Bill Text: FL S0276 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Procurement

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0276 Detail]

Download: Florida-2011-S0276-Introduced.html

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       Florida Senate - 2011                                     SB 276
       
       
       
       By Senator Bennett
       
       
       
       
       21-00404-11                                            2011276__
    1                        A bill to be entitled                      
    2         An act relating to the procurement of architectural,
    3         engineering, and other professional services by a
    4         governmental agency or school board; amending s.
    5         287.055, F.S.; allowing compensation to be a
    6         considering factor during the competitive selection
    7         process for professional services; authorizing the
    8         agency or board to reopen negotiations with a selected
    9         firm following termination of negotiations with other
   10         firms; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsections (4) and (5) of section 287.055,
   15  Florida Statutes, are amended to read:
   16         287.055 Acquisition of professional architectural,
   17  engineering, landscape architectural, or surveying and mapping
   18  services; definitions; procedures; contingent fees prohibited;
   19  penalties.—
   20         (4) COMPETITIVE SELECTION.—
   21         (a) For each proposed project, the agency shall evaluate
   22  current statements of qualifications and performance data on
   23  file with the agency, together with those that may be submitted
   24  by other firms regarding the proposed project, and shall conduct
   25  discussions with, and may require public presentations by, no
   26  fewer than three firms regarding their qualifications, approach
   27  to the project, and ability to furnish the required services.
   28         (b) The agency shall select in order of preference no fewer
   29  than three firms deemed to be the most highly qualified to
   30  perform the required services. In determining whether a firm is
   31  qualified, the agency shall consider such factors as the ability
   32  of professional personnel; whether a firm is a certified
   33  minority business enterprise; past performance; willingness to
   34  meet time and budget requirements; location; recent, current,
   35  and projected workloads of the firms; and the volume of work
   36  previously awarded to each firm by the agency, with the object
   37  of effecting an equitable distribution of contracts among
   38  qualified firms, provided such distribution does not violate the
   39  principle of selection of the most highly qualified firms. The
   40  agency may request, accept, and consider proposals for the
   41  compensation to be paid under the contract only during
   42  competitive negotiations under subsection (5).
   43         (c) This subsection does not apply to a professional
   44  service contract for a project the basic construction cost of
   45  which is estimated by the agency to be not in excess of the
   46  threshold amount provided in s. 287.017 for CATEGORY FIVE or for
   47  a planning or study activity when the fee for professional
   48  services is not in excess of the threshold amount provided in s.
   49  287.017 for CATEGORY TWO. However, if, in using another
   50  procurement process, the majority of the compensation proposed
   51  by firms is in excess of the appropriate threshold amount, the
   52  agency shall reject all proposals and reinitiate the procurement
   53  pursuant to this subsection.
   54         (d) Nothing in This section does not act shall be construed
   55  to prohibit a continuing contract between a firm and an agency.
   56         (5) COMPETITIVE NEGOTIATION.—
   57         (a) The agency shall negotiate a contract with the most
   58  qualified firm for professional services at compensation which
   59  the agency determines is fair, competitive, and reasonable. In
   60  making such determination, the agency shall conduct a detailed
   61  analysis of the cost of the professional services required in
   62  addition to considering their scope and complexity. For any
   63  lump-sum or cost-plus-a-fixed-fee professional service contract
   64  over the threshold amount provided in s. 287.017 for CATEGORY
   65  FOUR, the agency shall require the firm receiving the award to
   66  execute a truth-in-negotiation certificate stating that wage
   67  rates and other factual unit costs supporting the compensation
   68  are accurate, complete, and current at the time of contracting.
   69  Any professional service contract under which such a certificate
   70  is required must contain a provision that the original contract
   71  price and any additions thereto will be adjusted to exclude any
   72  significant sums by which the agency determines the contract
   73  price was increased due to inaccurate, incomplete, or noncurrent
   74  wage rates and other factual unit costs. All such contract
   75  adjustments must be made within 1 year following the end of the
   76  contract.
   77         (b) Should the agency be unable to negotiate a satisfactory
   78  contract with the firm considered to be the most qualified at a
   79  price the agency determines to be fair, competitive, and
   80  reasonable, negotiations with that firm must be formally
   81  terminated. The agency shall then undertake negotiations with
   82  the second most qualified firm. Failing accord with the second
   83  most qualified firm, the agency must terminate negotiations. The
   84  agency may shall then undertake negotiations with the third most
   85  qualified firm. The agency may reopen negotiations with any
   86  selected firm upon terminating negotiations with another
   87  selected firm.
   88         (c) Should the agency be unable to negotiate a satisfactory
   89  contract with any of the selected firms, the agency shall select
   90  additional firms in the order of their competence and
   91  qualification and continue negotiations in accordance with this
   92  subsection until an agreement is reached.
   93         Section 2. This act shall take effect July 1, 2011.