| 1 | Representative(s) Kottkamp offered the following: | 
| 2 | 
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| 3 | Amendment (with title amendment) | 
| 4 | Remove lines 319 through 460, and insert: | 
| 5 | 
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| 6 | require adjustments to the agency's budget, in accordance with | 
| 7 | chapter 216, totaling $1 million or more. Amendments to existing | 
| 8 | contracts are excluded. | 
| 9 | (c)  Contractual services procurements that do not involve | 
| 10 | an outlay of state funds estimated to total $10 million or more | 
| 11 | in any fiscal year because of the provision of services by the | 
| 12 | contractor at a rate significantly below market rate, the | 
| 13 | significant investment of other resources by the agency, or | 
| 14 | other reason, but in which the total value of the services | 
| 15 | performed by the agency and contractor under the contract is | 
| 16 | estimated to total $10 million or more in any fiscal year. | 
| 17 | Examples of such procurements include, but are not limited to, | 
| 18 | free, no-cost, or codevelopment contracts. | 
| 19 | (d)  Contractual services procurements for which the sum of | 
| 20 | gross revenues or shared savings to be generated for the state | 
| 21 | and contractor over the term of the contract plus the sum of any | 
| 22 | payments to the contractor by the agency over the term of the | 
| 23 | contract, if any, is estimated to total $10 million or more in | 
| 24 | any fiscal year. | 
| 25 | (e)  Contractual services procurements that do not meet the | 
| 26 | criteria in paragraphs (a)-(d) that the Legislature has directed | 
| 27 | to be subject to the centralized gate process. | 
| 28 | (2)  Extensions and renewals of contracts resulting from | 
| 29 | procurements in subsection (1) and extensions and renewals of | 
| 30 | contracts meeting the criteria identified in paragraphs (1)(a), | 
| 31 | (c), and (d) which did not pass through the center shall undergo | 
| 32 | review and analysis through the centralized gate process | 
| 33 | implemented by the center, through, notwithstanding any law to | 
| 34 | the contrary, such contracts shall pass only through such gates | 
| 35 | as the commission determines are appropriate based on the | 
| 36 | legislative intent of this act. | 
| 37 | 
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| 38 | For purposes of determining whether a procurement meets the | 
| 39 | requirements of this section, multiple contractual services | 
| 40 | procurements for substantially similar or related functions or | 
| 41 | responsibilities occurring in a coordinated fashion or in close | 
| 42 | time proximity to one another are considered a single | 
| 43 | contractual services procurement for purposes of meeting the | 
| 44 | thresholds set forth in this section. | 
| 45 | (3)  The centralized gate process shall require, at a | 
| 46 | minimum, review of the procurement by the commission at each | 
| 47 | gate. At each gate, the commission shall determine by majority | 
| 48 | vote to: | 
| 49 | (a)  Approve the procurement, if the agency has | 
| 50 | sufficiently met the requirements of the current gate, and | 
| 51 | advance the procurement to the next phase; | 
| 52 | (b)  Withhold approval of the procurement, if additional | 
| 53 | work must be completed in order to satisfy the requirements of | 
| 54 | the current gate, and retain the procurement in that phase; or | 
| 55 | (c)  Deny the procurement, if the procurement is not a good | 
| 56 | business decision, and remove the procurement from | 
| 57 | consideration. | 
| 58 | 
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| 59 | Notwithstanding the provisions of this section, the commission | 
| 60 | may not deny procurements which are required by law. If the | 
| 61 | commission determines that a procurement required by law is not | 
| 62 | a good business decision, the commission shall withhold approval | 
| 63 | and transmit to the President of the Senate, the Speaker of the | 
| 64 | House of Representatives, and the Governor the reasons why the | 
| 65 | procurement should not be completed and any recommendation for | 
| 66 | legislative action. If the President of the Senate or the | 
| 67 | Speaker of the House of Representatives has not responded within | 
| 68 | 14 business days of receipt of the communication, the commission | 
| 69 | shall proceed at its discretion consistent with the Legislative | 
| 70 | intent of this act. | 
| 71 | 
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| 72 | Notwithstanding any law to the contrary, agencies under the | 
| 73 | individual control of the Attorney General, the Chief Financial | 
| 74 | Officer, or the Commissioner of Agriculture are subject to the | 
| 75 | provisions of this act, except that the commission shall not | 
| 76 | grant, withhold, or deny approval of a procurement by such | 
| 77 | agency but instead may only provide recommendations to the | 
| 78 | agency. The respective agency head shall have sole authority to | 
| 79 | grant, withhold, or deny approval of such procurement. | 
| 80 | (4)  The gates and required documentation comprising the | 
| 81 | centralized gate process shall, at a minimum, consist of: | 
| 82 | (a)  The proposal identification gate, which shall include | 
| 83 | the business case. | 
| 84 | (b)  The procurement preparation gate, which shall include | 
| 85 | the updated business case and the solicitation documents prior | 
| 86 | to the its issuance of such documents. An agency may not release | 
| 87 | solicitation documents without the commission's approval at this | 
| 88 | gate. The commission must review and approve the written | 
| 89 | determination of the agency required pursuant to s. | 
| 90 | 287.057(3)(a) before granting approval for the use of an | 
| 91 | invitation to negotiate, or withhold approval pending submission | 
| 92 | by the agency of an acceptable alternative solicitation method. | 
| 93 | (c)  The contract development gate, which shall include the | 
| 94 | final business case and the proposed unexecuted contract. An | 
| 95 | agency may not execute the contract without the commission's | 
| 96 | approval at this gate. | 
| 97 | (d)  The transition management gate, which shall include | 
| 98 | updates to the final business case and, for a procurement of | 
| 99 | contractual services, an analysis of the agency's and | 
| 100 | contractor's readiness for the contractor to perform the | 
| 101 | proposed responsibility or function. An agency may not | 
| 102 | transition to contractor performance without the commission's | 
| 103 | approval at this gate. | 
| 104 | (e)  The post-implementation gate, which shall include | 
| 105 | updates to the final business case and a report on the adequacy | 
| 106 | of contractor performance. | 
| 107 | (5)(a)  Any executed contract for a procurement passing | 
| 108 | through the centralized gate process pursuant to this section | 
| 109 | shall be null and void if an agency fails to comply with the | 
| 110 | commission decision at the proposal identification, procurement | 
| 111 | preparation, or contract development gate. | 
| 112 | (b)  Failure to comply with any other requirements of this | 
| 113 | act or implementing rules shall not affect the validity of the | 
| 114 | competitive solicitation and award process or any contract. | 
| 115 | (6)  The commission shall take action at each gate within | 
| 116 | 60 days of the submission of a procurement by an agency.  If the | 
| 117 | commission does not take action within this timeframe, the | 
| 118 | agency head shall determine whether to grant, withhold, or deny | 
| 119 | approval of the procurement at that gate based on the rules and | 
| 120 | guidelines of the commission for that gate and shall notify the | 
| 121 | Governor, the President of the Senate, the Speaker of the House | 
| 122 | of Representatives, and the commission of such action and the | 
| 123 | circumstances thereof. | 
| 124 | (7)  During the terms of the contracts, the agency shall | 
| 125 | annually submit with its legislative budget request a status | 
| 126 | report for each procurement that has passed through at least the | 
| 127 | first three gates of the centralized gate process describing the | 
| 128 | progress made to date, actual completion dates in comparison to | 
| 129 | planned completion dates, actual costs incurred in comparison to | 
| 130 | projected costs incurred, current issues requiring resolution, | 
| 131 | planned project milestones, deliverables, and expenditures for | 
| 132 | the next reporting period, and any other information relating to | 
| 133 | the contractual services that may be requested. | 
| 134 | Section 7.  Section 287.0577, Florida Statutes, is created | 
| 135 | to read: | 
| 136 | 287.0577  Requirements for procurement of certain | 
| 137 | contractual services.--In addition to the other applicable | 
| 138 | requirements of this chapter, an agency shall comply with the | 
| 139 | following requirements for, at a minimum, procurements of | 
| 140 | contractual services estimated to total $1 million or more in | 
| 141 | any fiscal year and those subject to review under s. | 
| 142 | 287.0576(1)(b), (c), (d), and (e) and (2): | 
| 143 | (1)  BUSINESS CASE.--The agency shall develop a business | 
| 144 | case which describes and analyzes the procurement. The business | 
| 145 | case is not subject to challenge or protest pursuant to chapter | 
| 146 | 120. The business case shall include, but not be limited to, the | 
| 147 | information in paragraphs (a)-(l).  For procurements not subject | 
| 148 | to commission review, the agency shall provide a copy of the | 
| 149 | business case to the President of the Senate and the Speaker of | 
| 150 | the House at least 14 days prior to releasing a solicitation. | 
| 151 | For procurements subject to | 
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| 153 | 
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| 154 | ================ T I T L E  A M E N D M E N T ============= | 
| 155 | Remove line 48 and insert: | 
| 156 | 
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| 157 | requiring the submission of annual status reports; |