Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. PCS (434036) for CS for SB 1044 Ì237142}Î237142 LEGISLATIVE ACTION Senate . House Comm: WD . 04/19/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Lee) recommended the following: 1 Senate Amendment to Amendment (424768) (with title 2 amendment) 3 4 Between lines 55 and 56 5 insert: 6 Section 4. Section 337.1101, Florida Statutes, is created 7 to read: 8 337.1101 Contracting and procurement authority of the 9 department; settlements; notification required.— 10 (1) When the department, or any entity or enterprise within 11 the department, determines that it is in the best interest of 12 the public to resolve a protest filed in accordance with s. 13 120.57(3) of the award of a contract being procured pursuant to 14 s. 337.11 or related to the purchase of personal property or 15 contractual services being procured pursuant to s. 287.057, 16 through a settlement that requires the department to pay a 17 nonselected responsive bidder a total sum of $1 million or more, 18 including any amount paid pursuant to s. 334.049, s. 337.11(8), 19 or any other law, the department must: 20 (a) Document in a written memorandum by the secretary, 21 which shall be finalized not later than the date of notification 22 of such settlement required pursuant to paragraph (b), the 23 specific reasons that such settlement and payment to a 24 nonselected responsive bidder is in the best interest of the 25 state in lieu of resoliciting competitive sealed bids, 26 proposals, or replies. The written memorandum must be included 27 and maintained in the department’s permanent files concerning 28 the procurement and must include: 29 1. A detailed description of the property rights, patent 30 rights, copyrights, or trademarks that the department will 31 acquire as a result of such settlement; 32 2. A detailed description of the analysis undertaken by the 33 department of the proposal development costs and the anticipated 34 degree of engineering design or other design work undertaken by 35 the responsive bidder to which the department will obtain and 36 retain the right to use from the nonselected responsive bidder 37 or design-build firm; 38 3. The department’s cost-benefit analysis demonstrating 39 that the payment provides value to the department and is in the 40 best interests of the state; 41 4. The specific appropriation in the existing General 42 Appropriations Act which the department intends to use to 43 provide such payment; and 44 5. The specific detailed reasons why the selected 45 responsive bidder should not be responsible for the entire 46 payment to the nonselected nonresponsive bidder or design-build 47 firm. 48 (b) Provide prior written notification to the President of 49 the Senate, the Speaker of the House of Representatives, the 50 Senate and House of Representatives minority leaders, the chair 51 and vice-chair of the Legislative Budget Commission, and the 52 Attorney General at least 5 business days, or as soon thereafter 53 as practicable, before the department makes the settlement 54 agreement final. Such written notification must include the 55 written memorandum required pursuant to paragraph (a). 56 (c) Provide, at the time settlement discussions regarding 57 any such payment have begun in earnest, written notification of 58 such discussions to the President of the Senate, the Speaker of 59 the House of Representatives, the Senate and House of 60 Representatives minority leaders, the chair and vice-chair of 61 the Legislative Budget Commission, and the Attorney General. The 62 written notification required pursuant to this paragraph must 63 describe the procurement to which the proposed settlement 64 payment relates, the range of the proposed payments involved, 65 the specific appropriation in the General Appropriations Act 66 which will be used to make the proposed payment, and a summary 67 of the specific reasons the department has for considering such 68 payment. 69 (2) The department may not pledge any current or future 70 action by another branch of state government as a condition of 71 any procurement action. Any settlement that commits the state to 72 spending any amount in excess of current appropriations, to the 73 appropriation of funds in a subsequent fiscal year, or to policy 74 changes inconsistent with current state law must be contingent 75 upon and subject to legislative appropriation or statutory 76 amendment. The department may agree to use its efforts to 77 procure legislative funding or statutory amendments. 78 79 ================= T I T L E A M E N D M E N T ================ 80 And the title is amended as follows: 81 Delete line 233 82 and insert: 83 increases; amending s. 337.1101, F.S.; specifying 84 requirements for the department when the department or 85 any entity or enterprise within the department 86 determines that it is in the best interest of the 87 public to resolve a certain protest of the award of a 88 certain contract; providing requirements for a certain 89 memorandum; providing requirements for certain 90 notifications; prohibiting the department from 91 pledging any current or future action by another 92 branch of state government as a condition of any 93 procurement action; requiring certain settlements to 94 be contingent upon and subject to legislative 95 appropriation or statutory amendment; authorizing the 96 department to agree to use its efforts to procure 97 legislative funding or statutory amendments; amending 98 s. 337.14, F.S.; requiring that