| 1 | A bill to be entitled |
| 2 | An act relating to the procurement of professional |
| 3 | architectural, engineering, landscape architectural, |
| 4 | or surveying and mapping services; amending s. |
| 5 | 287.055, F.S.; revising the definition of "continuing |
| 6 | contract," and defining "best value selection"; |
| 7 | clarifying provisions with respect to selection of |
| 8 | firms by an agency under the competitive selection |
| 9 | process; providing that an agency has the right to |
| 10 | reject any or all submissions received in response to |
| 11 | a public announcement under the competitive selection |
| 12 | process; authorizing an agency to award contracts to |
| 13 | multiple firms under the competitive negotiation |
| 14 | process; providing for a best value selection process; |
| 15 | requiring agencies to adopt rules governing the use of |
| 16 | the process; providing minimum requirements with |
| 17 | respect to best value selection procedures; providing |
| 18 | an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Paragraph (g) of subsection (2) of section |
| 23 | 287.055, Florida Statutes, is amended, and paragraph (m) is |
| 24 | added to that subsection, paragraph (b) of subsection (4) is |
| 25 | amended, and paragraph (e) is added to that subsection, |
| 26 | paragraph (d) is added to subsection (5), subsections (6) |
| 27 | through (11) are renumbered as subsections (7) through (12), |
| 28 | respectively, and a new subsection (6) is added to that section, |
| 29 | to read: |
| 30 | 287.055 Acquisition of professional architectural, |
| 31 | engineering, landscape architectural, or surveying and mapping |
| 32 | services; definitions; procedures; contingent fees prohibited; |
| 33 | penalties.- |
| 34 | (2) DEFINITIONS.-For purposes of this section: |
| 35 | (g) A "continuing contract" is a contract for professional |
| 36 | services entered into in accordance with all the procedures of |
| 37 | this act between an agency and a firm whereby the firm provides |
| 38 | professional services to the agency for projects in which the |
| 39 | estimated construction cost of each individual project under the |
| 40 | contract does not exceed $2 million, for study activity if the |
| 41 | fee for professional services for each individual study under |
| 42 | the contract does not exceed $200,000, or for work of a |
| 43 | specified nature as outlined in the contract required by the |
| 44 | agency, with the contract having being for a fixed term or with |
| 45 | no time limitation, except that the contract must provide a |
| 46 | termination clause. Firms providing professional services under |
| 47 | continuing contracts shall not be required to bid against one |
| 48 | another. |
| 49 | (m) "Best value selection" means the selection of a firm |
| 50 | or firms whose proposal provides the greatest overall benefit to |
| 51 | an agency in accordance with the requirements of a formal |
| 52 | solicitation. |
| 53 | (4) COMPETITIVE SELECTION.- |
| 54 | (b) The agency shall select in order of preference no |
| 55 | fewer than three firms deemed to be the most highly qualified to |
| 56 | perform the required services, except in instances where fewer |
| 57 | than three firms respond to the public announcement. In |
| 58 | determining whether a firm is qualified, the agency shall |
| 59 | consider such factors as the ability of professional personnel; |
| 60 | whether a firm is a certified minority business enterprise; past |
| 61 | performance; willingness to meet time and budget requirements; |
| 62 | location; recent, current, and projected workloads of the firms; |
| 63 | and the volume of work previously awarded to each firm by the |
| 64 | agency, with the object of effecting an equitable distribution |
| 65 | of contracts among qualified firms, provided such distribution |
| 66 | does not violate the principle of selection of the most highly |
| 67 | qualified firms. The agency may request, accept, and consider |
| 68 | proposals for the compensation to be paid under the contract |
| 69 | only during competitive negotiations under subsection (5). |
| 70 | (e) The agency shall have the right to reject any or all |
| 71 | submissions received in response to the public announcement. |
| 72 | (5) COMPETITIVE NEGOTIATION.- |
| 73 | (d) The agency may, in its discretion, award contracts to |
| 74 | multiple firms. |
| 75 | (6) BEST VALUE SELECTION PROCESS.- |
| 76 | (a) An agency may, at its discretion, purchase |
| 77 | professional services utilizing a best value selection process, |
| 78 | subject to requirements provided in this subsection. The agency |
| 79 | shall make such purchases in accordance with this chapter and |
| 80 | rules applicable to the agency. |
| 81 | (b) Each agency shall adopt rules governing the use of the |
| 82 | best value selection process in choosing a firm or firms. |
| 83 | Procedures for the use of the best value selection process must |
| 84 | include, at a minimum: |
| 85 | 1. The preparation and distribution of a public |
| 86 | solicitation consistent with the requirements of subsection (3). |
| 87 | The public solicitation shall contain the criteria, procedures, |
| 88 | and standards for the evaluation of proposals considered under |
| 89 | subparagraph 3. |
| 90 | 2. The initial evaluation of proposals received in |
| 91 | accordance with the requirements of paragraph (4)(a). |
| 92 | 3. A two-stage selection process which shall, at a |
| 93 | minimum, adhere to the following procedures and requirements: |
| 94 | a. Except as otherwise provided in this section, under the |
| 95 | initial stage of the selection process, competing firms shall be |
| 96 | evaluated using the criteria set forth in paragraph (4)(b) and |
| 97 | the agency shall select a firm or firms based on the |
| 98 | evaluations. Proposals for compensation to be paid under the |
| 99 | contract may not be solicited or accepted during this stage of |
| 100 | the process. |
| 101 | b. Under the second stage of the process, the firms |
| 102 | selected shall be asked to submit a compensation proposal for |
| 103 | the proposed work. The proposal shall be evaluated along with |
| 104 | the information obtained under sub-subparagraph a. and any other |
| 105 | information the agency chooses to request with the compensation |
| 106 | proposal to make a best value selection. |
| 107 | 4. A requirement that the criterion pertaining to |
| 108 | compensation may not exceed 50 percent of the total weight of |
| 109 | the published evaluation criteria. |
| 110 | 5. Authority of an agency head to negotiate with the best |
| 111 | firm available in the event of a declared state of emergency |
| 112 | pursuant to s. 252.36. |
| 113 | Section 2. This act shall take effect July 1, 2012. |