| 1 | A bill to be entitled |
| 2 | An act relating to the procurement of architectural, |
| 3 | engineering, and other professional services by a |
| 4 | governmental agency or school board; amending s. 287.055, |
| 5 | F.S.; allowing compensation to be a considering factor |
| 6 | during the competitive selection process for professional |
| 7 | services; authorizing the agency or board to reopen |
| 8 | negotiations with a selected firm following termination of |
| 9 | negotiations with other firms; providing an effective |
| 10 | date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsections (4) and (5) of section 287.055, |
| 15 | Florida Statutes, are amended to read: |
| 16 | 287.055 Acquisition of professional architectural, |
| 17 | engineering, landscape architectural, or surveying and mapping |
| 18 | services; definitions; procedures; contingent fees prohibited; |
| 19 | penalties.- |
| 20 | (4) COMPETITIVE SELECTION.- |
| 21 | (a) For each proposed project, the agency shall evaluate |
| 22 | current statements of qualifications and performance data on |
| 23 | file with the agency, together with those that may be submitted |
| 24 | by other firms regarding the proposed project, and shall conduct |
| 25 | discussions with, and may require public presentations by, no |
| 26 | fewer than three firms regarding their qualifications, approach |
| 27 | to the project, and ability to furnish the required services. |
| 28 | (b) The agency shall select in order of preference no |
| 29 | fewer than three firms deemed to be the most highly qualified to |
| 30 | perform the required services. In determining whether a firm is |
| 31 | qualified, the agency shall consider such factors as the ability |
| 32 | of professional personnel; whether a firm is a certified |
| 33 | minority business enterprise; past performance; willingness to |
| 34 | meet time and budget requirements; location; recent, current, |
| 35 | and projected workloads of the firms; and the volume of work |
| 36 | previously awarded to each firm by the agency, with the object |
| 37 | of effecting an equitable distribution of contracts among |
| 38 | qualified firms, provided such distribution does not violate the |
| 39 | principle of selection of the most highly qualified firms. The |
| 40 | agency may request, accept, and consider proposals for the |
| 41 | compensation to be paid under the contract only during |
| 42 | competitive negotiations under subsection (5). |
| 43 | (c) This subsection does not apply to a professional |
| 44 | service contract for a project the basic construction cost of |
| 45 | which is estimated by the agency to be not in excess of the |
| 46 | threshold amount provided in s. 287.017 for CATEGORY FIVE or for |
| 47 | a planning or study activity when the fee for professional |
| 48 | services is not in excess of the threshold amount provided in s. |
| 49 | 287.017 for CATEGORY TWO. However, if, in using another |
| 50 | procurement process, the majority of the compensation proposed |
| 51 | by firms is in excess of the appropriate threshold amount, the |
| 52 | agency shall reject all proposals and reinitiate the procurement |
| 53 | pursuant to this subsection. |
| 54 | (d) Nothing in This section does not act shall be |
| 55 | construed to prohibit a continuing contract between a firm and |
| 56 | an agency. |
| 57 | (5) COMPETITIVE NEGOTIATION.- |
| 58 | (a) The agency shall negotiate a contract with the most |
| 59 | qualified firm for professional services at compensation which |
| 60 | the agency determines is fair, competitive, and reasonable. In |
| 61 | making such determination, the agency shall conduct a detailed |
| 62 | analysis of the cost of the professional services required in |
| 63 | addition to considering their scope and complexity. For any |
| 64 | lump-sum or cost-plus-a-fixed-fee professional service contract |
| 65 | over the threshold amount provided in s. 287.017 for CATEGORY |
| 66 | FOUR, the agency shall require the firm receiving the award to |
| 67 | execute a truth-in-negotiation certificate stating that wage |
| 68 | rates and other factual unit costs supporting the compensation |
| 69 | are accurate, complete, and current at the time of contracting. |
| 70 | Any professional service contract under which such a certificate |
| 71 | is required must contain a provision that the original contract |
| 72 | price and any additions thereto will be adjusted to exclude any |
| 73 | significant sums by which the agency determines the contract |
| 74 | price was increased due to inaccurate, incomplete, or noncurrent |
| 75 | wage rates and other factual unit costs. All such contract |
| 76 | adjustments must be made within 1 year following the end of the |
| 77 | contract. |
| 78 | (b) Should the agency be unable to negotiate a |
| 79 | satisfactory contract with the firm considered to be the most |
| 80 | qualified at a price the agency determines to be fair, |
| 81 | competitive, and reasonable, negotiations with that firm must be |
| 82 | formally terminated. The agency shall then undertake |
| 83 | negotiations with the second most qualified firm. Failing accord |
| 84 | with the second most qualified firm, the agency must terminate |
| 85 | negotiations. The agency may shall then undertake negotiations |
| 86 | with the third most qualified firm. The agency may reopen |
| 87 | negotiations with any selected firm upon terminating |
| 88 | negotiations with another selected firm. |
| 89 | (c) Should the agency be unable to negotiate a |
| 90 | satisfactory contract with any of the selected firms, the agency |
| 91 | shall select additional firms in the order of their competence |
| 92 | and qualification and continue negotiations in accordance with |
| 93 | this subsection until an agreement is reached. |
| 94 | Section 2. This act shall take effect July 1, 2011. |