The Florida Senate

337.105  Qualifications of professional consultants and other providers of contractual services; performance bonds; and audits of indirect costs.--

(1)  Before the employment of a professional consultant or other provider of service, the department shall make a finding that the person to be employed is fully qualified to render the desired service. Among the factors to be considered in making this finding are the professional reputation, past performance record, and experience of the candidate and the adequacy of the personnel making up his or her organization. The department may, for good cause, deny or suspend for a specified period of time a person or firm from consideration for award of a professional service contract for a particular type of work. The department shall adopt rules to administer this section. As used in this subsection, the term "good cause" includes, but is not limited to, circumstances in which a consultant or other provider of service or its official representative:

(a)  Makes or submits false, deceptive, or fraudulent statements in any bid or proposal to the department, in any application for certification of qualification, or in any administrative or judicial proceeding;

(b)  Becomes insolvent or is the subject of a bankruptcy petition;

(c)  Has been qualified by the department based on a license or registration issued by the state which has subsequently been revoked or suspended or has been denied;

(d)  Has been qualified by the department based on the employment of personnel no longer employed by the consultant or other provider of service;

(e)  Fails to maintain adequate professional liability insurance for the certified areas of work;

(f)  Fails to satisfactorily perform contract requirements;

(g)  Wrongfully employs or otherwise provides compensation to any employee or officer of the department, or willfully offers an employee or officer of the department any pecuniary or other benefit, with the intent to influence the employee's or officer's official action or judgment;

(h)  Is affiliated with a consultant or other provider of service whose qualification to render professional services has been denied or suspended by the department and is dependent upon such consultant or other provider of service for personnel, equipment, or finances; or

(i)  Has been barred or suspended from consideration for work with any other governmental entity.

(2)  For any contractual service, except a contractual service provided to the department under s. 287.055, the department may require a performance bond equal to the full contract value if such requirement is deemed to be in the best interest of the state.

(3)  The department may require providers of professional services acquired under s. 287.055 to submit annual audits of their indirect costs performed in accordance with department guidelines. The department may establish limits on the indirect cost rates it will accept.

History.--s. 1, ch. 70-64; s. 171, ch. 84-309; s. 4, ch. 87-100; s. 1, ch. 89-21; s. 494, ch. 95-148; s. 35, ch. 96-323; s. 2, ch. 98-105.

Note.--Former s. 337.33.