Bill Text: FL H0135 | 2011 | Regular Session | Introduced

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Bill Title: Procurement of Professional Services

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0135 Detail]

Download: Florida-2011-H0135-Introduced.html

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HB 135

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. 287.055,
5	F.S.; allowing compensation to be a considering factor
6	during the competitive selection process for professional
7	services; authorizing the agency or board to reopen
8	negotiations with a selected firm following termination of
9	negotiations with other firms; providing an effective
10	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
29	fewer 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
55	construed to prohibit a continuing contract between a firm and
56	an agency.
57	(5)  COMPETITIVE NEGOTIATION.-
58	(a)  The agency shall negotiate a contract with the most
59	qualified firm for professional services at compensation which
60	the agency determines is fair, competitive, and reasonable. In
61	making such determination, the agency shall conduct a detailed
62	analysis of the cost of the professional services required in
63	addition to considering their scope and complexity. For any
64	lump-sum or cost-plus-a-fixed-fee professional service contract
65	over the threshold amount provided in s. 287.017 for CATEGORY
66	FOUR, the agency shall require the firm receiving the award to
67	execute a truth-in-negotiation certificate stating that wage
68	rates and other factual unit costs supporting the compensation
69	are accurate, complete, and current at the time of contracting.
70	Any professional service contract under which such a certificate
71	is required must contain a provision that the original contract
72	price and any additions thereto will be adjusted to exclude any
73	significant sums by which the agency determines the contract
74	price was increased due to inaccurate, incomplete, or noncurrent
75	wage rates and other factual unit costs. All such contract
76	adjustments must be made within 1 year following the end of the
77	contract.
78	(b)  Should the agency be unable to negotiate a
79	satisfactory contract with the firm considered to be the most
80	qualified at a price the agency determines to be fair,
81	competitive, and reasonable, negotiations with that firm must be
82	formally terminated. The agency shall then undertake
83	negotiations with the second most qualified firm. Failing accord
84	with the second most qualified firm, the agency must terminate
85	negotiations. The agency may shall then undertake negotiations
86	with the third most qualified firm. The agency may reopen
87	negotiations with any selected firm upon terminating
88	negotiations with another selected firm.
89	(c)  Should the agency be unable to negotiate a
90	satisfactory contract with any of the selected firms, the agency
91	shall select additional firms in the order of their competence
92	and qualification and continue negotiations in accordance with
93	this subsection until an agreement is reached.
94	Section 2.  This act shall take effect July 1, 2011.

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