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House Bill 1651

Florida House of Representatives - 1997 HB 1651 By Representatives Fuller, Arnall and Constantine 1 A bill to be entitled 2 An act relating to the Consultants' Competitive 3 Negotiation Act; amending s. 287.055, F.S.; 4 providing that municipalities, political 5 subdivisions, school districts, and school 6 boards, as an alternative to awarding 7 design-build contracts using a competitive 8 proposal selection process as described in said 9 section, may award such contracts using a 10 qualifications-based selection process pursuant 11 to standards for competitive selection and 12 competitive negotiation for entering into a 13 contract for a guaranteed maximum price and 14 completion date; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraph (c) of subsection (10) of section 19 287.055, Florida Statutes, 1996 Supplement, is amended to 20 read: 21 287.055 Acquisition of professional architectural, 22 engineering, landscape architectural, or surveying and mapping 23 services; definitions; procedures; contingent fees prohibited; 24 penalties.-- 25 (10) APPLICABILITY TO DESIGN-BUILD CONTRACTS.-- 26 (c) Except as otherwise provided in s. 240.209(3) or 27 s. 337.11(7), the Department of Management Services shall 28 adopt rules for the award of design-build contracts to be 29 followed by state agencies. Each other agency must adopt 30 rules or ordinances for the award of design-build contracts. 31 For Municipalities, political subdivisions, school districts, 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1651 527-139-97 1 and school boards shall award design-build contracts by the 2 use of a competitive proposal selection process as described 3 in this subsection, or by the use of a qualifications-based 4 selection process pursuant to subsections (4) and (5) for 5 entering into a contract for a guaranteed maximum price and 6 guaranteed completion date. Procedures for the use of a 7 competitive proposal selection process, such procedures must 8 include as a minimum the following: 9 1. The preparation of a design criteria package for 10 the design and construction of the public construction 11 project. 12 2. The qualification and selection of no fewer than 13 three design-build firms as the most qualified, based on the 14 qualifications, availability, and past work of the firms, 15 including the partners or members thereof. 16 3. The criteria, procedures, and standards for the 17 evaluation of design-build contract proposals or bids, based 18 on price, technical, and design aspects of the public 19 construction project, weighted for the project. 20 4. The solicitation of competitive proposals, pursuant 21 to a design criteria package, from those qualified 22 design-build firms and the evaluation of the responses or bids 23 submitted by those firms based on the evaluation criteria and 24 procedures established prior to the solicitation of 25 competitive proposals. 26 5. For consultation with the employed or retained 27 design criteria professional concerning the evaluation of the 28 responses or bids submitted by the design-build firms, the 29 supervision or approval by the agency of the detailed working 30 drawings of the project; and for evaluation of the compliance 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1651 527-139-97 1 of the project construction with the design criteria package 2 by the design criteria professional. 3 6. In the case of public emergencies, for the agency 4 head to declare an emergency and authorize negotiations with 5 the best qualified design-build firm available at that time. 6 Section 2. This act shall take effect October 1, 1997. 7 8 ***************************************** 9 HOUSE SUMMARY 10 Amends the Consultants' Competitive Negotiation Act to 11 provide that municipalities, political subdivisions, school districts, and school boards, as an alternative to 12 awarding design-build contracts using a competitive proposal selection process as described in said act, may 13 award such contracts using a qualifications-based selection process pursuant to standards for competitive 14 selection and competitive negotiation for entering into a contract for a guaranteed maximum price and completion 15 date. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3