Florida Senate - 2014                                     SB 914
       By Senator Latvala
       20-01398-14                                            2014914__
    1                        A bill to be entitled                      
    2         An act relating to state contracting; amending s.
    3         287.057, F.S.; revising the criteria for evaluating a
    4         proposal to include consideration of prior relevant
    5         experience of the vendor; revising the criteria for
    6         evaluating a response to an agency’s invitation to
    7         negotiate to include consideration of prior relevant
    8         experience of the vendor; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Subsection (1) of section 287.057, Florida
   13  Statutes, is amended to read:
   14         287.057 Procurement of commodities or contractual
   15  services.—
   16         (1) The competitive solicitation processes authorized in
   17  this section shall be used for procurement of commodities or
   18  contractual services in excess of the threshold amount provided
   19  for CATEGORY TWO in s. 287.017. Any competitive solicitation
   20  shall be made available simultaneously to all vendors, must
   21  include the time and date for the receipt of bids, proposals, or
   22  replies and of the public opening, and must include all
   23  contractual terms and conditions applicable to the procurement,
   24  including the criteria to be used in determining acceptability
   25  and relative merit of the bid, proposal, or reply.
   26         (a) Invitation to bid.—The invitation to bid shall be used
   27  when the agency is capable of specifically defining the scope of
   28  work for which a contractual service is required or when the
   29  agency is capable of establishing precise specifications
   30  defining the actual commodity or group of commodities required.
   31         1. All invitations to bid must include:
   32         a. A detailed description of the commodities or contractual
   33  services sought; and
   34         b. If the agency contemplates renewal of the contract, a
   35  statement to that effect.
   36         2. Bids submitted in response to an invitation to bid in
   37  which the agency contemplates renewal of the contract must
   38  include the price for each year for which the contract may be
   39  renewed.
   40         3. Evaluation of bids must include consideration of the
   41  total cost for each year of the contract, including renewal
   42  years, as submitted by the vendor.
   43         4. The contract shall be awarded to the responsible and
   44  responsive vendor who submits the lowest responsive bid.
   45         (b) Request for proposals.—An agency shall use a request
   46  for proposals when the purposes and uses for which the
   47  commodity, group of commodities, or contractual service being
   48  sought can be specifically defined and the agency is capable of
   49  identifying necessary deliverables. Various combinations or
   50  versions of commodities or contractual services may be proposed
   51  by a responsive vendor to meet the specifications of the
   52  solicitation document.
   53         1. Before issuing a request for proposals, the agency must
   54  determine and specify in writing the reasons that procurement by
   55  invitation to bid is not practicable.
   56         2. All requests for proposals must include:
   57         a. A statement describing the commodities or contractual
   58  services sought;
   59         b. The relative importance of price and other evaluation
   60  criteria; and
   61         c. If the agency contemplates renewal of the contract, a
   62  statement to that effect.
   63         3. Criteria that will be used for evaluation of proposals
   64  must shall include, but are not limited to:
   65         a. Price, which must be specified in the proposal;
   66         b. If the agency contemplates renewal of the contract, the
   67  price for each year for which the contract may be renewed; and
   68         c. Consideration of the total cost for each year of the
   69  contract, including renewal years, as submitted by the vendor;
   70  and.
   71         d. Consideration of prior relevant experience of the
   72  vendor.
   73         4. The contract shall be awarded by written notice to the
   74  responsible and responsive vendor whose proposal is determined
   75  in writing to be the most advantageous to the state, taking into
   76  consideration the price and other criteria set forth in the
   77  request for proposals. The contract file shall contain
   78  documentation supporting the basis on which the award is made.
   79         (c) Invitation to negotiate.—The invitation to negotiate is
   80  a solicitation used by an agency which is intended to determine
   81  the best method for achieving a specific goal or solving a
   82  particular problem and identifies one or more responsive vendors
   83  with which the agency may negotiate in order to receive the best
   84  value.
   85         1. Before issuing an invitation to negotiate, the head of
   86  an agency must determine and specify in writing the reasons that
   87  procurement by an invitation to bid or a request for proposal is
   88  not practicable.
   89         2. The invitation to negotiate must describe the questions
   90  being explored, the facts being sought, and the specific goals
   91  or problems that are the subject of the solicitation.
   92         3. The criteria that will be used for determining the
   93  acceptability of the reply and guiding the selection of the
   94  vendors with which the agency will negotiate must be specified.
   95  The evaluation criteria must include consideration of prior
   96  relevant experience of the vendor.
   97         4. The agency shall evaluate replies against all evaluation
   98  criteria set forth in the invitation to negotiate in order to
   99  establish a competitive range of replies reasonably susceptible
  100  of award. The agency may select one or more vendors within the
  101  competitive range with which to commence negotiations. After
  102  negotiations are conducted, the agency shall award the contract
  103  to the responsible and responsive vendor that the agency
  104  determines will provide the best value to the state, based on
  105  the selection criteria.
  106         5. The contract file for a vendor selected through an
  107  invitation to negotiate must contain a short plain statement
  108  that explains the basis for the selection of the vendor and that
  109  sets forth the vendor’s deliverables and price, pursuant to the
  110  contract, along with an explanation of how these deliverables
  111  and price provide the best value to the state.
  112         Section 2. This act shall take effect July 1, 2014.