Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. PCS (479650) for CS for SB 1616
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/20/2021 .
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The Committee on Appropriations (Brodeur) recommended the
following:
1 Senate Amendment
2
3 Delete lines 183 - 378
4 and insert:
5 (4)(a) An agency may not initiate a competitive
6 solicitation for a product or service if the completion of such
7 competitive solicitation would:
8 1. Require a change in law; or
9 2. Require a change to the agency’s original approved
10 budget as defined in s. 216.011, other than a transfer
11 authorized in s. 216.292(2) or (3), unless the initiation of
12 such competitive solicitation is specifically authorized in law,
13 in the General Appropriations Act, or by the Legislative Budget
14 Commission.
15 (b) This subsection does not apply to a competitive
16 solicitation for which the agency head certifies that a valid
17 emergency exists.
18 (14)(13) Contracts for commodities or contractual services
19 may be renewed for a period that may not exceed 3 years or the
20 term of the original contract, whichever is longer. Renewal of a
21 contract for commodities or contractual services must be in
22 writing and is subject to the same terms and conditions set
23 forth in the initial contract and any written amendments signed
24 by the parties. If the commodity or contractual service is
25 purchased as a result of the solicitation of bids, proposals, or
26 replies, the price of the commodity or contractual service to be
27 renewed must be specified in the bid, proposal, or reply, except
28 that an agency may negotiate lower pricing. A renewal contract
29 may not include any compensation for costs associated with the
30 renewal. Renewals are contingent upon satisfactory performance
31 evaluations by the agency and subject to the availability of
32 funds. Exceptional purchase contracts pursuant to paragraphs
33 (3)(a) and (c) may not be renewed. With the exception of
34 subsection (11) (10), if a contract amendment results in a
35 longer contract term or increased payments, a state agency may
36 not renew or amend a contract for the outsourcing of a service
37 or activity that has an original term value exceeding $5 $10
38 million before submitting a written report concerning contract
39 performance to the Governor, the President of the Senate, and
40 the Speaker of the House of Representatives at least 90 days
41 before execution of the renewal or amendment.
42 (15)(a)(14) For each contractual services contract, the
43 agency shall designate an employee to function as contract
44 manager who is responsible for enforcing performance of the
45 contract terms and conditions and to serve as a liaison between
46 with the contractor and the agency. The contract manager may not
47 be an individual who has been employed within the previous 5
48 years by the vendor awarded the contractual services contract.
49 The primary responsibilities of a contract manager include, but
50 are not limited to:
51 1. Participating in the solicitation development and review
52 of contract documents.
53 2. Monitoring the contractor’s progress and performance to
54 ensure procured products and services conform to the contract
55 requirements and keeping timely records of findings.
56 3. Managing and documenting any changes to the contract
57 through the amendment process authorized by the terms of the
58 contract.
59 4. Monitoring the contract budget to ensure sufficient
60 funds are available throughout the term of the contract.
61 5. Exercising applicable remedies, as appropriate, when a
62 contractor’s performance is deficient.
63 (b)(a) Each contract manager who is responsible for
64 contracts in excess of the threshold amount for CATEGORY TWO
65 must, at a minimum, complete training conducted by the Chief
66 Financial Officer for accountability in contracts and grant
67 management. The Chief Financial Officer shall evaluate such
68 training every 5 years to assess its effectiveness and update
69 the training curriculum. The Chief Financial Officer shall
70 establish and disseminate uniform procedures pursuant to s.
71 17.03(3) to ensure that contractual services have been rendered
72 in accordance with the contract terms before the agency
73 processes the invoice for payment. The procedures must include,
74 but need not be limited to, procedures for monitoring and
75 documenting contractor performance, reviewing and documenting
76 all deliverables for which payment is requested by vendors, and
77 providing written certification by contract managers of the
78 agency’s receipt of goods and services.
79 (c)(b) Each contract manager who is responsible for
80 contracts in excess of $100,000 annually must, in addition to
81 the accountability in contracts and grant management training
82 required in paragraph (b) and within 6 months after being
83 assigned responsibility for such contracts, complete training in
84 contract management and become a certified contract manager. The
85 department is responsible for establishing and disseminating the
86 training and certification requirements for certified contract
87 managers. Training must promote best practices and procedures
88 related to negotiating, managing, and ensuring accountability in
89 agency contracts and grant agreements, which must include the
90 use of case studies based upon previous audits, contracts, and
91 grant agreements. A certified contract manager must complete
92 training every 5 years for certification renewal requirements
93 for certification which include completing the training
94 conducted by the Chief Financial Officer for accountability in
95 contracts and grant management. Training and certification must
96 be coordinated by the department, and the training must be
97 conducted jointly by the department and the Department of
98 Financial Services. The department shall evaluate such training
99 every 5 years to assess its effectiveness and update the
100 training curriculum Training must promote best practices and
101 procedures related to negotiating, managing, and ensuring
102 accountability in agency contracts and grant agreements, which
103 must include the use of case studies based upon previous audits,
104 contracts, and grant agreements. All agency contract managers
105 must become certified within 24 months after establishment of
106 the training and certification requirements by the department
107 and the Department of Financial Services.
108 (d) Each contract manager who is responsible for contracts
109 in excess of $10 million annually must, in addition to the
110 training required in paragraph (b) and the training and
111 certification required in paragraph (c), possess at least 5
112 years of experience managing contracts in excess of $5 million
113 annually.
114 (16)(15) Each agency shall designate at least one employee
115 who shall serve as a contract administrator responsible for
116 maintaining a contract file and financial information on all
117 contractual services contracts and who shall serve as a liaison
118 with the contract managers and the department. For a contract of
119 $500,000 or less annually, the contract administrator may also
120 serve as the contract manager if he or she has completed the
121 required training. For a contract in excess of $500,000
122 annually, the contract administrator may not serve as both the
123 contract administrator and the contract manager.
124 (17)(a)(16)(a) For a contract in excess of the threshold
125 amount provided in s. 287.017 for CATEGORY FOUR, the agency head
126 shall appoint:
127 1. At least three persons to independently evaluate
128 proposals and replies who collectively have experience and
129 knowledge in the program areas and service requirements for the
130 commodity which commodities or contractual services are sought.
131 2. At least three persons to a negotiation team to conduct
132 negotiations during a competitive sealed reply procurement. The
133 negotiation team members must who collectively have experience
134 and knowledge in negotiating contracts, contract procurement,
135 and the program areas and service requirements for the commodity
136 which commodities or contractual services are sought.
137 (b)1. If the value of a contract is in excess of $1 million
138 in any fiscal year, at least one of the persons conducting
139 negotiations must be certified as a certified contract
140 negotiator based upon department rules in order to ensure that
141 certified contract negotiators are knowledgeable about effective
142 negotiation strategies, capable of successfully implementing
143 those strategies, and involved appropriately in the procurement
144 process. At a minimum, the rules must address the qualifications
145 required for certification, the method of certification, and the
146 procedure for involving the certified negotiator.
147 2. If the value of a contract is in excess of $10 million
148 in any fiscal year, at least one of the persons conducting
149 negotiations must be a Project Management Professional, as
150 certified by the Project Management Institute. The Project
151 Management Professional shall provide guidance based on his or
152 her experience, education, and competency to lead and direct
153 complex projects.
154 3. The department is responsible for establishing and
155 disseminating the certification and training requirements for
156 certified contract negotiators. Training must ensure that
157 certified contract negotiators are knowledgeable about effective
158 negotiation strategies, capable of successfully implementing
159 those strategies, and involved appropriately in the procurement
160 process. The department shall evaluate such training every 5
161 years in order to assess its effectiveness and update the
162 training curriculum. A certified contract negotiator is required
163 to complete training every 5 years for certification renewal.
164 Qualification requirements for certification must include:
165 a. At least 12 months’ experience as a purchasing agent,
166 contract manager, or contract administrator for an agency or a
167 local governmental entity where at least 50 percent of the
168 designated duties included procuring commodities or contractual
169 services; participating in contract negotiation, contract
170 management, or contract administration; or working as an agency
171 attorney whose duties included providing legal counsel to the
172 agency’s purchasing or contracting staff; and
173 b. Experience during the preceding 5 years in leading at
174 least two federal, state, or local government negotiation teams
175 through a negotiated procurement or participation in at least
176 three federal, state, or local government-negotiated
177 procurements.
178 (18) Any person who supervises contract administrators or
179 contract or grant managers who meet criteria for certification
180 in subsection (15) shall annually complete public procurement
181 training for supervisors within 12 months after appointment to
182 the supervisory position. The department is responsible for
183 establishing and disseminating the training course content
184 required for supervisors, and training shall commence no later
185 than July 1, 2022.
186 (26)(a) For each contractual services contract in excess of
187 $5 million, the agency head shall establish a continuing
188 oversight team after the contract has been awarded. The agency
189 head shall appoint at least four persons, one of whom must be
190 the certified contract manager, to the continuing oversight
191 team. If the value of the contractual services contract is in
192 excess of $10 million, at least one of the persons on the
193 continuing oversight team must possess at least 5 years of
194 experience in managing contracts of a similar scope or size. If
195 the value of the contractual services contract is in excess of
196 $20 million, the continuing oversight team must consist of at
197 least five persons, and at least one of the persons on the
198 continuing oversight team must be from an agency other than the
199 agency or agencies participating in the contract. Members of the
200 continuing oversight team must be agency employees and must