or contractual services by utilizing purchasing agreements from other municipalities, counties and special districts. The purchasing agreements must be competitively procured utilizing competitive bid, requests for proposals, requests for qualifications, competitive solicitation, or competitive negotiations, and must also be in compliance with general laws. The purchasing agreement must also meet the procurement requirements of the municipality, county, or special district attempting to utilize it.
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Legislative SessionSB 712 (Chapter 2009-217, Laws of FL)
• This bill allows municipalities, counties, and special districts not previously authorized, to “piggyback” on other municipalities, counties, and special district contracts, provided certain criteria are met.
• This was signed by the Governor with an effective date of July 1, 2009.
Legislative SessionSB 2694
• This bill prohibits an agency or branch of state government from contracting to pay, without legislative authority, liquidated damages or any other moneys resulting from the breach or early termination of a contract, from contracting to pay interest because of insufficient budget authority to pay an obligation in the current year, or from obligating the state to make future-year payments to cover current-year payments because of an insufficiency of current-year appropriations.
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Legislative SessionSB 2694 (cont.)
• Also, the bill requires public officers provide at least 30 days notice to the Governor, President of the Senate and Speaker of the House, before entering into contracts or series of contracts between the same parties that: 1) require payments by the state in excess of $5 million a year; 2) require minimal or no payments by the state or authorize the other party to make expenditures in anticipation of revenues; or 3) require initial expenditures by the other party and provides that the other party will not receive payment from the state within 180 days after the expenditure.
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Legislative SessionSB 2694 (cont.)
• Further, the bill requires that contracts identify the specific appropriation (absent approval by the legislature), that contracts contain language that allow for termination by the state upon 30 days’ written notice of a budget deficit event as identified in the bill, that contracts in excess of $25,000 be signed by the agency head, and that for contracts which exceed 12 months be certified in writing by the agency head that the chapter 216 requirements are satisfied.
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Legislative SessionSB 2694 (cont.)
• Lastly, the bill states that willful violation of these provisions are criminal and the resulting contract is null and void.
• This bill was passed by the Legislature, but was vetoed by the Governor.
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Legislative SessionCh. 2009-15, Laws of Florida (CS/SB 44-A)
• Requires agencies to review existing and proposed contracts with private and public-private providers in order to reduce contract payments without decreasing the level or quality of services. Agencies are authorized to renegotiate contracts in order to achieve better savings.
• However, the bill also states that these mandates are “notwithstanding any provision of law to the contrary,” so agencies must work within the parameters of statute and rule.
• This mandate expired July 1, 2009.
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Legislative SessionCh. 2009-15, Laws of Florida (cont.)
• Travel for each state agency is limited, until July 1, 2009, to travel supporting activities that are critical to the state agency’s mission.
• State funds are not to be used for state employee travel to conferences, other states, training, or other administrative functions unless the agency head deems the travel critical to the agency’s mission.
• These limitations are still in place for most state agencies even though the mandate expired July 1, 2009.
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Rulemaking Update
• Rule revision for Rule 60A-1.044, F.A.C.
• Removed the exceptions for state term contract use.
• Revised version was posted in F.A.W. effective October 1, 2009.
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Possible Upcoming Legislative Initiatives
• Revise language to make negotiation team planning and strategy sessions exempt from the public meeting laws.
• Provide specific legislative authority to provide DMS with the rulemaking authority to establish exceptions to the use of state term contracts.
• Adjust the threshold amounts for the purchasing categories.
• Define purchasing agreement, as used in Section 287.056, F.S.
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Possible Upcoming Legislative Initiatives
• Specifically allow DMS to designate an alternate contract source (ACS) as mandatory or optional.
• Amend posting requirements to exempt procurements related to Chapter 287, F.S. from the FAW requirement and limit postings to the VBS.
• Provide specific legislative authority to enter into or lead cooperative purchasing with other states.
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Training & Certification
• Purchasing Certifications were five years old on August 19, 2009.
• State Purchasing is in the process of creating on-line training for the required recertification seminars.
• All Purchasing Certifications between August 19, 2009, and August 18, 2010, will be renewed for a one year period.
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Training & Certification
• Requirements
– Currently employed with the state or a political subdivision
– Current CPPB/CPPO where previously required
– Led one or participated in three or more federal, state or local government negotiated procurements during the preceding five (5) year certification period
– Training will not be required for this one year period
– An renewal application will be sent to all expiring certifications for this one year period
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• Charles Covington– Opening Remarks and Introduction– Sunset Review– American Recovery and Reinvestment Act of 2009– Legislative Session– Training
• Ellen Potts– Florida Climate-Friendly Preferred Products List– Bureau of Commodity Sourcing
• Stu Potlock– Bureau of Technology & Special Programs Sourcing
• Contact Information
• Questions and Answers
Agenda
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Florida Climate-Friendly Preferred Products List
• More than 15,000 state term contract products from 48 vendors including furniture, carpet, paper, IT, audio visual equipment and MRO items.
• You can view the entire list at:
http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_agreements_and_price_lists/florida_climate_friendly_preferred_products_list
• Or you can now view applicable items on each state term contract home page.
For more information, contact Trey Collins at 850-488-7516.
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Bureau of Commodity Sourcing
State Term Contracts for Motor Vehicles
• Current contract is effective through October 31, 2009.– 91 Dodge and Jeep awards were impacted by Chrysler
bankruptcy; 87 items were re-awarded.
• New contract in development for November 1, 2009, effective date.– We anticipate posting intended awards on October 20.– New strategy for specification development.
Contact: Christopher Walker 850-488-7540
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Bureau of Commodity Sourcing
State Term Contract for Bulk Fuel: Gasoline & Diesel
• Effective July 1, 2009, through June 30, 2014
• Total of 268 awards (four awards per county)
• Awarded transport deliveries only; no tank wagon awards.
• Pricing reflected general market trends:– Pricing for E-10 improved significantly.– Pricing for ultra low sulfur and red dye diesel remained stable.– Pricing for bio-diesel is higher due to increasing demand and inconsistent
supply.
Contact: David Bennett 850-921-4072
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Bureau of Commodity Sourcing
State Term Contract for Ammunition & Officers’ Equipment
• Effective September 29, 2009, through September 28, 2010
• Ammunition– Increased number of suppliers– Improved average discount from MSRP
• Officers’ Equipment– Increased number of available brands– Improved average discount from MSRP– Includes Tasers
Contact: Mark Lovell 850-487-2304
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Bureau of Commodity Sourcing
Other New Contracts:
• Medium & Heavy Trucks: effective 6/01/2009 through 9/30/2010
• Tires: effective 7/1/2009 through 2/29/2012
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Bureau of Commodity Sourcing
Renewed Contracts:
• Lawn Equipment: renewed through 2/16/2010
• Body Armor: renewed through 2/02/2011
• Carpet: renewed through 5/31/2010
• Tools: renewed through 7/29/2010
• Tissues & Towels: renewed through 7/31/2010
• Water and Ice for Emergency Operations: renewed through 8/02/2010
• Uniforms: renewed with VF Imagewear through 10/14/2014
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Bureau of Commodity Sourcing
Contracts and/or Categories in Analysis:
• Electrical & Safety Equipment (expires 11/13/2009)
• Can Liners (expires 12/31/2009)
• Drug Screening Testing Devices (expires 1/31/2010)
• Pest Control Services (expires 5/02/2010)
• Fuel Card Services (expires 9/12/2010)
• Drug Testing Services (new)
• Universal and Hazardous Waste Disposal (new)
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Bureau of Commodity Sourcing
Active and Upcoming Solicitations:
• Security Officer Services (active)
• Construction, Industrial, Agricultural & Lawn Equipment
• Tissues & Towels
• Office Paper
• Medical and Dental Supplies
• Body Armor
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• Charles Covington– Opening Remarks and Introduction– Sunset Review– American Recovery and Reinvestment Act of 2009– Legislative Session– Training
• Ellen Potts– Florida Climate-Friendly Preferred Products List– Bureau of Commodity Sourcing
• Stu Potlock– Bureau of Technology & Special Programs Sourcing
• Contact Information
• Questions and Answers
Agenda
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Bureau of Technology & Special Programs Sourcing
State Term Contract for IT Consulting Services
• Effective September 15, 2009, through August 31, 2012
• Includes over 400 vendors
• Includes 384 distinct IT consulting positions, an attachment for descriptions of all 384 positions under the four Project Areas of Analysis & Design, Development & Integration, Operational & Support and Staff Augmentation.
• Historical spend under this contract has been approximately $300 million annually.
Contact Holly Merrick 850-488-7804
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Bureau of Technology & Special Programs Sourcing
Alternate Contract Source (ACS) for Commercial Off-the-Shelf Software: SHI via the State of Arkansas State Contract
• Limited to Adobe, Corel, McAfee, Oracle, Trend Micro and Symantec
Alternate Contract Source Agreements in place against Federal Acquisition Services, Blanket Purchase Agreements for Situational Awareness and Incident Response (SAIR) software and services as well as Data at Rest Encryption software.
•Includes multiple vendors
Contact Lori Potts 850-487-4196
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Bureau of Technology & Special Programs Sourcing
State Term Contract for Microsoft Licensing (Large Account Reseller): SHI
•Effective April 1, 2009, through March 31, 2012
•The Invitation to Negotiate resulted in increased discounts in all licensing categories including Academic, Select and Enterprise Pricing
•Under the new contract discounts, the state will save $6 Million annually over the previous contract
•Status of MS Word litigation
Contact Lori Potts 850-487-4196
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Bureau of Technology & Special Programs Sourcing
State Term Contract for Audio Visual Equipment and Services
•Effective February 19, 2009, through February 18, 2013
•Expanded products available under the contract including video conferencing equipment.
•Products will be updated during the life of the contract as the technology or products change. The last contract left product “voids” over time.
•Value added services include installation, engineering, design and implementation.
Contact: Michelle MacVicar 850-414-6131
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Bureau of Technology & Special Programs Sourcing
State Term Contract for Rental Vehicles: Autos and Trucks
•Effective September 30, 2009, through September 29, 2014
•Auto rentals awarded to Avis Rent-A-Car– Slightly lower rates than the previous contract
•Truck rentals awarded to Enterprise Leasing– Several classes of trucks available for rental
Contact Gary McGee 850-487-6592
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• The State of Florida has amended the local government rebate structure on the Purchasing Card Services State Term Contract (973-120-97-1).
• Effective June 1, 2009, local government contract users will receive from Bank of America increased rebates on their net purchasing volume.
Bureau of Technology & Special Programs Sourcing
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Bureau of Technology & Special Programs Sourcing
New Local GovernmentRebate Structure
Old Local GovernmentRebate Structure
Less than $1 million in Net Purchase Volume – No Rebate
Less than $1 million in Net Purchase Volume – No Rebate
$1,000,000 - $3,499,999 – 110 basis points
$1,000,000 - $9,999,999 – 40 basis points
$3,500,000 - $9,999,999 – 140 basis points
$10,000,000 - $24,999,999 – 50 basis points
$10,000,000 and greater – 160 basis points
$25,000,000 and greater – 60 basis points
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If you would like to participate under the State of Florida’s Purchasing Card Services State Term Contract or have questions regarding the changes, please contact David Bennett at:
850-921-4072
Bank of America Representative:
Evan Tullos, Senior Vice President
239-433-6105
Bureau of Technology & Special Programs Sourcing
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Bureau of Technology & Special Programs Sourcing
Renewals:
• Management Consulting Services (non-IT)
• Benefit Consulting and Actuarial Services
• Multi-Function Copiers (Negotiated price reductions for accessories ranging from 2% -10%)
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Bureau of Technology & Special Programs Sourcing
Upcoming Contract Solicitations
• Completion of Mainframe Software (will include balance of line of software products with awarded companies) - “Rolling Awards”
• Multi-Function Print Devices to include office workgroup copiers/printers and production printers, wide format printers and plotters as well as facsimiles.
• Mail Room Services
• Purchasing Card Services
– Current solicitation with platform providers
– Platform provider solicitation will lead to a solicitation for the bank/service provider
• Mail Processing Equipment
• Courier Services
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Bureau of Technology & Special Programs Sourcing
Contracts/Categories in Analysis:
• IT Disaster Recovery Services
• Travel
• Printing and Quick Copy Services
• Drug Test Kits via RESPECT
• Strategic Sourcing Candidates–Two FTEs from Accenture & New State Purchasing Sourcing Team–Send us Ideas for Strategic Sourcing Categories
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Contact Information
Charles Covington, Director of State Purchasing
(850) 487-3964 [email protected]
Ellen Potts, Bureau Chief, Commodity Sourcing
(850) 488-2773 [email protected]
Stu Potlock, Bureau Chief, Technology & Special Programs
(850) 487-8778 [email protected]
Kelley Scott, Governance Manager
(850) 488-3049 [email protected]
Cyndee Sams, Training & Customer Service Manager
(850) 921-0266 [email protected]
David Bennett, Team Lead,Transportation & Energy
(850) 921-4072 [email protected]
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Questions and Answers