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. |