| 1 | Representative Negron offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | On page 114, between lines 22 and 23, |
| 5 | insert: |
| 6 |
|
| 7 | Section 103. Section 215.3215, Florida Statutes, is |
| 8 | created to read: |
| 9 | 215.3215 Charges by agencies or contractors.--Specific |
| 10 | statutory authority authorizing the maximum amount of a fee, |
| 11 | tax, or other charge shall be required for an agency, as defined |
| 12 | in s. 287.012(1), or a contractor with such agency to levy or |
| 13 | impose upon a person who is not a party to the contract a fee, |
| 14 | tax, or other charge which funds the contract or provides |
| 15 | payment to the contractor, regardless of whether the levy or |
| 16 | imposition is direct or indirect or is mandatory or optional. |
| 17 | Section 104. Subsections (17) and (23) of section 287.057, |
| 18 | Florida Statutes, are amended, and a new subsection (25) is |
| 19 | added to said section, to read: |
| 20 | 287.057 Procurement of commodities or contractual |
| 21 | services.-- |
| 22 | (17) For a contract in excess of the threshold amount |
| 23 | provided in s. 287.017 for CATEGORY FOUR, the agency head shall |
| 24 | appoint: |
| 25 | (a) At least three persons to evaluate proposals and |
| 26 | replies who collectively have experience and knowledge in the |
| 27 | program areas and service requirements for which commodities or |
| 28 | contractual services are sought. |
| 29 | (b) At least three persons to conduct negotiations during |
| 30 | a competitive sealed reply procurement who collectively have |
| 31 | experience and knowledge in negotiating contracts, contract |
| 32 | procurement, and the program areas and service requirements for |
| 33 | which commodities or contractual services are sought. As of |
| 34 | January 1, 2005, when the contract is in excess of $1 million, |
| 35 | at least one of the persons conducting negotiations must be a |
| 36 | certified negotiator as established by the department. The |
| 37 | department shall, by rule, establish the experience, knowledge, |
| 38 | and training required to be a certified negotiator. |
| 39 | (23)(a) The department, in consultation with the Chief |
| 40 | Financial Officer State Technology Office and the Comptroller, |
| 41 | shall develop a program for on-line procurement of commodities |
| 42 | and contractual services. To enable the state to promote open |
| 43 | competition and to leverage its buying power, agencies shall |
| 44 | participate in the on-line procurement program, and eligible |
| 45 | users and cabinet agencies may participate in the program. Only |
| 46 | vendors prequalified as meeting mandatory requirements and |
| 47 | qualifications criteria shall be permitted to participate in on- |
| 48 | line procurement. The department, in consultation with the State |
| 49 | Technology Office, may contract for equipment and services |
| 50 | necessary to develop and implement on-line procurement. |
| 51 | (b) The department, in consultation with the State |
| 52 | Technology Office, shall adopt rules, pursuant to ss. 120.536(1) |
| 53 | and 120.54, to administer the program for on-line procurement. |
| 54 | The rules shall include, but not be limited to: |
| 55 | 1. Determining the requirements and qualification criteria |
| 56 | for prequalifying vendors. |
| 57 | 2. Establishing the procedures for conducting on-line |
| 58 | procurement. |
| 59 | 3. Establishing the criteria for eligible commodities and |
| 60 | contractual services. |
| 61 | 4. Establishing the procedures for providing access to on- |
| 62 | line procurement. |
| 63 | 5. Determining the criteria warranting any exceptions to |
| 64 | participation in the on-line procurement program. |
| 65 | (c) The department may collect fees for the use of the on- |
| 66 | line procurement program systems. Purchase of commodities and |
| 67 | contractual services from vendors that are registered with the |
| 68 | on-line procurement program may be considered use of the |
| 69 | program. The fees may be imposed on an individual transaction |
| 70 | basis or as a fixed percentage of the cost savings generated. At |
| 71 | a minimum, the fees must be set in an amount sufficient to cover |
| 72 | the projected costs of such services, including administrative |
| 73 | and project service costs in accordance with the policies of the |
| 74 | department; however, fees imposed on an individual transaction |
| 75 | basis may not exceed 1 percent of the transaction amount. For |
| 76 | the purposes of compensating the provider, the department may |
| 77 | authorize the provider to collect and retain a portion of the |
| 78 | fees. The providers may withhold the portion retained from the |
| 79 | amount of fees to be remitted to the department. The department |
| 80 | may negotiate the retainage as a percentage of such fees charged |
| 81 | to users, as a flat amount, or as any other method the |
| 82 | department deems feasible. All fees and surcharges collected |
| 83 | under this paragraph shall be collected by the department and |
| 84 | deposited in the Grants and Donation Trust Fund as provided by |
| 85 | law. |
| 86 | (25)(a) Legal authority is required for contractual |
| 87 | services procurements with a cost greater than $10 million over |
| 88 | the contract term which shift functions or responsibilities from |
| 89 | agency staff to the private sector where the agency remains |
| 90 | accountable while the private sector entity performs the |
| 91 | function or responsibility. At least 60 days prior to the |
| 92 | Legislative session, if the agency seeks authority by law to |
| 93 | procure such contractual services, or 30 days prior to issuing a |
| 94 | solicitation, if the agency has legal authority to procure such |
| 95 | contractual services, upon issuance of a solicitation, and upon |
| 96 | execution of a contract, the agency shall provide to the |
| 97 | President of the Senate and the Speaker of the House of |
| 98 | Representatives current cost-benefit analyses, business case |
| 99 | analyses, plans for contract management, proposed performance |
| 100 | contracting procedures, detailed service comparisons, and |
| 101 | information about impacts to approved performance standards |
| 102 | regarding the proposed procurement. The contract for such |
| 103 | procurement shall include at a minimum a detailed scope of work |
| 104 | specifying services and deliverables; specific payment terms, |
| 105 | including incentive and penalty provisions; implementation |
| 106 | schedules; required performance measures; provisions for the |
| 107 | transfer of the function or responsibility if the contractor |
| 108 | ceases to perform; and requirements for access to public records |
| 109 | consistent with law. The Chief Financial Officer shall |
| 110 | promulgate guidelines regarding the content of contract |
| 111 | documents for such procurements. The department shall maintain a |
| 112 | database containing, for procurements subject to this |
| 113 | subsection, the agency name, the name and description of the |
| 114 | contractual service procured, and the names of the prime |
| 115 | contractor and any subcontractors; projected and actual |
| 116 | completion dates by project phase; a description of performance |
| 117 | measures contained in the contract, projected performance, and |
| 118 | actual performance; and projected costs and revenues, as |
| 119 | applicable, and actual costs and revenues. |
| 120 | (b) This subsection shall not apply to any procurement for |
| 121 | which a contract was executed prior to July 1, 1994, for |
| 122 | contractual services substantially similar in nature and purpose |
| 123 | to those to be procured in the proposed contract. |
| 124 | Section 105. Effective October 1, 2004, there is hereby |
| 125 | appropriated from the Grants and Donation Trust Fund in the |
| 126 | Department of Management Services $5,000,000 in the Special |
| 127 | Categories-Contractual Services for the purpose of transferring |
| 128 | funds to the on-line procurement program contractor, in |
| 129 | accordance with section 287.057, Florida Statutes. |
| 130 | Section 106. The amendment to section 287.057(23)(c), |
| 131 | Florida Statutes, which removes authority for the provider to |
| 132 | collect and retain fees and requires the department to collect |
| 133 | the fees, shall take effect October 1, 2004. |
| 134 |
|
| 135 |
|
| 136 | ================= T I T L E A M E N D M E N T ================= |
| 137 | On page 8, line 15, remove all of said line, |
| 138 |
|
| 139 | and insert: |
| 140 |
|
| 141 | creating s. 215.3215; authorizing agencies or contractors |
| 142 | to levy or impose on certain noncontract parties certain |
| 143 | fees, taxes, or charges only if authorized by law; |
| 144 | amending s. 287.057, F.S.; requiring certified negotiators |
| 145 | for certain procurements; revising provisions relating to |
| 146 | on-line procurement programs; prohibiting agencies from |
| 147 | procuring certain contractual services except as provided |
| 148 | by law; requiring agencies to provide information to the |
| 149 | Legislature regarding such procurements; requiring certain |
| 150 | contract provisions for such procurements; requiring the |
| 151 | Chief Financial Officer to promulgate guidelines; |
| 152 | requiring the department to establish a database; |
| 153 | providing exceptions; providing an appropriation; amending |
| 154 | s. 658.73, F.S.; delineating which |