Bill Text: FL H0649 | 2012 | Regular Session | Introduced

---

Bill Title: State Contracts

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2012-03-09 - Died in Government Operations Subcommittee [H0649 Detail]

Download: Florida-2012-H0649-Introduced.html

---

HB 649

1	A bill to be entitled
2	An act relating to state contracts; amending s.
3	287.058, F.S.; requiring all state contracts of more
4	than a certain amount to require any call-center
5	services to be staffed by persons located within the
6	United States; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (1) of section 287.058, Florida
11	Statutes, is amended to read:
12	287.058  Contract document.-
13	(1)  A Every procurement of contractual services in excess
14	of the threshold amount provided under in s. 287.017 for
15	CATEGORY TWO, except for the providing of health and mental
16	health services or drugs in the examination, diagnosis, or
17	treatment of sick or injured state employees or the providing of
18	other benefits as required by the provisions of chapter 440,
19	must shall be evidenced by a written agreement embodying all
20	provisions and conditions for of the procurement of such
21	services, which shall, where applicable, must include, but need
22	not be limited to, a provision:
23	(a)  Providing that bills for fees or other compensation
24	for services or expenses be submitted in detail sufficient for a
25	proper preaudit and postaudit thereof.
26	(b)  Providing that bills for any travel expenses be
27	submitted in accordance with s. 112.061. A state agency may
28	establish rates lower than the maximum provided in s. 112.061.
29	(c)  Specifying that all call-center services provided
30	pursuant to the contract be staffed by persons located within
31	the United States. This also applies to all call-center services
32	performed by a subcontractor pursuant to the contract.
33	(d)(c)  Allowing unilateral cancellation by the agency for
34	refusal by the contractor to allow public access to all
35	documents, papers, letters, or other material made or received
36	by the contractor in conjunction with the contract, unless the
37	records are exempt from s. 24(a) of Art. I of the State
38	Constitution and s. 119.07(1).
39	(e)(d)  Specifying a scope of work which that clearly
40	establishes all tasks the contractor is required to perform.
41	(f)(e)  Dividing the contract into quantifiable,
42	measurable, and verifiable units of deliverables which that must
43	be received and accepted in writing by the contract manager
44	before payment. Each deliverable must be directly related to the
45	scope of work and specify the required minimum level of service
46	to be performed and criteria for evaluating the successful
47	completion of each deliverable.
48	(g)(f)  Specifying the criteria and the final date by which
49	such criteria must be met for completion of the contract.
50	(h)(g)  Specifying that the contract may be renewed for up
51	to a period that may not exceed 3 years or the term of the
52	original contract, whichever period is longer, specifying the
53	renewal price for the contractual service as set forth in the
54	bid, proposal, or reply, specifying that costs for the renewal
55	may not be charged, and specifying that renewals are shall be
56	contingent upon satisfactory performance evaluations by the
57	agency and subject to the availability of funds. Exceptional
58	purchase contracts pursuant to s. 287.057(3)(a) and (c) may not
59	be renewed.
60	(i)(h)  Specifying the financial consequences that the
61	agency must apply if the contractor fails to perform in
62	accordance with the contract.
63	(j)(i)  Addressing the property rights of any intellectual
64	property related to the contract and the specific rights of the
65	state regarding the intellectual property if the contractor
66	fails to provide the services or is no longer providing
67	services.
68
69	In lieu of a written agreement, the department may authorize the
70	use of a purchase order for classes of contractual services, if
71	the provisions of paragraphs (a)-(j) (a)-(i) are included in the
72	purchase order or solicitation. The purchase order must include,
73	but need not be limited to, an adequate description of the
74	services, the contract period, and the method of payment. In
75	lieu of printing the provisions of paragraphs (a)-(j) (a)-(i) in
76	the contract document or purchase order, agencies may
77	incorporate the requirements of those paragraphs (a)-(i) by
78	reference.
79	Section 2.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.