HB 155

A bill to be entitled
2An act relating to the procurement of professional
3architectural, engineering, landscape architectural,
4or surveying and mapping services; amending s.
5287.055, F.S.; revising the definition of "continuing
6contract," and defining "best value selection";
7clarifying provisions with respect to selection of
8firms by an agency under the competitive selection
9process; providing that an agency has the right to
10reject any or all submissions received in response to
11a public announcement under the competitive selection
12process; authorizing an agency to award contracts to
13multiple firms under the competitive negotiation
14process; providing for a best value selection process;
15requiring agencies to adopt rules governing the use of
16the process; providing minimum requirements with
17respect to best value selection procedures; providing
18an effective date.
20Be It Enacted by the Legislature of the State of Florida:
22     Section 1.  Paragraph (g) of subsection (2) of section
23287.055, Florida Statutes, is amended, and paragraph (m) is
24added to that subsection, paragraph (b) of subsection (4) is
25amended, and paragraph (e) is added to that subsection,
26paragraph (d) is added to subsection (5), subsections (6)
27through (11) are renumbered as subsections (7) through (12),
28respectively, and a new subsection (6) is added to that section,
29to read:
30     287.055  Acquisition of professional architectural,
31engineering, landscape architectural, or surveying and mapping
32services; definitions; procedures; contingent fees prohibited;
34     (2)  DEFINITIONS.-For purposes of this section:
35     (g)  A "continuing contract" is a contract for professional
36services entered into in accordance with all the procedures of
37this act between an agency and a firm whereby the firm provides
38professional services to the agency for projects in which the
39estimated construction cost of each individual project under the
40contract does not exceed $2 million, for study activity if the
41fee for professional services for each individual study under
42the contract does not exceed $200,000, or for work of a
43specified nature as outlined in the contract required by the
44agency, with the contract having being for a fixed term or with
45no time limitation, except that the contract must provide a
46termination clause. Firms providing professional services under
47continuing contracts shall not be required to bid against one
49     (m)  "Best value selection" means the selection of a firm
50or firms whose proposal provides the greatest overall benefit to
51an agency in accordance with the requirements of a formal
54     (b)  The agency shall select in order of preference no
55fewer than three firms deemed to be the most highly qualified to
56perform the required services, except in instances where fewer
57than three firms respond to the public announcement. In
58determining whether a firm is qualified, the agency shall
59consider such factors as the ability of professional personnel;
60whether a firm is a certified minority business enterprise; past
61performance; willingness to meet time and budget requirements;
62location; recent, current, and projected workloads of the firms;
63and the volume of work previously awarded to each firm by the
64agency, with the object of effecting an equitable distribution
65of contracts among qualified firms, provided such distribution
66does not violate the principle of selection of the most highly
67qualified firms. The agency may request, accept, and consider
68proposals for the compensation to be paid under the contract
69only during competitive negotiations under subsection (5).
70     (e)  The agency shall have the right to reject any or all
71submissions received in response to the public announcement.
73     (d)  The agency may, in its discretion, award contracts to
74multiple firms.
76     (a)  An agency may, at its discretion, purchase
77professional services utilizing a best value selection process,
78subject to requirements provided in this subsection. The agency
79shall make such purchases in accordance with this chapter and
80rules applicable to the agency.
81     (b)  Each agency shall adopt rules governing the use of the
82best value selection process in choosing a firm or firms.
83Procedures for the use of the best value selection process must
84include, at a minimum:
85     1.  The preparation and distribution of a public
86solicitation consistent with the requirements of subsection (3).
87The public solicitation shall contain the criteria, procedures,
88and standards for the evaluation of proposals considered under
89subparagraph 3.
90     2.  The initial evaluation of proposals received in
91accordance with the requirements of paragraph (4)(a).
92     3.  A two-stage selection process which shall, at a
93minimum, adhere to the following procedures and requirements:
94     a.  Except as otherwise provided in this section, under the
95initial stage of the selection process, competing firms shall be
96evaluated using the criteria set forth in paragraph (4)(b) and
97the agency shall select a firm or firms based on the
98evaluations. Proposals for compensation to be paid under the
99contract may not be solicited or accepted during this stage of
100the process.
101     b.  Under the second stage of the process, the firms
102selected shall be asked to submit a compensation proposal for
103the proposed work. The proposal shall be evaluated along with
104the information obtained under sub-subparagraph a. and any other
105information the agency chooses to request with the compensation
106proposal to make a best value selection.
107     4.  A requirement that the criterion pertaining to
108compensation may not exceed 50 percent of the total weight of
109the published evaluation criteria.
110     5.  Authority of an agency head to negotiate with the best
111firm available in the event of a declared state of emergency
112pursuant to s. 252.36.
113     Section 2.  This act shall take effect July 1, 2012.

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