Senate Bill sb2518

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2518

    By Senator Argenziano





    3-1590B-06

  1                      A bill to be entitled

  2         An act relating to procurement of contractual

  3         services by a state agency; amending s.

  4         287.057, F.S.; prohibiting a state agency from

  5         renewing or amending a contract for outsourcing

  6         under certain conditions; requiring certain

  7         qualifications for persons chosen to conduct

  8         negotiations during specified procurements;

  9         requiring the department to adopt rules

10         governing those qualifications; requiring that

11         a specified statement be included in

12         procurements of commodities and services which

13         prohibits contact between respondents and

14         specified employees of the executive and

15         legislative branches; creating s. 287.0571,

16         F.S.; creating the Florida Efficient Government

17         Act; providing legislative intent; providing

18         that procurements of specified commodities and

19         services are not subject to the act; creating

20         s. 287.05721, F.S.; providing definitions;

21         creating s. 287.0573, F.S.; creating the

22         Council on Efficient Government; providing the

23         purpose and membership of the council;

24         providing duties and responsibilities of the

25         council; requiring the council to review and

26         issue advisory reports on certain state agency

27         procurements; requiring the department to

28         employ adequate number of staff; requiring the

29         council to be headed by a director appointed by

30         the Secretary of Management Services; requiring

31         state agencies to submit materials required by

                                  1

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1         the council; creating s. 287.0574, F.S.;

 2         providing requirements for certain business

 3         cases to outsource by a state agency; requiring

 4         a state agency to develop a business case that

 5         describes and analyzes a contractual services

 6         procurement under consideration; providing that

 7         the business case is not subject to challenge

 8         or protest under the Administrative Procedure

 9         Act; providing required components of a

10         business case; providing contract requirements

11         for an outsourcing procurement; amending s.

12         287.058, F.S.; providing that a contract may

13         not prohibit a contractor from lobbying the

14         executive or legislative branches concerning

15         specified contract issues, within specified

16         time lines; creating s. 287.074, F.S.;

17         requiring that only public officers or

18         employees perform certain functions;

19         prohibiting a contractor from participating in

20         the procurement of contractual services by a

21         state agency; repealing s. 14.203, F.S.,

22         relating to the State Council on Competitive

23         Government; providing appropriations; providing

24         that certain state agencies are subject to the

25         act; providing an effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Paragraph (a) of subsection (14) and

30  paragraph (b) of subsection (17) of section 287.057, Florida

31  

                                  2

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1  Statutes, are amended, and subsection (26) is added to that

 2  section, to read:

 3         287.057  Procurement of commodities or contractual

 4  services.--

 5         (14)(a)  Contracts for commodities or contractual

 6  services may be renewed for a period that may not exceed 3

 7  years or the term of the original contract, whichever period

 8  is longer. Renewal of a contract for commodities or

 9  contractual services shall be in writing and shall be subject

10  to the same terms and conditions set forth in the initial

11  contract. If the commodity or contractual service is purchased

12  as a result of the solicitation of bids, proposals, or

13  replies, the price of the commodity or contractual service to

14  be renewed shall be specified in the bid, proposal, or reply.

15  A renewal contract may not include any compensation for costs

16  associated with the renewal. Renewals shall be contingent upon

17  satisfactory performance evaluations by the agency and subject

18  to the availability of funds. Exceptional purchase contracts

19  pursuant to paragraphs (5)(a) and (c) may not be renewed. With

20  the exception of s. 287.057(13), if a contract amendment

21  results in a longer contract term or increased payments, a

22  state agency may not renew or amend a contract for the

23  outsourcing of a service or activity that has an original term

24  value exceeding the sum of $10 million before submitting a

25  written report concerning contract performance to the

26  Governor, the President of the Senate, and the Speaker of the

27  House of Representatives at least 90 days before execution of

28  the renewal or amendment.

29         (17)  For a contract in excess of the threshold amount

30  provided in s. 287.017 for CATEGORY FOUR, the agency head

31  shall appoint:

                                  3

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1         (b)  At least three persons to conduct negotiations

 2  during a competitive sealed reply procurement who collectively

 3  have experience and knowledge in negotiating contracts,

 4  contract procurement, and the program areas and service

 5  requirements for which commodities or contractual services are

 6  sought. When the value of a contract is in excess of $1

 7  million in any fiscal year, at least one of the persons

 8  conducting negotiations must be certified as a contract

 9  negotiator based upon rules adopted by the Department of

10  Management Services in order to ensure that certified contract

11  negotiators are knowledgeable about effective negotiation

12  strategies, capable of successfully implementing those

13  strategies, and involved appropriately in the procurement

14  process. At a minimum, the rules must address the

15  qualifications required for certification, the method of

16  certification, and the procedure for involving the certified

17  negotiator. If the value of a contract is in excess of $10

18  million in any fiscal year, at least one of the persons

19  conducting negotiations must be a Project Management

20  Professional, as certified by the Project Management

21  Institute.

22         (26)  Each solicitation for the procurement of

23  commodities or contractual services shall include the

24  following provision: "Respondents to this solicitation or

25  persons acting on their behalf may not contact, between the

26  release of the solicitation and the execution of the resulting

27  contract, any employee or officer of the executive or

28  legislative branch concerning any aspect of this solicitation,

29  except in writing to the procurement officer or as provided in

30  the solicitation documents. Violation of this provision may be

31  grounds for rejecting a response."

                                  4

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1         Section 2.  Section 287.0571, Florida Statutes, is

 2  created to read:

 3         287.0571  Applicability of ss. 287.0571-287.0574.--

 4         (1)  Sections 287.0571-287.0574 may be cited as the

 5  "Florida Efficient Government Act."

 6         (2)  It is the intent of the Legislature that each

 7  state agency focus on its core mission and deliver services

 8  effectively and efficiently by leveraging resources and

 9  contracting with private-sector vendors whenever vendors can

10  more effectively and efficiently provide services and reduce

11  the cost of government.

12         (3)  It is further the intent of the Legislature that

13  business cases to outsource be evaluated for feasibility,

14  cost-effectiveness, and efficiency before a state agency

15  proceeds with any outsourcing of services.

16         (4)  Sections 287.0571-287.0574 do not apply to:

17         (a)  A procurement of commodities and contractual

18  services listed in s. 287.057(5)(e), (f), and (g) and (22).

19         (b)  A procurement of contractual services subject to

20  s. 287.055.

21         (c)  A contract in support of the planning,

22  development, implementation, operation, or maintenance of the

23  road, bridge, and public transportation construction program

24  of the Department of Transportation.

25         (d)  A procurement of commodities or contractual

26  services which does not constitute an outsourcing of services

27  or activities.

28         Section 3.  Section 287.05721, Florida Statutes, is

29  created to read:

30         287.05721  Definitions.--As used in ss.

31  287.0571-287.0574, the term:

                                  5

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1         (1)  "Council" means the Council on Efficient

 2  Government.

 3         (2)  "Outsource" means the process of contracting with

 4  a vendor to provide a service as defined in s. 216.011(1)(f),

 5  in whole or in part, or an activity as defined in s.

 6  216.011(1)(rr), while a state agency retains the

 7  responsibility and accountability for the service or activity

 8  and there is a transfer of management responsibility for the

 9  delivery of resources and the performance of those resources.

10         Section 4.  Section 287.0573, Florida Statutes, is

11  created to read:

12         287.0573  Council on Efficient Government; membership;

13  duties.--

14         (1)  There is created a Council on Efficient Government

15  within the Department of Management Services to review,

16  evaluate, and issue advisory reports on business cases

17  submitted to the council as specified in this section.

18         (2)  The council shall consist of seven members

19  appointed by the Governor pursuant to s. 20.052 and confirmed

20  by the Senate:

21         (a)  The Secretary of Management Services, who shall

22  serve as chair.

23         (b)  A cabinet member other than the Governor, or his

24  or her senior management or executive staff designee.

25         (c)  Two heads of executive branch agencies.

26         (d)  Three members from the private sector who,

27  collectively, have experience with procurement, successfully

28  increasing operational efficiency, and implementing complex

29  projects in the private-sector business environment. A

30  private-sector member of the council may not at any time

31  

                                  6

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1  during his or her appointment to the council be registered to

 2  lobby the executive or legislative branch.

 3         (3)  Within 45 days after the effective date of this

 4  section, the Governor shall appoint two private-sector members

 5  and two state agency heads for terms of 1 year and one

 6  private-sector member and two agency heads for terms of 2

 7  years. Thereafter, each member shall be appointed for a term

 8  of 2 years. The private-sector members shall serve without

 9  compensation, but are entitled to reimbursement for per diem

10  and travel expenses pursuant to s. 112.061.

11         (4)  A member of the council may not participate in a

12  council review of a business case to outsource if his or her

13  state agency is conducting the proposed outsourcing or, in the

14  case of a private-sector member, if he or she has a business

15  relationship with an entity that is involved or could

16  potentially be involved in the proposed outsourcing.

17         (5)  A member of the council, except the cabinet

18  member, may not delegate his or her membership to a designee.

19         (6)  A quorum shall consist of at least four members,

20  including at least two private-sector members.

21         (7)  Any vacancy on the council shall be filled in the

22  same manner as the original appointment, and any member

23  appointed to fill a vacancy occurring for a reason other than

24  the expiration of a term shall serve only for the unexpired

25  term of the member's predecessor.

26         (8)  The council shall:

27         (a)  Employ a standard process for reviewing

28  outsourcing proposals.

29         (b)  Review and evaluate business cases to outsource as

30  requested by the Governor or the state agency head whose

31  

                                  7

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1  agency is proposing to outsource or as required by ss.

 2  287.0571-287.0574 or by law.

 3         (c)  No later than 30 days before a state agency's

 4  issuance of a solicitation of $10 million or more, provide to

 5  the agency conducting the procurement, the Governor, the

 6  President of the Senate, and the Speaker of the House of

 7  Representatives an advisory report for each business case

 8  reviewed and evaluated by the council. The report must contain

 9  all versions of the business case, an evaluation of the

10  business case, any relevant recommendations, and sufficient

11  information to assist the state agency proposing to outsource

12  in determining whether the business case to outsource should

13  be included with the legislative budget request.

14         (d)  Recommend and implement standard processes for

15  state agency and council review and evaluate state agency

16  business cases to outsource, including templates for use by

17  state agencies in submitting business cases to the council.

18         (e)  Develop standards and best-practice procedures for

19  use by state agencies in evaluating business cases to

20  outsource.

21         (f)  Recommend standards, processes, and guidelines for

22  use by state agencies in developing business cases to

23  outsource.

24         (g)  Recommend incorporation of any lessons learned

25  from outsourcing functions, services, and activities into

26  council standards, procedures, and guidelines, as appropriate,

27  and identifying and disseminating to agencies information

28  regarding best practices in outsourcing efforts.

29         (h)  Develop, in consultation with the Agency for

30  Workforce Innovation, guidelines for assisting state employees

31  whose jobs are eliminated as a result of outsourcing.

                                  8

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1         (i)  Identify and report yearly to the Legislature on

 2  innovative methods of delivering government services which

 3  would improve the efficiency, effectiveness, or competition in

 4  the delivery of government services, including, but not

 5  limited to, enterprise-wide proposals.

 6         (j)  Report to the Legislature, yearly, on the

 7  outsourcing efforts of each state agency. Such reporting shall

 8  include, but need not be limited to, the number of outsourcing

 9  business cases and solicitations generated by each state

10  agency, the number and dollar value of outsourcing contracts

11  by each state agency, and the status of extensions, renewals,

12  and amendments of state agency outsourcing contracts.

13         (9)  The council shall make available to the Governor

14  and the Legislature minutes of all meetings, a summary report

15  on each proposal that describes funding options, including the

16  need for any budget amendments or new appropriations, and an

17  annual report of the activities and recommendations of the

18  council.

19         (10)  The department shall employ an adequate number of

20  staff who collectively possess significant expertise and

21  experience as required to carry out the responsibilities of

22  this act.

23         (11)  The council shall be headed by a director

24  appointed by the secretary.

25         (12)  Each state agency shall submit to the council all

26  information, documents, or other materials required by the

27  council or this chapter.

28         Section 5.  Section 287.0574, Florida Statutes, is

29  created to read:

30         287.0574  Business cases to outsource; review and

31  analysis; requirements.--

                                  9

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1         (1)  A business case to outsource having a projected

 2  cost exceeding $10 million in any fiscal year shall require:

 3         (a)  An initial business case analysis conducted by the

 4  state agency and submitted to the council, the Governor, the

 5  President of the Senate, and the Speaker of the House of

 6  Representatives at least 60 days before a solicitation is

 7  issued. The council shall evaluate the proposal and submit the

 8  evaluation to the state agency, the President of the Senate,

 9  and the Speaker of the House of Representatives when the

10  business case evaluation is completed, but at least 30 days

11  before issuing a solicitation.

12         (b)  A final business case analysis conducted by the

13  state agency and submitted after the conclusion of any

14  negotiations, at least 30 days before execution of a contract,

15  to the council, the Governor, the President of the Senate, and

16  the Speaker of the House of Representatives.

17         (2)  A proposal to outsource having a projected cost

18  that ranges from $1 million to $10 million in any fiscal year

19  shall require:

20         (a)  An initial business case analysis conducted by the

21  state agency and submission of the business case at least 30

22  days before issuing a solicitation to the center, the council,

23  the President of the Senate, and the Speaker of the House of

24  Representatives.

25         (b)  A final business case analysis conducted by the

26  state agency and submitted after the conclusion of any

27  negotiations, at least 30 days before execution of a contract,

28  to the center, the council, the Governor, the President of the

29  Senate, and the Speaker of the House of Representatives.

30         (3)  A business case to outsource having a projected

31  cost that is less than $1 million in any fiscal year shall

                                  10

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1  require a final business case analysis conducted by the state

 2  agency after the conclusion of any negotiations and provided

 3  at least 30 days before execution of a contract to the center

 4  that shall provide such business cases in its annual report to

 5  the Legislature.

 6         (4)  For any proposed outsourcing, the state agency

 7  shall develop a business case that justifies the proposal to

 8  outsource. In order to reduce any administrative burden, the

 9  center may allow a state agency to submit the business case in

10  the form required by the budget instructions issued pursuant

11  to s. 216.023(11), augmented with additional information if

12  necessary, to ensure that the requirements of this section are

13  met. The business case is not subject to challenge or protest

14  pursuant to chapter 120. The business case must include, but

15  need not be limited to:

16         (a)  A detailed description of the service or activity

17  for which the outsourcing is proposed.

18         (b)  A description and analysis of the state agency's

19  current performance, based on existing performance metrics if

20  the state agency is currently performing the service or

21  activity.

22         (c)  The goals desired to be achieved through the

23  proposed outsourcing and the rationale for such goals.

24         (d)  A citation of the existing or proposed legal

25  authority for contracting for outsourcing of the service or

26  activity.

27         (e)  A description of available options for achieving

28  the goals.

29         (f)  An analysis of the advantages and disadvantages of

30  each option, including, at a minimum, potential performance

31  improvements and risks.

                                  11

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1         (g)  A description of the current market for the

 2  contractual services that are under consideration for

 3  outsourcing.

 4         (h)  A cost-benefit analysis documenting the direct and

 5  indirect specific baseline costs, savings, and qualitative and

 6  quantitative benefits involved in or resulting from the

 7  implementation of the recommended option or options. Such

 8  analysis must specify the schedule that, at a minimum, must be

 9  adhered to in order to achieve the estimated savings. All

10  elements of cost must be clearly identified in the

11  cost-benefit analysis, described in the business case, and

12  supported by applicable records and reports. The state agency

13  head shall attest that, based on the data and information

14  underlying the business case, to the best of his or her

15  knowledge, all projected costs, savings, and benefits are

16  valid and achievable. As used in this section, the term "cost"

17  means the reasonable, relevant, and verifiable cost, which may

18  include, but is not limited to, elements such as personnel,

19  materials and supplies, services, equipment, capital

20  depreciation, rent, maintenance and repairs, utilities,

21  insurance, personnel travel, overhead, and interim and final

22  payments. The appropriate elements shall depend on the nature

23  of the specific initiative. As used in this section, the term

24  "savings" means the difference between the direct and indirect

25  actual annual baseline costs compared to the projected annual

26  cost for the contracted functions or responsibilities in any

27  succeeding state fiscal year during the term of the contract.

28         (i)  A description of differences among current state

29  agency policies and processes and, as appropriate, a

30  discussion of options for or a plan to standardize,

31  consolidate, or revise current policies and processes, if any,

                                  12

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1  to reduce the customization of any proposed solution that

 2  would otherwise be required.

 3         (j)  A description of the specific performance

 4  standards that must, at a minimum, be met to ensure adequate

 5  performance.

 6         (k)  The projected timeframe for key events from the

 7  beginning of the procurement process through the expiration of

 8  a contract.

 9         (l)  A plan to ensure compliance with the

10  public-records law.

11         (m)  A specific and feasible contingency plan

12  addressing contractor nonperformance and a description of the

13  tasks involved in and costs required for its implementation.

14         (n)  A state agency's transition plan for addressing

15  changes in the number of agency personnel, affected business

16  processes, employee transition issues, and communication with

17  affected stakeholders, such as agency clients and the public.

18  The transition plan must contain a reemployment and retraining

19  assistance plan for employees who are not retained by the

20  state agency or employed by the contractor.

21         (o)  A plan for ensuring access by persons with

22  disabilities in compliance with applicable state and federal

23  law.

24         (p)  A description of legislative and budgetary actions

25  necessary to accomplish the proposed outsourcing.

26         (5)  In addition to the contract requirements provided

27  in s. 287.058, each contract for a proposed outsourcing must

28  include, but need not be limited to:

29         (a)  A detailed scope of work which clearly specifies

30  each service or deliverable to be provided, including a

31  

                                  13

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1  description of each deliverable or activity that is

 2  quantifiable, measurable, and verifiable.

 3         (b)  A service-level agreement describing all services

 4  to be provided under the terms of the agreement, the state

 5  agency's service requirements and performance objectives, and

 6  specific responsibilities of the state agency and the

 7  contractor.

 8         (c)  Associated costs, specific payment terms and

 9  payment schedules, including incentive and financial

10  disincentive provisions and criteria governing payment.

11         (d)  A clear and specific transition implementation

12  schedule that will be implemented in order to complete all

13  required activities needed to transfer the service or activity

14  from the state agency to the contractor and operate the

15  service or activity successfully.

16         (e)  Clear and specific identification of all required

17  performance standards, which must include, at a minimum:

18         1.  Detailed measurable acceptance criteria for each

19  deliverable and service to be provided to the state agency

20  under the terms of the contract for outsourcing which document

21  the required performance level.

22         2.  A method for monitoring and reporting progress in

23  achieving specified performance standards and levels.

24         3.  The sanctions or disincentives that shall be

25  imposed for nonperformance by the contractor or state agency.

26         (f)  A requirement that the contractor maintain

27  adequate accounting records that comply with all applicable

28  federal and state laws and generally accepted accounting

29  principles.

30         (g)  A requirement authorizing state access to and

31  audit of all records related to the contract or any

                                  14

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1  responsibilities or functions under the contract for state

 2  audit and legislative oversight purposes and a requirement for

 3  service organization audits in accordance with professional

 4  auditing standards, if appropriate.

 5         (h)  A requirement that the contractor interview and

 6  consider for employment with the contractor each displaced

 7  state employee who is interested in such employment.

 8         (i)  A requirement to include a contingency plan that

 9  describes the mechanism for continuing the operation of the

10  service or activity if the contractor fails to perform and

11  comply with the performance standards and levels of the

12  contract and the contract is terminated.

13         Section 6.  Subsection (6) is added to section 287.058,

14  Florida Statutes, to read:

15         287.058  Contract document.--

16         (6)  A contract may not prohibit a contractor from

17  lobbying the executive or legislative branch concerning the

18  scope of services, performance, term, or compensation

19  regarding any contract to which the contractor and a state

20  agency are parties, after contract execution and during the

21  contract term. The provisions of this subsection are

22  supplemental to the provisions of ss. 11.062 and 216.347 and

23  any other law prohibiting the use of state funds for lobbying

24  purposes.

25         Section 7.  Section 287.074, Florida Statutes, is

26  created to read:

27         287.074  Prohibited actions by contracted state

28  employees.--

29         (1)  Only a public officer or a public employee upon

30  whom the public officer has delegated authority shall,

31  

                                  15

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1  consistent with law, take actions, including, but not limited

 2  to:

 3         (a)  Selecting state employees;

 4         (b)  Approving position descriptions, performance

 5  standards, or salary adjustments for state employees; and

 6         (c)  Hiring, promoting, disciplining, demoting, and

 7  dismissing a state employee.

 8         (2)  Only a public officer shall, consistent with law,

 9  commission and appoint state officers.

10         Section 8.  A contractor, as defined in chapter 287,

11  Florida Statutes, or its employees, agents, or subcontractors,

12  may not knowingly participate, through decision, approval,

13  disapproval, or preparation of any part of a purchase request,

14  investigation, or audit, in the procurement of contractual

15  services by a state agency from an entity in which the

16  contractor, or its employees, agents, or subcontractors, has a

17  material interest.

18         Section 9.  Section 14.203, Florida Statutes, is

19  repealed.

20         Section 10.  For the 2006-2007 fiscal year, the sum of

21  $1.25 million in recurring funds from the General Revenue Fund

22  in a qualified expenditure category is appropriated and 10

23  full-time equivalent positions are authorized to the

24  Department of Management Services to carry out the activities

25  of the Council on Efficient Government as provided in this

26  act.

27         Section 11.  The Department of Management Services may

28  implement a program to train state agency employees who are

29  involved in managing outsourcings as Project Management

30  Professionals, as certified by the Project Management

31  Institute. For the 2006-2007 fiscal year, the sum of $500,000

                                  16

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






    Florida Senate - 2006                                  SB 2518
    3-1590B-06




 1  in recurring funds from the General Revenue Fund is

 2  appropriated to the Department of Management Services to

 3  implement this program. The Department of Management Services,

 4  in consultation with entities subject to this act, shall

 5  identify personnel to participate in this training based on

 6  requested need and ensure that each agency is represented. The

 7  Department of Management Services may remit payment for this

 8  training on behalf of all participating personnel.

 9         Section 12.  Notwithstanding any law to the contrary, a

10  state agency under the individual control of the Attorney

11  General, the Chief Financial Officer, or the Commissioner of

12  Agriculture are subject to this act.

13         Section 13.  This act shall take effect upon becoming a

14  law.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Creates the Florida Efficient Government Act. Prohibits a
      state agency from renewing or amending a contract for
19    outsourcing under certain conditions. Requires certain
      qualifications for persons chosen to conduct negotiations
20    during specified procurements. Requires a specified
      statement in procurements of commodities and services
21    that prohibit contact between respondents and specified
      employees of the executive and legislative branches of
22    state government. Provides restrictions on contractor
      involvement in the procurement of certain contractual
23    services. Provides that procurements of specified
      commodities and services are not subject to the act.
24    Creates the Council on Efficient Government. Provides
      requirements for certain proposals to outsource by a
25    state agency. Requires a state agency to develop a
      business case that describes and analyzes a contractual
26    services procurement under consideration. Provides
      required components of a business case. Provides contract
27    requirements for an outsourcing procurement. Provides
      that a contract may not prohibit a contractor from
28    lobbying the executive or legislative branches concerning
      specified contract issues, within specified timelines.
29    Prohibits a contractor from participating in the
      procurement of contractual services by a state agency.
30    Provides appropriations. (See bill for details.)

31  

                                  17

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