Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for SB 7068 Ì391488UÎ391488 LEGISLATIVE ACTION Senate . House . . . Floor: 4/AD/2R . 04/23/2019 12:16 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Lee moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 693 and 694 4 insert: 5 Section 6. Section 337.1101, Florida Statutes, is created 6 to read: 7 337.1101 Contracting and procurement authority of the 8 department; settlements; notification required.— 9 (1) When the department, or any entity or enterprise within 10 the department, determines that it is in the best interest of 11 the public to resolve a protest filed in accordance with s. 12 120.57(3) of the award of a contract being procured pursuant to 13 s. 337.11 or related to the purchase of personal property or 14 contractual services being procured pursuant to s. 287.057, 15 through a settlement that requires the department to pay a 16 nonselected responsive bidder a total sum of $1 million or more, 17 including any amount paid pursuant to s. 334.049, s. 337.11(8), 18 or any other law, the department must: 19 (a) Document in a written memorandum by the secretary, 20 which must be finalized not later than the date of notification 21 of such settlement required pursuant to paragraph (b), the 22 specific reasons that such settlement and payment to a 23 nonselected responsive bidder is in the best interest of the 24 state in lieu of resoliciting competitive sealed bids, 25 proposals, or replies. The written memorandum must be included 26 and maintained in the department’s permanent files concerning 27 the procurement and must include: 28 1. A detailed description of the property rights, patent 29 rights, copyrights, or trademarks that the department will 30 acquire as a result of such settlement; 31 2. A detailed description of the analysis undertaken by the 32 department of the proposal development costs and the anticipated 33 degree of engineering design or other design work undertaken by 34 the responsive bidder to which the department will obtain and 35 retain the right to use from the nonselected responsive bidder 36 or design-build firm; 37 3. The department’s cost-benefit analysis demonstrating 38 that the payment provides value to the department and is in the 39 best interests of the state; 40 4. The specific appropriation in the existing General 41 Appropriations Act which the department intends to use to 42 provide such payment; and 43 5. The specific detailed reasons why the selected 44 responsive bidder should not be responsible for the entire 45 payment to the nonselected nonresponsive bidder or design-build 46 firm. 47 (b) Provide prior written notification to the President of 48 the Senate, the Speaker of the House of Representatives, the 49 Senate and House of Representatives minority leaders, the chair 50 and vice chair of the Legislative Budget Commission, and the 51 Attorney General at least 5 business days, or as soon thereafter 52 as practicable, before the department makes the settlement 53 agreement final. Such written notification must include the 54 written memorandum required pursuant to paragraph (a). 55 (c) Provide, at the time settlement discussions regarding 56 any such payment have begun in earnest, written notification of 57 such discussions to the President of the Senate, the Speaker of 58 the House of Representatives, the Senate and House of 59 Representatives minority leaders, the chair and vice chair of 60 the Legislative Budget Commission, and the Attorney General. The 61 written notification required pursuant to this paragraph must 62 describe the procurement to which the proposed settlement 63 payment relates, the range of the proposed payments involved, 64 the specific appropriation in the General Appropriations Act 65 which will be used to make the proposed payment, and a summary 66 of the specific reasons the department has for considering such 67 payment. 68 (2) The department may not pledge any current or future 69 action by another branch of state government as a condition of 70 any procurement action. Any settlement that commits the state to 71 spending any amount in excess of current appropriations, to the 72 appropriation of funds in a subsequent fiscal year, or to policy 73 changes inconsistent with current state law must be contingent 74 upon and subject to legislative appropriation or statutory 75 amendment. The department may agree to use its efforts to 76 procure legislative funding or statutory amendments. 77 78 ================= T I T L E A M E N D M E N T ================ 79 And the title is amended as follows: 80 Between lines 98 and 99 81 insert: 82 creating s. 337.1101, F.S.; specifying requirements 83 for the department when the department or any entity 84 or enterprise within the department determines that it 85 is in the best interest of the public to resolve a 86 certain protest of the award of a certain contract; 87 providing requirements for a certain memorandum; 88 providing requirements for certain notifications; 89 prohibiting the department from pledging any current 90 or future action by another branch of state government 91 as a condition of any procurement action; requiring 92 certain settlements to be contingent upon and subject 93 to legislative appropriation or statutory amendment; 94 authorizing the department to agree to use its efforts 95 to procure legislative funding or statutory 96 amendments;