HB 649

A bill to be entitled
2An act relating to state contracts; amending s.
3287.058, F.S.; requiring all state contracts of more
4than a certain amount to require any call-center
5services to be staffed by persons located within the
6United States; providing an effective date.
8Be It Enacted by the Legislature of the State of Florida:
10     Section 1.  Subsection (1) of section 287.058, Florida
11Statutes, is amended to read:
12     287.058  Contract document.-
13     (1)  A Every procurement of contractual services in excess
14of the threshold amount provided under in s. 287.017 for
15CATEGORY TWO, except for the providing of health and mental
16health services or drugs in the examination, diagnosis, or
17treatment of sick or injured state employees or the providing of
18other benefits as required by the provisions of chapter 440,
19must shall be evidenced by a written agreement embodying all
20provisions and conditions for of the procurement of such
21services, which shall, where applicable, must include, but need
22not be limited to, a provision:
23     (a)  Providing that bills for fees or other compensation
24for services or expenses be submitted in detail sufficient for a
25proper preaudit and postaudit thereof.
26     (b)  Providing that bills for any travel expenses be
27submitted in accordance with s. 112.061. A state agency may
28establish rates lower than the maximum provided in s. 112.061.
29     (c)  Specifying that all call-center services provided
30pursuant to the contract be staffed by persons located within
31the United States. This also applies to all call-center services
32performed by a subcontractor pursuant to the contract.
33     (d)(c)  Allowing unilateral cancellation by the agency for
34refusal by the contractor to allow public access to all
35documents, papers, letters, or other material made or received
36by the contractor in conjunction with the contract, unless the
37records are exempt from s. 24(a) of Art. I of the State
38Constitution and s. 119.07(1).
39     (e)(d)  Specifying a scope of work which that clearly
40establishes all tasks the contractor is required to perform.
41     (f)(e)  Dividing the contract into quantifiable,
42measurable, and verifiable units of deliverables which that must
43be received and accepted in writing by the contract manager
44before payment. Each deliverable must be directly related to the
45scope of work and specify the required minimum level of service
46to be performed and criteria for evaluating the successful
47completion of each deliverable.
48     (g)(f)  Specifying the criteria and the final date by which
49such criteria must be met for completion of the contract.
50     (h)(g)  Specifying that the contract may be renewed for up
51to a period that may not exceed 3 years or the term of the
52original contract, whichever period is longer, specifying the
53renewal price for the contractual service as set forth in the
54bid, proposal, or reply, specifying that costs for the renewal
55may not be charged, and specifying that renewals are shall be
56contingent upon satisfactory performance evaluations by the
57agency and subject to the availability of funds. Exceptional
58purchase contracts pursuant to s. 287.057(3)(a) and (c) may not
59be renewed.
60     (i)(h)  Specifying the financial consequences that the
61agency must apply if the contractor fails to perform in
62accordance with the contract.
63     (j)(i)  Addressing the property rights of any intellectual
64property related to the contract and the specific rights of the
65state regarding the intellectual property if the contractor
66fails to provide the services or is no longer providing
69In lieu of a written agreement, the department may authorize the
70use of a purchase order for classes of contractual services, if
71the provisions of paragraphs (a)-(j) (a)-(i) are included in the
72purchase order or solicitation. The purchase order must include,
73but need not be limited to, an adequate description of the
74services, the contract period, and the method of payment. In
75lieu of printing the provisions of paragraphs (a)-(j) (a)-(i) in
76the contract document or purchase order, agencies may
77incorporate the requirements of those paragraphs (a)-(i) by
79     Section 2.  This act shall take effect July 1, 2012.

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