Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 2036
                                Barcode 559958                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/23/2012           .                                

       The Committee on Rules (Alexander) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 94 - 101
    4  and insert:
    5         Section 2. Subsection (4) of section 287.0571, Florida
    6  Statutes, is amended to read:
    7         287.0571 Business case to outsource; applicability.—
    8         (4) An agency must shall complete a business case for any
    9  outsourcing project that has an expected cost in excess of $10
   10  million within a single fiscal year. The business case shall be
   11  submitted pursuant to s. 216.023. The business case shall be
   12  prepared and made publicly available on the agency’s website
   13  before the issuance as part of the solicitation but is not
   14  subject to challenge and must shall include the following:
   15         (a) A detailed description of the service or activity for
   16  which the outsourcing is proposed.
   17         (b) A description and analysis of the state agency’s
   18  current performance, based on existing performance metrics if
   19  the state agency is currently performing the service or
   20  activity.
   21         (c) The goals desired to be achieved through the proposed
   22  outsourcing and the rationale for such goals.
   23         (d) A citation to the existing or proposed legal authority
   24  for outsourcing the service or activity.
   25         (e) A description of available options for achieving the
   26  goals. If state employees are currently performing the service
   27  or activity, at least one option involving maintaining state
   28  provision of the service or activity must shall be included.
   29         (f) An analysis of the advantages and disadvantages of each
   30  option, including, at a minimum, potential performance
   31  improvements and risks.
   32         (g) A description of the current market for the contractual
   33  services that are under consideration for outsourcing.
   34         (h) A cost-benefit analysis documenting the direct and
   35  indirect specific baseline costs, savings, and qualitative and
   36  quantitative benefits involved in or resulting from the
   37  implementation of the recommended option or options. Such
   38  analysis must specify the schedule that, at a minimum, must be
   39  adhered to in order to achieve the estimated savings. All
   40  elements of cost must be clearly identified in the cost-benefit
   41  analysis, described in the business case, and supported by
   42  applicable records and reports. The state agency head shall
   43  attest that, based on the data and information underlying the
   44  business case, to the best of his or her knowledge, all
   45  projected costs, savings, and benefits are valid and achievable.
   46  As used in this section, the term “cost” means the reasonable,
   47  relevant, and verifiable cost, which may include, but is not
   48  limited to, elements such as personnel, materials and supplies,
   49  services, equipment, capital depreciation, rent, maintenance and
   50  repairs, utilities, insurance, personnel travel, overhead, and
   51  interim and final payments. The appropriate elements shall
   52  depend on the nature of the specific initiative. As used in this
   53  paragraph, the term “savings” means the difference between the
   54  direct and indirect actual annual baseline costs compared to the
   55  projected annual cost for the contracted functions or
   56  responsibilities in any succeeding state fiscal year during the
   57  term of the contract.
   58         (i) A description of differences among current state agency
   59  policies and processes and, as appropriate, a discussion of
   60  options for or a plan to standardize, consolidate, or revise
   61  current policies and processes, if any, to reduce the
   62  customization of any proposed solution that would otherwise be
   63  required.
   64         (j) A description of the specific performance standards
   65  that must, at a minimum, must be met to ensure adequate
   66  performance.
   67         (k) The projected timeframe for key events from the
   68  beginning of the procurement process through the expiration of a
   69  contract.
   70         (l) A plan to ensure compliance with the public records
   71  law.
   72         (m) A specific and feasible contingency plan addressing
   73  contractor nonperformance and a description of the tasks
   74  involved in and costs required for its implementation.
   75         (n) A state agency’s transition plan for addressing changes
   76  in the number of agency personnel, affected business processes,
   77  employee transition issues, and communication with affected
   78  stakeholders, such as agency clients and the public. The
   79  transition plan must contain a reemployment and retraining
   80  assistance plan for employees who are not retained by the state
   81  agency or employed by the contractor.
   82         (o) A plan for ensuring access by persons with disabilities
   83  in compliance with applicable state and federal law.
   85  ================= T I T L E  A M E N D M E N T ================
   86         And the title is amended as follows:
   87         Delete lines 9 - 13
   88  and insert:
   89         executed; amending s. 287.0571, F.S.; requiring an
   90         agency to publicly publish the business case prepared
   91         for an outsourcing project on the agency’s website;