| 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 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 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 |
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| 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. |