Florida Senate - 2013 SB 90
By Senator Smith
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 call-center services
5 to be staffed by persons located within the United
6 States; providing an effective date.
8 Be It Enacted by the Legislature of the State of Florida:
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 for
24 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, measurable,
42 and verifiable units of deliverables which that must be received
43 and accepted in writing by the contract manager before payment.
44 Each deliverable must be directly related to the scope of work
45 and specify the required minimum level of service to be
46 performed and criteria for evaluating the successful completion
47 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
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
79 Section 2. This act shall take effect July 1, 2013.