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.
   20  Be It Enacted by the Legislature of the State of Florida:
   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 with
   45  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.
   73         (d) The agency may, in its discretion, award contracts to
   74  multiple firms.
   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.