Florida Senate - 2012 SB 246 By Senator Bennett 21-00297-12 2012246__ 1 A bill to be entitled 2 An act relating to the procurement of professional 3 architectural, engineering, landscape architectural, 4 or surveying and mapping services; amending s. 5 287.055, F.S.; revising the definition of “continuing 6 contract” and defining “best value selection”; 7 clarifying provisions with respect to selection of 8 firms by an agency under the competitive selection 9 process; providing that an agency has the right to 10 reject any or all submissions received in response to 11 a public announcement under the competitive selection 12 process; authorizing an agency to award contracts to 13 multiple firms under the competitive negotiation 14 process; providing for a best value selection process; 15 requiring agencies to adopt rules governing the use of 16 the process; providing minimum requirements with 17 respect to best value selection procedures; providing 18 an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (g) of subsection (2) of section 23 287.055, Florida Statutes, is amended, and paragraph (m) is 24 added to that subsection, paragraph (b) of subsection (4) is 25 amended, and paragraph (e) is added to that subsection, 26 paragraph (d) is added to subsection (5), subsections (6) 27 through (11) are renumbered as subsections (7) through (12), 28 respectively, and a new subsection (6) is added to that section, 29 to read: 30 287.055 Acquisition of professional architectural, 31 engineering, landscape architectural, or surveying and mapping 32 services; definitions; procedures; contingent fees prohibited; 33 penalties.— 34 (2) DEFINITIONS.—For purposes of this section: 35 (g) A “continuing contract” is a contract for professional 36 services entered into in accordance with all the procedures of 37 this act between an agency and a firm whereby the firm provides 38 professional services to the agency for projects in which the 39 estimated construction cost of each individual project under the 40 contract does not exceed $2 million, for study activity if the 41 fee for professional services for each individual study under 42 the contract does not exceed $200,000, or for work of a 43 specified nature as outlined in the contract required by the 44 agency, with the contract having
being for a fixed term or with45 no time limitation, except that the contract must provide a 46 termination clause. Firms providing professional services under 47 continuing contracts shall not be required to bid against one 48 another. 49 (m) “Best value selection” means the selection of a firm or 50 firms whose proposal provides the greatest overall benefit to an 51 agency in accordance with the requirements of a formal 52 solicitation. 53 (4) COMPETITIVE SELECTION.— 54 (b) The agency shall select in order of preference no fewer 55 than three firms deemed to be the most highly qualified to 56 perform the required services, except in instances where fewer 57 than three firms respond to the public announcement. In 58 determining whether a firm is qualified, the agency shall 59 consider such factors as the ability of professional personnel; 60 whether a firm is a certified minority business enterprise; past 61 performance; willingness to meet time and budget requirements; 62 location; recent, current, and projected workloads of the firms; 63 and the volume of work previously awarded to each firm by the 64 agency, with the object of effecting an equitable distribution 65 of contracts among qualified firms, provided such distribution 66 does not violate the principle of selection of the most highly 67 qualified firms. The agency may request, accept, and consider 68 proposals for the compensation to be paid under the contract 69 only during competitive negotiations under subsection (5). 70 (e) The agency shall have the right to reject any or all 71 submissions received in response to the public announcement. 72 (5) COMPETITIVE NEGOTIATION.— 73 (d) The agency may, in its discretion, award contracts to 74 multiple firms. 75 (6) BEST VALUE SELECTION PROCESS.— 76 (a) An agency may, at its discretion, purchase professional 77 services using a best value selection process, subject to 78 requirements provided in this subsection. The agency shall make 79 such purchases in accordance with this chapter and rules 80 applicable to the agency. 81 (b) Each agency shall adopt rules governing the use of the 82 best value selection process in choosing a firm or firms. 83 Procedures for the use of the best value selection process must 84 include, at a minimum: 85 1. The preparation and distribution of a public 86 solicitation consistent with the requirements of subsection (3). 87 The public solicitation shall contain the criteria, procedures, 88 and standards for the evaluation of proposals considered under 89 subparagraph 3. 90 2. The initial evaluation of proposals received in 91 accordance with the requirements of paragraph (4)(a). 92 3. A two-stage selection process that, at a minimum, 93 adheres to the following procedures and requirements: 94 a. Except as otherwise provided in this section, under the 95 initial stage of the selection process, competing firms shall be 96 evaluated using the criteria set forth in paragraph (4)(b) and 97 the agency shall select a firm or firms based on the 98 evaluations. Proposals for compensation to be paid under the 99 contract may not be solicited or accepted during this stage of 100 the process. 101 b. Under the second stage of the process, the firms 102 selected shall be asked to submit a compensation proposal for 103 the proposed work. The proposal shall be evaluated along with 104 the information obtained under sub-subparagraph a. and any other 105 information the agency chooses to request with the compensation 106 proposal to make a best value selection. 107 4. A requirement that the criterion pertaining to 108 compensation may not exceed 50 percent of the total weight of 109 the published evaluation criteria. 110 5. Authority of an agency head to negotiate with the best 111 firm available in the event of a declared state of emergency 112 pursuant to s. 252.36. 113 Section 2. This act shall take effect July 1, 2012.