Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 664
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Commerce and Tourism (Lee) recommended the
    1         Senate Amendment to Amendment (110576) 
    3         Between lines 4 and 5
    4  insert:
    5         Section 1. Subsection (1) of section 287.058, Florida
    6  Statutes, is amended to read:
    7         287.058 Contract document.—
    8         (1) Every procurement of contractual services in excess of
    9  the threshold amount provided in s. 287.017 for CATEGORY TWO,
   10  except for the providing of health and mental health services or
   11  drugs in the examination, diagnosis, or treatment of sick or
   12  injured state employees or the providing of other benefits as
   13  required by chapter 440, shall be evidenced by a written
   14  agreement embodying all provisions and conditions of the
   15  procurement of such services, which shall, where applicable,
   16  include, but not be limited to, a provision:
   17         (a) That bills for fees or other compensation for services
   18  or expenses be submitted in detail sufficient for a proper
   19  preaudit and postaudit thereof.
   20         (b) That bills for any travel expenses be submitted in
   21  accordance with s. 112.061. A state agency may establish rates
   22  lower than the maximum provided in s. 112.061.
   23         (c) Allowing unilateral cancellation by the agency for
   24  refusal by the contractor to allow public access to all
   25  documents, papers, letters, or other material made or received
   26  by the contractor in conjunction with the contract, unless the
   27  records are exempt from s. 24(a) of Art. I of the State
   28  Constitution and s. 119.07(1).
   29         (d) Specifying a scope of work that clearly establishes all
   30  tasks the contractor is required to perform.
   31         (e) Dividing the contract into quantifiable, measurable,
   32  and verifiable units of deliverables that must be received and
   33  accepted in writing by the contract manager before payment. Each
   34  deliverable must be directly related to the scope of work and
   35  specify a performance measure. As used in this paragraph, the
   36  term “performance measure” means the required minimum acceptable
   37  level of service to be performed and criteria for evaluating the
   38  successful completion of each deliverable.
   39         (f) Specifying the criteria and the final date by which
   40  such criteria must be met for completion of the contract.
   41         (g) Specifying that the contract may be renewed for a
   42  period that may not exceed 3 years or the term of the original
   43  contract, whichever is longer, specifying the renewal price for
   44  the contractual service as set forth in the bid, proposal, or
   45  reply, specifying that costs for the renewal may not be charged,
   46  and specifying that renewals are contingent upon satisfactory
   47  performance evaluations by the agency and subject to the
   48  availability of funds. Exceptional purchase contracts pursuant
   49  to s. 287.057(3)(a) and (c) may not be renewed.
   50         (h) Specifying the financial consequences that the agency
   51  must apply if the contractor fails to perform in accordance with
   52  the contract.
   53         (i) Addressing the property rights of any intellectual
   54  property related to the contract and the specific rights of the
   55  state regarding the intellectual property if the contractor
   56  fails to provide the services or is no longer providing
   57  services.
   58         (j) Requiring a contractor or any subcontractor performing
   59  a portion of the contract to register with and use an employment
   60  verification system to the extent required by s. 287.137 for all
   61  new employees hired in this state during the term of the
   62  contract.
   64  In lieu of a written agreement, the agency may authorize the use
   65  of a purchase order for classes of contractual services if the
   66  provisions of paragraphs (a)-(i) are included in the purchase
   67  order or solicitation. The purchase order must include, but need
   68  not be limited to, an adequate description of the services, the
   69  contract period, and the method of payment. In lieu of printing
   70  the provisions of paragraphs (a)-(c) and (g) in the contract
   71  document or purchase order, agencies may incorporate the
   72  requirements of paragraphs (a)-(c) and (g) by reference.
   73         Section 2. Section 287.137, Florida Statutes, is created to
   74  read: