Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 934
       
       
       
       
       
       
                                Ì208382/Î208382                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Community Affairs (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 15
    4  insert:
    5         Section 1. Paragraphs (b) and (c) of subsection (1) of
    6  section 255.20, Florida Statutes, are amended to read:
    7         255.20 Local bids and contracts for public construction
    8  works; specification of state-produced lumber.—
    9         (1) A county, municipality, special district as defined in
   10  chapter 189, or other political subdivision of the state seeking
   11  to construct or improve a public building, structure, or other
   12  public construction works must competitively award to an
   13  appropriately licensed contractor each project that is estimated
   14  in accordance with generally accepted cost-accounting principles
   15  to cost more than $300,000. For electrical work, the local
   16  government must competitively award to an appropriately licensed
   17  contractor each project that is estimated in accordance with
   18  generally accepted cost-accounting principles to cost more than
   19  $75,000. As used in this section, the term “competitively award”
   20  means to award contracts based on the submission of sealed bids,
   21  proposals submitted in response to a request for proposal,
   22  proposals submitted in response to a request for qualifications,
   23  or proposals submitted for competitive negotiation. This
   24  subsection expressly allows contracts for construction
   25  management services, design/build contracts, continuation
   26  contracts based on unit prices, and any other contract
   27  arrangement with a private sector contractor permitted by any
   28  applicable municipal or county ordinance, by district
   29  resolution, or by state law. For purposes of this section, cost
   30  includes the cost of all labor, except inmate labor, and the
   31  cost of equipment and materials to be used in the construction
   32  of the project. Subject to the provisions of subsection (3), the
   33  county, municipality, special district, or other political
   34  subdivision may establish, by municipal or county ordinance or
   35  special district resolution, procedures for conducting the
   36  bidding process.
   37         (b) For contractors who are not prequalified by the
   38  Department of Transportation, the governmental entity shall
   39  publish prequalification criteria and procedures prior to
   40  advertisement or notice of solicitation. In establishing
   41  prequalification criteria, the governmental entity may not
   42  impose more stringent qualification standards than such
   43  standards required by the Department of Transportation to
   44  perform the type of work described in the advertisement or
   45  notice of solicitation. Such publications must include notice of
   46  a public hearing for comment on such criteria and procedures
   47  prior to adoption. The procedures must provide for an appeal
   48  process within the authority for making objections to the
   49  prequalification process with de novo review based on the record
   50  below to the circuit court within 30 days.
   51         (c) The provisions of this subsection do not apply:
   52         1. If the project is undertaken to replace, reconstruct, or
   53  repair an existing public building, structure, or other public
   54  construction works damaged or destroyed by a sudden unexpected
   55  turn of events such as an act of God, riot, fire, flood,
   56  accident, or other urgent circumstances, and such damage or
   57  destruction creates:
   58         a. An immediate danger to the public health or safety;
   59         b. Other loss to public or private property which requires
   60  emergency government action; or
   61         c. An interruption of an essential governmental service.
   62         2. If, after notice by publication in accordance with the
   63  applicable ordinance or resolution, the governmental entity does
   64  not receive any responsive bids or proposals.
   65         3. To construction, remodeling, repair, or improvement to a
   66  public electric or gas utility system if such work on the public
   67  utility system is performed by personnel of the system.
   68         4. To construction, remodeling, repair, or improvement by a
   69  utility commission whose major contracts are to construct and
   70  operate a public electric utility system.
   71         5. If the project is undertaken as repair or maintenance of
   72  an existing public facility. For the purposes of this paragraph,
   73  the term “repair” means a corrective action to restore an
   74  existing public facility to a safe and functional condition and
   75  the term “maintenance” means a preventive or corrective action
   76  to maintain an existing public facility in an operational state
   77  or to preserve the facility from failure or decline. Repair or
   78  maintenance includes activities that are necessarily incidental
   79  to repairing or maintaining the facility. Repair or maintenance
   80  does not include the construction of any new building,
   81  structure, or other public construction works or any substantial
   82  addition, extension, or upgrade to an existing public facility.
   83  Such additions, extensions, or upgrades shall be considered
   84  substantial if the estimated cost of the additions, extensions,
   85  or upgrades included as part of the repair or maintenance
   86  project exceeds the threshold amount in subsection (1) and
   87  exceeds 20 percent of the estimated total cost of the repair or
   88  maintenance project using generally accepted cost-accounting
   89  principles that fully account for all costs associated with
   90  performing and completing the work, including employee
   91  compensation and benefits, equipment cost and maintenance,
   92  insurance costs, and materials. An addition, extension, or
   93  upgrade shall not be considered substantial if it is undertaken
   94  pursuant to the conditions specified in subparagraph 1. Repair
   95  and maintenance projects and any related additions, extensions,
   96  or upgrades may not be divided into multiple projects for the
   97  purpose of evading the requirements of this subparagraph.
   98         6. If the project is undertaken exclusively as part of a
   99  public educational program.
  100         7. If the funding source of the project will be diminished
  101  or lost because the time required to competitively award the
  102  project after the funds become available exceeds the time within
  103  which the funding source must be spent.
  104         8. If the local government competitively awarded a project
  105  to a private sector contractor and the contractor abandoned the
  106  project before completion or the local government terminated the
  107  contract.
  108         9. If the governing board of the local government complies
  109  with all of the requirements of this subparagraph, conducts a
  110  public meeting under s. 286.011 after public notice, and finds
  111  by majority vote of the governing board that it is in the
  112  public’s best interest to perform the project using its own
  113  services, employees, and equipment. The public notice must be
  114  published at least 21 days before the date of the public meeting
  115  at which the governing board takes final action. The notice must
  116  identify the project, the components and scope of the work, and
  117  the estimated cost of the project using generally accepted cost
  118  accounting principles that fully account for all costs
  119  associated with performing and completing the work, including
  120  employee compensation and benefits, equipment cost and
  121  maintenance, insurance costs, and materials. The notice must
  122  specify that the purpose for the public meeting is to consider
  123  whether it is in the public’s best interest to perform the
  124  project using the local government’s own services, employees,
  125  and equipment. Upon publication of the public notice and for 21
  126  days thereafter, the local government shall make available for
  127  public inspection, during normal business hours and at a
  128  location specified in the public notice, a detailed itemization
  129  of each component of the estimated cost of the project and
  130  documentation explaining the methodology used to arrive at the
  131  estimated cost. At the public meeting, any qualified contractor
  132  or vendor who could have been awarded the project had the
  133  project been competitively bid shall be provided with a
  134  reasonable opportunity to present evidence to the governing
  135  board regarding the project and the accuracy of the local
  136  government’s estimated cost of the project. In deciding whether
  137  it is in the public’s best interest for the local government to
  138  perform a project using its own services, employees, and
  139  equipment, the governing board must consider the estimated cost
  140  of the project and the accuracy of the estimated cost in light
  141  of any other information that may be presented at the public
  142  meeting and whether the project requires an increase in the
  143  number of government employees or an increase in capital
  144  expenditures for public facilities, equipment, or other capital
  145  assets. The local government may further consider the impact on
  146  local economic development, the impact on small and minority
  147  business owners, the impact on state and local tax revenues,
  148  whether the private sector contractors provide health insurance
  149  and other benefits equivalent to those provided by the local
  150  government, and any other factor relevant to what is in the
  151  public’s best interest.
  152         10. If the governing board of the local government
  153  determines upon consideration of specific substantive criteria
  154  that it is in the best interest of the local government to award
  155  the project to an appropriately licensed private sector
  156  contractor pursuant to administrative procedures established by
  157  and expressly set forth in a charter, ordinance, or resolution
  158  of the local government adopted before July 1, 1994. The
  159  criteria and procedures must be set out in the charter,
  160  ordinance, or resolution and must be applied uniformly by the
  161  local government to avoid awarding a project in an arbitrary or
  162  capricious manner. This exception applies only if all of the
  163  following occur:
  164         a. The governing board of the local government, after
  165  public notice, conducts a public meeting under s. 286.011 and
  166  finds by a two-thirds vote of the governing board that it is in
  167  the public’s best interest to award the project according to the
  168  criteria and procedures established by charter, ordinance, or
  169  resolution. The public notice must be published at least 14 days
  170  before the date of the public meeting at which the governing
  171  board takes final action. The notice must identify the project,
  172  the estimated cost of the project, and specify that the purpose
  173  for the public meeting is to consider whether it is in the
  174  public’s best interest to award the project using the criteria
  175  and procedures permitted by the preexisting charter, ordinance,
  176  or resolution.
  177         b. The project is to be awarded by any method other than a
  178  competitive selection process, and the governing board finds
  179  evidence that:
  180         (I) There is one appropriately licensed contractor who is
  181  uniquely qualified to undertake the project because that
  182  contractor is currently under contract to perform work that is
  183  affiliated with the project; or
  184         (II) The time to competitively award the project will
  185  jeopardize the funding for the project, materially increase the
  186  cost of the project, or create an undue hardship on the public
  187  health, safety, or welfare.
  188         c. The project is to be awarded by any method other than a
  189  competitive selection process, and the published notice clearly
  190  specifies the ordinance or resolution by which the private
  191  sector contractor will be selected and the criteria to be
  192  considered.
  193         d. The project is to be awarded by a method other than a
  194  competitive selection process, and the architect or engineer of
  195  record has provided a written recommendation that the project be
  196  awarded to the private sector contractor without competitive
  197  selection, and the consideration by, and the justification of,
  198  the government body are documented, in writing, in the project
  199  file and are presented to the governing board prior to the
  200  approval required in this paragraph.
  201         11. To projects subject to chapter 337 336.
  202  
  203  ================= T I T L E  A M E N D M E N T ================
  204  And the title is amended as follows:
  205         Delete line 2
  206  and insert:
  207         An act relating to public works projects; amending s.
  208         255.20, F.S.; providing a limitation with respect to
  209         prequalification criteria that a governmental entity
  210         may require in connection with bids and contracts for
  211         public construction works; revising an exception to
  212         the competitive bid requirements; providing