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) A Every procurement of contractual services in excess
   14  of the threshold amount provided under in s. 287.017 for
   15  CATEGORY TWO, except for the providing of health and mental
   16  health services or drugs in the examination, diagnosis, or
   17  treatment of sick or injured state employees or the providing of
   18  other benefits as required by chapter 440, must shall be
   19  evidenced by a written agreement embodying all provisions and
   20  conditions for of the 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 postaudit thereof.
   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 which that clearly
   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 which that must 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  to a period that may not exceed 3 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) and
   78  (g) by reference.
   79         Section 2. This act shall take effect July 1, 2016.