| 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 |
|
| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
|
| 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. |