Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. PCS (434036) for CS for SB 1044
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LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/19/2019 .
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The Committee on Appropriations (Lee) recommended the following:
1 Senate Amendment to Amendment (424768) (with title
2 amendment)
3
4 Between lines 55 and 56
5 insert:
6 Section 4. Section 337.1101, Florida Statutes, is created
7 to read:
8 337.1101 Contracting and procurement authority of the
9 department; settlements; notification required.—
10 (1) When the department, or any entity or enterprise within
11 the department, determines that it is in the best interest of
12 the public to resolve a protest filed in accordance with s.
13 120.57(3) of the award of a contract being procured pursuant to
14 s. 337.11 or related to the purchase of personal property or
15 contractual services being procured pursuant to s. 287.057,
16 through a settlement that requires the department to pay a
17 nonselected responsive bidder a total sum of $1 million or more,
18 including any amount paid pursuant to s. 334.049, s. 337.11(8),
19 or any other law, the department must:
20 (a) Document in a written memorandum by the secretary,
21 which shall be finalized not later than the date of notification
22 of such settlement required pursuant to paragraph (b), the
23 specific reasons that such settlement and payment to a
24 nonselected responsive bidder is in the best interest of the
25 state in lieu of resoliciting competitive sealed bids,
26 proposals, or replies. The written memorandum must be included
27 and maintained in the department’s permanent files concerning
28 the procurement and must include:
29 1. A detailed description of the property rights, patent
30 rights, copyrights, or trademarks that the department will
31 acquire as a result of such settlement;
32 2. A detailed description of the analysis undertaken by the
33 department of the proposal development costs and the anticipated
34 degree of engineering design or other design work undertaken by
35 the responsive bidder to which the department will obtain and
36 retain the right to use from the nonselected responsive bidder
37 or design-build firm;
38 3. The department’s cost-benefit analysis demonstrating
39 that the payment provides value to the department and is in the
40 best interests of the state;
41 4. The specific appropriation in the existing General
42 Appropriations Act which the department intends to use to
43 provide such payment; and
44 5. The specific detailed reasons why the selected
45 responsive bidder should not be responsible for the entire
46 payment to the nonselected nonresponsive bidder or design-build
47 firm.
48 (b) Provide prior written notification to the President of
49 the Senate, the Speaker of the House of Representatives, the
50 Senate and House of Representatives minority leaders, the chair
51 and vice-chair of the Legislative Budget Commission, and the
52 Attorney General at least 5 business days, or as soon thereafter
53 as practicable, before the department makes the settlement
54 agreement final. Such written notification must include the
55 written memorandum required pursuant to paragraph (a).
56 (c) Provide, at the time settlement discussions regarding
57 any such payment have begun in earnest, written notification of
58 such discussions to the President of the Senate, the Speaker of
59 the House of Representatives, the Senate and House of
60 Representatives minority leaders, the chair and vice-chair of
61 the Legislative Budget Commission, and the Attorney General. The
62 written notification required pursuant to this paragraph must
63 describe the procurement to which the proposed settlement
64 payment relates, the range of the proposed payments involved,
65 the specific appropriation in the General Appropriations Act
66 which will be used to make the proposed payment, and a summary
67 of the specific reasons the department has for considering such
68 payment.
69 (2) The department may not pledge any current or future
70 action by another branch of state government as a condition of
71 any procurement action. Any settlement that commits the state to
72 spending any amount in excess of current appropriations, to the
73 appropriation of funds in a subsequent fiscal year, or to policy
74 changes inconsistent with current state law must be contingent
75 upon and subject to legislative appropriation or statutory
76 amendment. The department may agree to use its efforts to
77 procure legislative funding or statutory amendments.
78
79 ================= T I T L E A M E N D M E N T ================
80 And the title is amended as follows:
81 Delete line 233
82 and insert:
83 increases; amending s. 337.1101, F.S.; specifying
84 requirements for the department when the department or
85 any entity or enterprise within the department
86 determines that it is in the best interest of the
87 public to resolve a certain protest of the award of a
88 certain contract; providing requirements for a certain
89 memorandum; providing requirements for certain
90 notifications; prohibiting the department from
91 pledging any current or future action by another
92 branch of state government as a condition of any
93 procurement action; requiring certain settlements to
94 be contingent upon and subject to legislative
95 appropriation or statutory amendment; authorizing the
96 department to agree to use its efforts to procure
97 legislative funding or statutory amendments; amending
98 s. 337.14, F.S.; requiring that