1 | A bill to be entitled |
2 | An act relating to professional services acquisition; |
3 | amending s. 287.055, F.S.; revising certain definitions; |
4 | defining the term "negotiate"; providing additional |
5 | criteria for processing bids to purchase professional |
6 | services which exceed certain threshold amounts; providing |
7 | an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Paragraphs (d) and (g) of subsection (2) and |
12 | paragraph (a) of subsection (3) of section 287.055, Florida |
13 | Statutes, are amended, and paragraph (l) is added to subsection |
14 | (2) of said section, to read: |
15 | 287.055 Acquisition of professional architectural, |
16 | engineering, landscape architectural, or surveying and mapping |
17 | services; definitions; procedures; contingent fees prohibited; |
18 | penalties.-- |
19 | (2) DEFINITIONS.--For purposes of this section: |
20 | (d) "Compensation" means the total amount paid by the |
21 | agency for professional services regardless of whether stated as |
22 | compensation or stated as hourly rates, overhead rates, or other |
23 | figures or formulas from which compensation can be calculated. |
24 | (g) A "continuing contract" is a contract for professional |
25 | services entered into in accordance with all the procedures of |
26 | this act between an agency and a firm whereby the firm provides |
27 | professional services to the agency for projects in which |
28 | construction costs do not exceed $1 million, for study activity |
29 | when the fee for such professional service does not exceed |
30 | $50,000, or for work of a specified nature as outlined in the |
31 | contract required by the agency, with no time limitation except |
32 | that the contract must provide a termination clause. |
33 | Professionals under continuing contracts shall not be required |
34 | to bid against one another. |
35 | (l) "Negotiate" or any form of that word means to conduct |
36 | legitimate, arms length discussions and conferences to reach an |
37 | agreement on a term or price. For purposes of this section, the |
38 | term does not include presentation of flat-fee schedules with no |
39 | alternatives or discussion. |
40 | (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.-- |
41 | (a)1. Each agency shall publicly announce, in a uniform |
42 | and consistent manner, each occasion when professional services |
43 | must be purchased for a project the basic construction cost of |
44 | which is estimated by the agency to exceed the threshold amount |
45 | provided in s. 287.017 for CATEGORY FIVE or for a planning or |
46 | study activity when the fee for professional services exceeds |
47 | the threshold amount provided in s. 287.017 for CATEGORY TWO, |
48 | except in cases of valid public emergencies certified by the |
49 | agency head. The public notice must include a general |
50 | description of the project and must indicate how interested |
51 | consultants may apply for consideration. |
52 | 2. Each agency shall provide a good faith estimate in |
53 | determining whether the proposed activity meets the threshold |
54 | amounts referred to in this paragraph. |
55 | 3. If an agency determines that a proposed activity does |
56 | not meet the monetary thresholds referred to in this paragraph |
57 | and proceeds to solicit bids for the activity, and if the |
58 | average of all of the responsive bids actually received by the |
59 | agency exceeds such thresholds for the specified activity, the |
60 | agency shall reject all bids and proceed in accordance with the |
61 | provisions of this section. |
62 | Section 2. This act shall take effect July 1, 2005. |