CS/CS/HB 1451

1	A bill to be entitled
2	An act relating to procurement of personal property and
3	services; creating s. 287.046, F.S.; authorizing local
4	governments to select construction management entities and
5	program management entities; specifying the
6	responsibilities of such entities; providing procedures
7	and requirements with respect to such entities; providing
8	construction of the section; amending s. 287.055, F.S.;
9	revising the definition of "continuing contract"; revising
10	provisions relating to the award of design-build contracts
11	for professional architectural, engineering, landscape
12	architectural, or surveying and mapping services by
13	municipalities, political subdivisions, school districts,
14	and school boards; amending s. 287.057, F.S.; requiring
15	that additional types of contracts by state agencies be
16	procured by competitive solicitation; providing
17	severability; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 287.046, Florida Statutes, is created
22	to read:
23	287.046  Construction management entities; program
24	management entities.--
25	(1)  "Local government" as used in this section means a
26	county, municipality, or special district as defined in chapter
27	189, or other political subdivision of the state.
28	(2)  A local government may select a construction
29	management entity, pursuant to the process provided by s.
30	287.055, that would be responsible for construction project
31	scheduling and coordination in both preconstruction and
32	construction phases and is generally responsible for the
33	successful, timely, and economical completion of the
34	construction project. The construction management entity must
35	consist of or contract with licensed or registered professionals
36	for the specific fields or areas of construction to be
37	performed, as required by law. The construction management
38	entity may retain necessary design professionals selected under
39	the process provided in s. 287.055. At the option of the local
40	government, the construction management entity, after having
41	been selected and after competitive negotiations, may be
42	required to offer either a guaranteed maximum price and a
43	guaranteed completion date or a lump-sum price and a guaranteed
44	completion date, in which case the construction management
45	entity must secure an appropriate surety bond pursuant to s.
46	255.05 and must hold construction subcontracts. If a project, as
47	defined in s. 287.055(2)(f), solicited by a local government
48	under the process provided in s. 287.055 includes a grouping of
49	substantially similar construction, rehabilitation, or
50	renovation activities as permitted under s. 287.055(2)(f), the
51	local government, after competitive negotiations, may require
52	the construction management entity to provide for a separate
53	guaranteed maximum price or a separate lump-sum price and a
54	separate guaranteed completion date for each grouping of
55	substantially similar construction, rehabilitation, or
56	renovation activities included within the project.
57	(3)  A local government may select a program management
58	entity, pursuant to the process provided by s. 287.055, that
59	would be responsible for schedule control, cost control, and
60	coordination in providing or procuring planning, design, and
61	construction services. The program management entity must
62	consist of or contract with licensed or registered professionals
63	for the specific areas of design or construction to be performed
64	as required by law. The program management entity may retain
65	necessary design professionals selected under the process
66	provided in s. 287.055. At the option of the local government,
67	the program management entity, after having been selected and
68	after competitive negotiations, may be required to offer either
69	a guaranteed maximum price and a guaranteed completion date or a
70	lump-sum price and a guaranteed completion date, in which case
71	the program management entity must secure an appropriate surety
72	bond pursuant to s. 255.05 and must hold design and construction
73	subcontracts. If a project, as defined in s. 287.055(2)(f),
74	solicited by a local government under the process provided in s.
75	287.055 includes a grouping of substantially similar
76	construction, rehabilitation, or renovation activities as
77	permitted under s. 287.055(2)(f), the local government, after
78	competitive negotiations, may require the program management
79	entity to provide for a separate guaranteed maximum price or a
80	lump sum price and a separate guaranteed completion date for
81	each grouping of substantially similar construction,
82	rehabilitation, or renovation activities included within the
83	project.
84	(4)  Nothing in this section shall be construed to prohibit
85	a local government from procuring construction management
86	services, including the services of a program management entity,
87	pursuant to the requirements of s. 255.20.
88	Section 2.  Paragraph (g) of subsection (2) and paragraph
89	(c) of subsection (9) of section 287.055, Florida Statutes, are
90	amended to read:
91	287.055  Acquisition of professional architectural,
92	engineering, landscape architectural, or surveying and mapping
93	services; definitions; procedures; contingent fees prohibited;
94	penalties.--
95	(2)  DEFINITIONS.--For purposes of this section:
96	(g)  A "continuing contract" is a contract for professional
97	services entered into in accordance with all the procedures of
98	this act between an agency and a firm whereby the firm provides
99	professional services to the agency for projects in which
100	construction costs do not exceed $1.5 million $1 million, for
101	study activity when the fee for such professional service does
102	not exceed $150,000 $50,000, or for work of a specified nature
103	as outlined in the contract required by the agency, with no time
104	limitation except that the contract must provide a termination
105	clause. Firms providing professional services under continuing
106	contracts shall not be required to bid against one another.
107	(9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
108	(c)  Except as otherwise provided in s. 337.11(7), the
109	Department of Management Services shall adopt rules for the
110	award of design-build contracts to be followed by state
111	agencies. Each other agency must adopt rules or ordinances for
112	the award of design-build contracts. Municipalities, political
113	subdivisions, school districts, and school boards shall award
114	design-build contracts by the use of a competitive proposal
115	selection process as described in this subsection, or by the use
116	of a qualifications-based selection process pursuant to
117	subsections (3), (4), and (5) for entering into a contract
118	whereby the selected firm will, subsequent to competitive
119	negotiations, subsequently establish either a guaranteed maximum
120	price and guaranteed completion date or a lump-sum price and
121	guaranteed completion date. If the procuring agency elects the
122	option of qualifications-based selection, during the selection
123	of the design-build firm the procuring agency shall employ or
124	retain a licensed design professional appropriate to the project
125	to serve as the agency's representative. Procedures for the use
126	of a competitive proposal selection process must include as a
127	minimum the following:
128	1.  The preparation of a design criteria package for the
129	design and construction of the public construction project.
130	2.  The qualification and selection of no fewer than three
131	design-build firms as the most qualified, based on the
132	qualifications, availability, and past work of the firms,
133	including the partners or members thereof.
134	3.  The criteria, procedures, and standards for the
135	evaluation of design-build contract proposals or bids, based on
136	price, technical, and design aspects of the public construction
137	project, weighted for the project.
138	4.  The solicitation of competitive proposals, pursuant to
139	a design criteria package, from those qualified design-build
140	firms and the evaluation of the responses or bids submitted by
141	those firms based on the evaluation criteria and procedures
142	established prior to the solicitation of competitive proposals.
143	5.  For consultation with the employed or retained design
144	criteria professional concerning the evaluation of the responses
145	or bids submitted by the design-build firms, the supervision or
146	approval by the agency of the detailed working drawings of the
147	project; and for evaluation of the compliance of the project
148	construction with the design criteria package by the design
149	criteria professional.
150	6.  In the case of public emergencies, for the agency head
151	to declare an emergency and authorize negotiations with the best
152	qualified design-build firm available at that time.
153	Section 3.  Subsection (27) is added to section 287.057,
154	Florida Statutes, to read:
155	287.057  Procurement of commodities or contractual
156	services.--
157	(27)  An agency must procure a contract by competitive
158	solicitation if the contract authorizes a contractor to use
159	governmental authority to provide a service to public or private
160	entities or authorizes a contractor to use government property
161	for the purpose of selling goods or services and if, over the
162	contract term, the sum of estimated gross revenues to be
163	generated under the contract for the state, the contractor, or
164	both exceeds the threshold amount for CATEGORY TWO in s.
165	287.017.
166	Section 4.  If any provision of this act or the application
167	thereof to any person or circumstance is held invalid, the
168	invalidity shall not affect other provisions or applications of
169	the act which can be given effect without the invalid provision
170	or application, and to this end the provisions of this act are
171	declared severable.
172	Section 5.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.