HB 0601CS

CHAMBER ACTION




1The Governmental Operations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to professional services acquisition;
7amending s. 287.055, F.S.; revising certain definitions;
8defining the term "negotiate"; providing additional
9criteria for processing bids to purchase professional
10services that exceed certain threshold amounts; requiring
11the agency to reject proposals and reinitiate procurement
12pursuant to competitive selection under certain
13circumstances; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraphs (d) and (g) of subsection (2),
18paragraph (a) of subsection (3), and paragraph (c) of subsection
19(4) of section 287.055, Florida Statutes, are amended, and
20paragraph (l) is added to subsection (2) of said section, to
21read:
22     287.055  Acquisition of professional architectural,
23engineering, landscape architectural, or surveying and mapping
24services; definitions; procedures; contingent fees prohibited;
25penalties.--
26     (2)  DEFINITIONS.--For purposes of this section:
27     (d)  "Compensation" means the total amount paid by the
28agency for professional services regardless of whether stated as
29compensation or stated as hourly rates, overhead rates, or other
30figures or formulas from which compensation can be calculated.
31     (g)  A "continuing contract" is a contract for professional
32services entered into in accordance with all the procedures of
33this act between an agency and a firm whereby the firm provides
34professional services to the agency for projects in which
35construction costs do not exceed $1 million, for study activity
36when the fee for such professional service does not exceed
37$50,000, or for work of a specified nature as outlined in the
38contract required by the agency, with no time limitation except
39that the contract must provide a termination clause.
40Professionals under continuing contracts shall not be required
41to bid against one another.
42     (l)  "Negotiate" or any form of that word means to conduct
43legitimate, arms length discussions and conferences to reach an
44agreement on a term or price. For purposes of this section, the
45term does not include presentation of flat-fee schedules with no
46alternatives or discussion.
47     (3)  PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.--
48     (a)1.  Each agency shall publicly announce, in a uniform
49and consistent manner, each occasion when professional services
50must be purchased for a project the basic construction cost of
51which is estimated by the agency to exceed the threshold amount
52provided in s. 287.017 for CATEGORY FIVE or for a planning or
53study activity when the fee for professional services exceeds
54the threshold amount provided in s. 287.017 for CATEGORY TWO,
55except in cases of valid public emergencies certified by the
56agency head. The public notice must include a general
57description of the project and must indicate how interested
58consultants may apply for consideration.
59     2.  Each agency shall provide a good faith estimate in
60determining whether the proposed activity meets the threshold
61amounts referred to in this paragraph.
62     (4)  COMPETITIVE SELECTION.--
63     (c)  This subsection does not apply to a professional
64service contract for a project the basic construction cost of
65which is estimated by the agency to be not in excess of the
66threshold amount provided in s. 287.017 for CATEGORY FIVE or for
67a planning or study activity when the fee for professional
68services is not in excess of the threshold amount provided in s.
69287.017 for CATEGORY TWO. However, if, in using another
70procurement process, the average of the compensation proposed by
71firms is in excess of the appropriate threshold amount, the
72agency shall reject all proposals and reinitiate the procurement
73pursuant to this subsection.
74     Section 2.  This act shall take effect July 1, 2005.


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