Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1784
                        Barcode 520658
                            CHAMBER ACTION
              Senate                               House
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       03/18/2005 08:46 AM         .                    
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11  The Committee on Regulated Industries (Wise) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 1, line 12, through
16            page 3, line 3, delete those lines
17  
18  and insert:  
19         Section 1.  Paragraphs (d) and (g) of subsection (2),
20  paragraph (a) of subsection (3), and paragraphs (b) and (c) of
21  subsection (4) of section 287.055, Florida Statutes, are
22  amended, and paragraph (l) is added to subsection (2) of that
23  section, to read:
24         287.055  Acquisition of professional architectural,
25  engineering, landscape architectural, or surveying and mapping
26  services; definitions; procedures; contingent fees prohibited;
27  penalties.--
28         (2)  DEFINITIONS.--For purposes of this section:
29         (d)  "Compensation" means the total amount paid by the
30  agency for professional services regardless of whether stated
31  as compensation or stated as hourly rates, overhead rates, or
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    5:52 PM   03/17/05                              s1784.ri05.001

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1784 Barcode 520658 1 other figures or formulas from which compensation can be 2 calculated. 3 (g) A "continuing contract" is a contract for 4 professional services entered into in accordance with all the 5 procedures of this act between an agency and a firm whereby 6 the firm provides professional services to the agency for 7 projects in which construction costs do not exceed $1 million, 8 for study activity when the fee for such professional service 9 does not exceed $50,000, or for work of a specified nature as 10 outlined in the contract required by the agency, with no time 11 limitation except that the contract must provide a termination 12 clause. Professionals under continuing contracts shall not be 13 required to bid against one another. 14 (l) "Negotiate" or any form of that word means to 15 conduct legitimate, arms length discussions and conferences to 16 reach an agreement on a term or price. For purposes of this 17 section, the term does not include presentation of flat-fee 18 schedules with no alternatives or discussion. 19 (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION 20 PROCEDURES.-- 21 (a)1. Each agency shall publicly announce, in a 22 uniform and consistent manner, each occasion when professional 23 services must be purchased for a project the basic 24 construction cost of which is estimated by the agency to 25 exceed the threshold amount provided in s. 287.017 for 26 CATEGORY FIVE or for a planning or study activity when the fee 27 for professional services exceeds the threshold amount 28 provided in s. 287.017 for CATEGORY TWO, except in cases of 29 valid public emergencies certified by the agency head. The 30 public notice must include a general description of the 31 project and must indicate how interested consultants may apply 2 5:52 PM 03/17/05 s1784.ri05.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1784 Barcode 520658 1 for consideration. 2 2. Each agency shall provide a good faith estimate in 3 determining whether the proposed activity meets the threshold 4 amounts referred to in this paragraph. 5 3. If an agency determines that a proposed activity 6 does not meet the monetary thresholds referred to in this 7 paragraph and proceeds to solicit bids for the activity, and 8 if the average of all of the responsive bids actually received 9 by the agency exceeds such thresholds for the specified 10 activity, the agency shall reject all bids and proceed in 11 accordance with the provisions of this section. 12 (4) COMPETITIVE SELECTION.-- 13 (b) The agency shall select in order of preference no 14 fewer than three firms deemed to be the most highly qualified 15 to perform the required services. In determining whether a 16 firm is qualified, the agency shall consider such factors as 17 the ability of professional personnel; whether a firm is a 18 certified minority business enterprise; past performance; 19 proven capability willingness to meet time and budget 20 requirements; location, if the agency has adopted a 21 local-preference program; recent, current, and projected 22 workloads of the firms; and the volume of work previously 23 awarded to each firm by the agency, with the object of 24 effecting an equitable distribution of contracts among 25 qualified firms, provided such distribution does not violate 26 the principle of selection of the most highly qualified firms. 27 The agency may request, accept, and consider proposals for the 28 compensation to be paid under the contract only during 29 competitive negotiations under subsection (5). 30 (c) This subsection does not apply to a professional 31 service contract for a project the basic construction cost of 3 5:52 PM 03/17/05 s1784.ri05.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1784 Barcode 520658 1 which is estimated by the agency to be not in excess of the 2 threshold amount provided in s. 287.017 for CATEGORY FIVE or 3 for a planning or study activity when the fee for professional 4 services is not in excess of the threshold amount provided in 5 s. 287.017 for CATEGORY TWO. However, when such an 6 alternative-procurement process is used, the agency shall, if 7 the compensation proposed by a majority of the firms that 8 submit bids exceeds the amount of such threshold estimate, 9 reject all proposals and reinstate procurement under this 10 subsection. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 On page 1, line 8, after the semicolon, 16 17 insert: 18 revising the criteria for the competitive 19 selection of bids to purchase professional 20 services; 21 22 23 24 25 26 27 28 29 30 31 4 5:52 PM 03/17/05 s1784.ri05.001