Florida Senate - 2013                                      SB 90
       By Senator Smith
       31-00170-13                                             201390__
    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
   67  services.
   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, 2013.