1 | A bill to be entitled |
2 | An act relating to state contracts; amending s. |
3 | 287.058, F.S.; requiring all state contracts of more |
4 | than a certain amount to require any call-center |
5 | services to be staffed by persons located within the |
6 | United States; providing an effective date. |
7 |
|
8 | Be It Enacted by the Legislature of the State of Florida: |
9 |
|
10 | Section 1. Subsection (1) of section 287.058, Florida |
11 | Statutes, is amended to read: |
12 | 287.058 Contract document.- |
13 | (1) A Every procurement of contractual services in excess |
14 | of the threshold amount provided under in s. 287.017 for |
15 | CATEGORY TWO, except for the providing of health and mental |
16 | health services or drugs in the examination, diagnosis, or |
17 | treatment of sick or injured state employees or the providing of |
18 | other benefits as required by the provisions of chapter 440, |
19 | must shall be evidenced by a written agreement embodying all |
20 | provisions and conditions for of the procurement of such |
21 | services, which shall, where applicable, must include, but need |
22 | not be limited to, a provision: |
23 | (a) Providing that bills for fees or other compensation |
24 | for services or expenses be submitted in detail sufficient for a |
25 | proper preaudit and postaudit thereof. |
26 | (b) Providing that bills for any travel expenses be |
27 | submitted in accordance with s. 112.061. A state agency may |
28 | establish rates lower than the maximum provided in s. 112.061. |
29 | (c) Specifying that all call-center services provided |
30 | pursuant to the contract be staffed by persons located within |
31 | the United States. This also applies to all call-center services |
32 | performed by a subcontractor pursuant to the contract. |
33 | (d)(c) Allowing unilateral cancellation by the agency for |
34 | refusal by the contractor to allow public access to all |
35 | documents, papers, letters, or other material made or received |
36 | by the contractor in conjunction with the contract, unless the |
37 | records are exempt from s. 24(a) of Art. I of the State |
38 | Constitution and s. 119.07(1). |
39 | (e)(d) Specifying a scope of work which that clearly |
40 | establishes all tasks the contractor is required to perform. |
41 | (f)(e) Dividing the contract into quantifiable, |
42 | measurable, and verifiable units of deliverables which that must |
43 | be received and accepted in writing by the contract manager |
44 | before payment. Each deliverable must be directly related to the |
45 | scope of work and specify the required minimum level of service |
46 | to be performed and criteria for evaluating the successful |
47 | completion of each deliverable. |
48 | (g)(f) Specifying the criteria and the final date by which |
49 | such criteria must be met for completion of the contract. |
50 | (h)(g) Specifying that the contract may be renewed for up |
51 | to a period that may not exceed 3 years or the term of the |
52 | original contract, whichever period is longer, specifying the |
53 | renewal price for the contractual service as set forth in the |
54 | bid, proposal, or reply, specifying that costs for the renewal |
55 | may not be charged, and specifying that renewals are shall be |
56 | contingent upon satisfactory performance evaluations by the |
57 | agency and subject to the availability of funds. Exceptional |
58 | purchase contracts pursuant to s. 287.057(3)(a) and (c) may not |
59 | be renewed. |
60 | (i)(h) Specifying the financial consequences that the |
61 | agency must apply if the contractor fails to perform in |
62 | accordance with the contract. |
63 | (j)(i) Addressing the property rights of any intellectual |
64 | property related to the contract and the specific rights of the |
65 | state regarding the intellectual property if the contractor |
66 | fails to provide the services or is no longer providing |
67 | services. |
68 |
|
69 | In lieu of a written agreement, the department may authorize the |
70 | use of a purchase order for classes of contractual services, if |
71 | the provisions of paragraphs (a)-(j) (a)-(i) are included in the |
72 | purchase order or solicitation. The purchase order must include, |
73 | but need not be limited to, an adequate description of the |
74 | services, the contract period, and the method of payment. In |
75 | lieu of printing the provisions of paragraphs (a)-(j) (a)-(i) in |
76 | the contract document or purchase order, agencies may |
77 | incorporate the requirements of those paragraphs (a)-(i) by |
78 | reference. |
79 | Section 2. This act shall take effect July 1, 2012. |