Bill Text: FL S0864 | 2016 | Regular Session | Introduced
Bill Title: State Contracts
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-03-11 - Died in Appropriations [S0864 Detail]
Download: Florida-2016-S0864-Introduced.html
Florida Senate - 2016 SB 864 By Senator Smith 31-00934-16 2016864__ 1 A bill to be entitled 2 An act relating to state contracts; amending s. 3 287.058, F.S.; requiring all state contracts in excess 4 of a certain amount to require that call-center 5 services 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) AEveryprocurement of contractual services in excess 14 of the threshold amount provided underins. 287.017 for 15 CATEGORY TWO, except forthe providing ofhealth and mental 16 health services or drugs in the examination, diagnosis, or 17 treatment of sick or injured state employees orthe providing of18 other benefits as required by chapter 440, mustshallbe 19 evidenced by a written agreement embodying all provisions and 20 conditions forofthe procurement of such services. As 21 applicable, the agreement must, which shall, where applicable,22 include, but need not be limited to, a provision: 23 (a) Requiring that bills for fees or other compensation for 24 services or expenses be submitted in detail sufficient for a 25 proper preaudit and postauditthereof. 26 (b) Requiring 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) Requiring all call-center services provided pursuant to 30 the contract to be staffed by persons located within the United 31 States. This requirement also applies to all call-center 32 services 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 whichthatclearly 40 establishes all tasks the contractor is required to perform. 41 (f)(e)Dividing the contract into quantifiable, measurable, 42 and verifiable units of deliverables whichthatmust be received 43 and accepted in writing by the contract manager before payment. 44 Each deliverable must be directly related to the scope of work 45 and specify a performance measure. As used in this paragraph, 46 the term “performance measure” means the required minimum 47 acceptable level of service to be performed and criteria for 48 evaluating the successful completion of each deliverable. 49 (g)(f)Specifying the criteria and the final date by which 50 such criteria must be met for completion of the contract. 51 (h)(g)Specifying that the contract may be renewed for up 52 toa period that may not exceed3 years or the term of the 53 original contract, whichever is longer, specifying the renewal 54 price for the contractual service as set forth in the bid, 55 proposal, or reply, specifying that costs for the renewal may 56 not be charged, and specifying that renewals are contingent upon 57 satisfactory performance evaluations by the agency and subject 58 to the availability of funds. Exceptional purchase contracts 59 pursuant to s. 287.057(3)(a) and (c) may not 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 agency may authorize the use 70 of a purchase order for classes of contractual services if the 71 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)-(d)(a)-(c)76 and (h)(g)in the contract document or purchase order, agencies 77 may incorporate the requirements of those paragraphs(a)-(c) and78(g)by reference. 79 Section 2. This act shall take effect July 1, 2016.