The Florida Senate

378.102  Florida Institute of Phosphate Research; procurement of research services.--

(1)  SHORT TITLE.--This section may be cited as the "Florida Institute of Phosphate Research Competitive Negotiation Act."

(2)  DEFINITIONS.--As used in this section, the term:

(a)  "Research services" means services within the scope of research, as performed by a chemist, biologist, geologist, engineer, university professor, or other researcher in connection with research performed for the institute.

(b)  "Institute" means the Florida Institute of Phosphate Research.

(c)  "Firm" means any individual, firm, partnership, corporation, association, university, state or federal agency, or other legal entity permitted by law to enter into a contractual agreement for services in this state.

(d)  "Compensation" means the total amount paid by the institute for research services.

(e)  "Project" means the research study or planning activity described by the institute pursuant to paragraph (3)(a).

(f)  "Selection committee" means a group composed of one or more of research directors of the institute and one or more outside experts, knowledgeable in the research subject to be addressed in the project. The committee shall consist of an odd number of at least three members selected by the board of directors of the institute.

(3)  PUBLIC ADVERTISEMENT AND QUALIFICATION PROCEDURE.--

(a)  The institute shall publicly advertise, in a uniform and consistent manner, each occasion when research services are required to be purchased for a research project or for a research-related planning or study activity and the fee for services exceeds $5,000. The advertisement shall include a general description of the project and shall indicate how interested parties may apply for consideration.

(b)  The institute shall adopt administrative procedures for the evaluation of research services, including, but not limited to, qualifications of the firm, capabilities, adequacy of personnel, plan of study, past record and experience, and any other factors applicable to the institute's requirements for a project.

(c)  The proceedings under this section shall be open to the public.

(4)  COMPETITIVE SELECTION.--

(a)  A selection committee shall be chosen to evaluate current statements of qualifications and performance data on file with the institute, for each proposed project, with statements submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the project, and ability to furnish the required service. If three firms are not available, the board of directors may authorize consideration of fewer than three firms.

(b)  The selection committee, considering the ability of research personnel; past performance; proposed plan of study; willingness to meet time and budget requirements; location; recent, current, and projected workloads; and the volume of work previously awarded to the firm by the institute, shall select in order of preference no fewer than three firms deemed to be most highly qualified to equitably distribute contracts among qualified firms, provided the most highly qualified firm with the most appropriate plan of study is selected. If fewer than three firms apply, the board of directors may consider the ones that apply.

(c)  This subsection does not apply when the fee for professional services is $5,000 or less.

(5)  COMPETITIVE NEGOTIATION.--

(a)  The institute shall negotiate a contract with the selected firm at compensation which is fair, competitive, and reasonable. In making such determination, the institute shall analyze the cost, scope, and complexity of the research services required. Fixed-fee contracts must contain a provision stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting and must contain a provision that the original contract price and any additions will be adjusted to exclude any significant sums by which the institute determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. Contract adjustments must be made within 1 year following completion of a contract.

(b)  If the institute is unable to negotiate a fair, competitive, and reasonable contract with the most qualified firm, negotiations with that firm shall be terminated and the institute shall negotiate with the second most qualified firm. If no agreement can be reached with the second most qualified firm, the institute shall terminate negotiations and shall negotiate with the third most qualified firm.

(c)  If the institute is unable to negotiate a satisfactory contract with any of the selected firms, the institute shall select additional firms in order of competence and qualifications and shall continue negotiations until an agreement is reached, or the institute may readvertise or terminate the project.

(6)  PROHIBITION AGAINST CONTINGENT FEES.--

(a)  Each contract entered into by the institute for research services must contain the following provision: The researcher warrants that he or she has not employed or retained any person, other than an employee working only for the researcher to secure this agreement and that he or she has not paid or agreed to pay any other person any consideration contingent upon the making of this agreement. If this provision is violated, the institute may terminate the agreement without liability and may deduct from the contract price, or otherwise recover, the full amount of such consideration from the researcher.

(b)  Any person, other than an employee working only for a researcher, who offers, agrees, or contracts to solicit or secure institute contracts for any person other than the researcher and is to be paid, or is paid, any consideration contingent upon the award of a contract, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

(c)  Any person who offers to pay or pays any consideration contingent upon the award of any contract is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

(d)  Any person employed by the institute who offers to solicit or solicits a contract for consideration contingent upon the award of such contract is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

(7)  APPLICABILITY TO EXISTING CONTRACTS.--This section does not affect the validity or effect of any contracts in existence on October 1, 1986.

History.--s. 4, ch. 86-294; s. 639, ch. 95-148.