| 1 | Representative(s) Kottkamp offered the following: |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 319 through 460, and insert: |
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| 6 | require adjustments to the agency's budget, in accordance with |
| 7 | chapter 216, totaling $1 million or more. Amendments to existing |
| 8 | contracts are excluded. |
| 9 | (c) Contractual services procurements that do not involve |
| 10 | an outlay of state funds estimated to total $10 million or more |
| 11 | in any fiscal year because of the provision of services by the |
| 12 | contractor at a rate significantly below market rate, the |
| 13 | significant investment of other resources by the agency, or |
| 14 | other reason, but in which the total value of the services |
| 15 | performed by the agency and contractor under the contract is |
| 16 | estimated to total $10 million or more in any fiscal year. |
| 17 | Examples of such procurements include, but are not limited to, |
| 18 | free, no-cost, or codevelopment contracts. |
| 19 | (d) Contractual services procurements for which the sum of |
| 20 | gross revenues or shared savings to be generated for the state |
| 21 | and contractor over the term of the contract plus the sum of any |
| 22 | payments to the contractor by the agency over the term of the |
| 23 | contract, if any, is estimated to total $10 million or more in |
| 24 | any fiscal year. |
| 25 | (e) Contractual services procurements that do not meet the |
| 26 | criteria in paragraphs (a)-(d) that the Legislature has directed |
| 27 | to be subject to the centralized gate process. |
| 28 | (2) Extensions and renewals of contracts resulting from |
| 29 | procurements in subsection (1) and extensions and renewals of |
| 30 | contracts meeting the criteria identified in paragraphs (1)(a), |
| 31 | (c), and (d) which did not pass through the center shall undergo |
| 32 | review and analysis through the centralized gate process |
| 33 | implemented by the center, through, notwithstanding any law to |
| 34 | the contrary, such contracts shall pass only through such gates |
| 35 | as the commission determines are appropriate based on the |
| 36 | legislative intent of this act. |
| 37 |
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| 38 | For purposes of determining whether a procurement meets the |
| 39 | requirements of this section, multiple contractual services |
| 40 | procurements for substantially similar or related functions or |
| 41 | responsibilities occurring in a coordinated fashion or in close |
| 42 | time proximity to one another are considered a single |
| 43 | contractual services procurement for purposes of meeting the |
| 44 | thresholds set forth in this section. |
| 45 | (3) The centralized gate process shall require, at a |
| 46 | minimum, review of the procurement by the commission at each |
| 47 | gate. At each gate, the commission shall determine by majority |
| 48 | vote to: |
| 49 | (a) Approve the procurement, if the agency has |
| 50 | sufficiently met the requirements of the current gate, and |
| 51 | advance the procurement to the next phase; |
| 52 | (b) Withhold approval of the procurement, if additional |
| 53 | work must be completed in order to satisfy the requirements of |
| 54 | the current gate, and retain the procurement in that phase; or |
| 55 | (c) Deny the procurement, if the procurement is not a good |
| 56 | business decision, and remove the procurement from |
| 57 | consideration. |
| 58 |
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| 59 | Notwithstanding the provisions of this section, the commission |
| 60 | may not deny procurements which are required by law. If the |
| 61 | commission determines that a procurement required by law is not |
| 62 | a good business decision, the commission shall withhold approval |
| 63 | and transmit to the President of the Senate, the Speaker of the |
| 64 | House of Representatives, and the Governor the reasons why the |
| 65 | procurement should not be completed and any recommendation for |
| 66 | legislative action. If the President of the Senate or the |
| 67 | Speaker of the House of Representatives has not responded within |
| 68 | 14 business days of receipt of the communication, the commission |
| 69 | shall proceed at its discretion consistent with the Legislative |
| 70 | intent of this act. |
| 71 |
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| 72 | Notwithstanding any law to the contrary, agencies under the |
| 73 | individual control of the Attorney General, the Chief Financial |
| 74 | Officer, or the Commissioner of Agriculture are subject to the |
| 75 | provisions of this act, except that the commission shall not |
| 76 | grant, withhold, or deny approval of a procurement by such |
| 77 | agency but instead may only provide recommendations to the |
| 78 | agency. The respective agency head shall have sole authority to |
| 79 | grant, withhold, or deny approval of such procurement. |
| 80 | (4) The gates and required documentation comprising the |
| 81 | centralized gate process shall, at a minimum, consist of: |
| 82 | (a) The proposal identification gate, which shall include |
| 83 | the business case. |
| 84 | (b) The procurement preparation gate, which shall include |
| 85 | the updated business case and the solicitation documents prior |
| 86 | to the its issuance of such documents. An agency may not release |
| 87 | solicitation documents without the commission's approval at this |
| 88 | gate. The commission must review and approve the written |
| 89 | determination of the agency required pursuant to s. |
| 90 | 287.057(3)(a) before granting approval for the use of an |
| 91 | invitation to negotiate, or withhold approval pending submission |
| 92 | by the agency of an acceptable alternative solicitation method. |
| 93 | (c) The contract development gate, which shall include the |
| 94 | final business case and the proposed unexecuted contract. An |
| 95 | agency may not execute the contract without the commission's |
| 96 | approval at this gate. |
| 97 | (d) The transition management gate, which shall include |
| 98 | updates to the final business case and, for a procurement of |
| 99 | contractual services, an analysis of the agency's and |
| 100 | contractor's readiness for the contractor to perform the |
| 101 | proposed responsibility or function. An agency may not |
| 102 | transition to contractor performance without the commission's |
| 103 | approval at this gate. |
| 104 | (e) The post-implementation gate, which shall include |
| 105 | updates to the final business case and a report on the adequacy |
| 106 | of contractor performance. |
| 107 | (5)(a) Any executed contract for a procurement passing |
| 108 | through the centralized gate process pursuant to this section |
| 109 | shall be null and void if an agency fails to comply with the |
| 110 | commission decision at the proposal identification, procurement |
| 111 | preparation, or contract development gate. |
| 112 | (b) Failure to comply with any other requirements of this |
| 113 | act or implementing rules shall not affect the validity of the |
| 114 | competitive solicitation and award process or any contract. |
| 115 | (6) The commission shall take action at each gate within |
| 116 | 60 days of the submission of a procurement by an agency. If the |
| 117 | commission does not take action within this timeframe, the |
| 118 | agency head shall determine whether to grant, withhold, or deny |
| 119 | approval of the procurement at that gate based on the rules and |
| 120 | guidelines of the commission for that gate and shall notify the |
| 121 | Governor, the President of the Senate, the Speaker of the House |
| 122 | of Representatives, and the commission of such action and the |
| 123 | circumstances thereof. |
| 124 | (7) During the terms of the contracts, the agency shall |
| 125 | annually submit with its legislative budget request a status |
| 126 | report for each procurement that has passed through at least the |
| 127 | first three gates of the centralized gate process describing the |
| 128 | progress made to date, actual completion dates in comparison to |
| 129 | planned completion dates, actual costs incurred in comparison to |
| 130 | projected costs incurred, current issues requiring resolution, |
| 131 | planned project milestones, deliverables, and expenditures for |
| 132 | the next reporting period, and any other information relating to |
| 133 | the contractual services that may be requested. |
| 134 | Section 7. Section 287.0577, Florida Statutes, is created |
| 135 | to read: |
| 136 | 287.0577 Requirements for procurement of certain |
| 137 | contractual services.--In addition to the other applicable |
| 138 | requirements of this chapter, an agency shall comply with the |
| 139 | following requirements for, at a minimum, procurements of |
| 140 | contractual services estimated to total $1 million or more in |
| 141 | any fiscal year and those subject to review under s. |
| 142 | 287.0576(1)(b), (c), (d), and (e) and (2): |
| 143 | (1) BUSINESS CASE.--The agency shall develop a business |
| 144 | case which describes and analyzes the procurement. The business |
| 145 | case is not subject to challenge or protest pursuant to chapter |
| 146 | 120. The business case shall include, but not be limited to, the |
| 147 | information in paragraphs (a)-(l). For procurements not subject |
| 148 | to commission review, the agency shall provide a copy of the |
| 149 | business case to the President of the Senate and the Speaker of |
| 150 | the House at least 14 days prior to releasing a solicitation. |
| 151 | For procurements subject to |
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| 154 | ================ T I T L E A M E N D M E N T ============= |
| 155 | Remove line 48 and insert: |
| 156 |
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| 157 | requiring the submission of annual status reports; |