HB 0601

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


CODING: Words stricken are deletions; words underlined are additions.