HB 135

1
A bill to be entitled
2An act relating to the procurement of architectural,
3engineering, and other professional services by a
4governmental agency or school board; amending s. 287.055,
5F.S.; allowing compensation to be a considering factor
6during the competitive selection process for professional
7services; authorizing the agency or board to reopen
8negotiations with a selected firm following termination of
9negotiations with other firms; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsections (4) and (5) of section 287.055,
15Florida Statutes, are amended to read:
16     287.055  Acquisition of professional architectural,
17engineering, landscape architectural, or surveying and mapping
18services; definitions; procedures; contingent fees prohibited;
19penalties.-
20     (4)  COMPETITIVE SELECTION.-
21     (a)  For each proposed project, the agency shall evaluate
22current statements of qualifications and performance data on
23file with the agency, together with those that may be submitted
24by other firms regarding the proposed project, and shall conduct
25discussions with, and may require public presentations by, no
26fewer than three firms regarding their qualifications, approach
27to the project, and ability to furnish the required services.
28     (b)  The agency shall select in order of preference no
29fewer than three firms deemed to be the most highly qualified to
30perform the required services. In determining whether a firm is
31qualified, the agency shall consider such factors as the ability
32of professional personnel; whether a firm is a certified
33minority business enterprise; past performance; willingness to
34meet time and budget requirements; location; recent, current,
35and projected workloads of the firms; and the volume of work
36previously awarded to each firm by the agency, with the object
37of effecting an equitable distribution of contracts among
38qualified firms, provided such distribution does not violate the
39principle of selection of the most highly qualified firms. The
40agency may request, accept, and consider proposals for the
41compensation to be paid under the contract only during
42competitive negotiations under subsection (5).
43     (c)  This subsection does not apply to a professional
44service contract for a project the basic construction cost of
45which is estimated by the agency to be not in excess of the
46threshold amount provided in s. 287.017 for CATEGORY FIVE or for
47a planning or study activity when the fee for professional
48services is not in excess of the threshold amount provided in s.
49287.017 for CATEGORY TWO. However, if, in using another
50procurement process, the majority of the compensation proposed
51by firms is in excess of the appropriate threshold amount, the
52agency shall reject all proposals and reinitiate the procurement
53pursuant to this subsection.
54     (d)  Nothing in This section does not act shall be
55construed to prohibit a continuing contract between a firm and
56an agency.
57     (5)  COMPETITIVE NEGOTIATION.-
58     (a)  The agency shall negotiate a contract with the most
59qualified firm for professional services at compensation which
60the agency determines is fair, competitive, and reasonable. In
61making such determination, the agency shall conduct a detailed
62analysis of the cost of the professional services required in
63addition to considering their scope and complexity. For any
64lump-sum or cost-plus-a-fixed-fee professional service contract
65over the threshold amount provided in s. 287.017 for CATEGORY
66FOUR, the agency shall require the firm receiving the award to
67execute a truth-in-negotiation certificate stating that wage
68rates and other factual unit costs supporting the compensation
69are accurate, complete, and current at the time of contracting.
70Any professional service contract under which such a certificate
71is required must contain a provision that the original contract
72price and any additions thereto will be adjusted to exclude any
73significant sums by which the agency determines the contract
74price was increased due to inaccurate, incomplete, or noncurrent
75wage rates and other factual unit costs. All such contract
76adjustments must be made within 1 year following the end of the
77contract.
78     (b)  Should the agency be unable to negotiate a
79satisfactory contract with the firm considered to be the most
80qualified at a price the agency determines to be fair,
81competitive, and reasonable, negotiations with that firm must be
82formally terminated. The agency shall then undertake
83negotiations with the second most qualified firm. Failing accord
84with the second most qualified firm, the agency must terminate
85negotiations. The agency may shall then undertake negotiations
86with the third most qualified firm. The agency may reopen
87negotiations with any selected firm upon terminating
88negotiations with another selected firm.
89     (c)  Should the agency be unable to negotiate a
90satisfactory contract with any of the selected firms, the agency
91shall select additional firms in the order of their competence
92and qualification and continue negotiations in accordance with
93this subsection until an agreement is reached.
94     Section 2.  This act shall take effect July 1, 2011.


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