Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1616
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LEGISLATIVE ACTION
Senate . House
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The Committee on Governmental Oversight and Accountability
(Brodeur) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Notwithstanding the expiration date in section
6 106 of chapter 2020-114, Laws of Florida, section 216.1366,
7 Florida Statutes, is reenacted and amended to read:
8 216.1366 Contract terms.—
9 (1) In order to preserve the interest of the state in the
10 prudent expenditure of state funds, each public agency contract
11 for services entered into or amended on or after July 1, 2020,
12 shall authorize the public agency to inspect the:
13 (a) Financial records, papers, and documents of the
14 contractor that are directly related to the performance of the
15 contract or the expenditure of state funds.
16 (b) Programmatic records, papers, and documents of the
17 contractor which the public agency determines are necessary to
18 monitor the performance of the contract or to ensure that the
19 terms of the contract are being met.
20 (2) The contract shall require the contractor to provide
21 such records, papers, and documents requested by the public
22 agency within 10 business days after the request is made.
23 (3) This section expires July 1, 2021.
24 Section 2. Subsection (16) of section 287.042, Florida
25 Statutes, is amended to read:
26 287.042 Powers, duties, and functions.—The department shall
27 have the following powers, duties, and functions:
28 (16) To evaluate contracts let by the Federal Government,
29 another state, or a political subdivision for the provision of
30 commodities and contract services, and, if it is determined by
31 the Secretary of Management Services in writing to be cost
32 effective and in the best value to interest of the state, to
33 enter into a written agreement authorizing an agency to make
34 purchases under such contract.
35 Section 3. Subsection (2) of section 287.056, Florida
36 Statutes, is amended, and subsection (4) is added to that
37 section, to read:
38 287.056 Purchases from purchasing agreements and state term
39 contracts.—
40 (2) Agencies and eligible users may use a request for quote
41 to obtain written pricing or services information from a state
42 term contract vendor for commodities or contractual services
43 available on state term contract from that vendor. The purpose
44 of a request for quote is to determine whether a price, term, or
45 condition more favorable to the agency or eligible user than
46 that provided in the state term contract is available. If an
47 agency issues a request for quote for contractual services for
48 any contract with 100 vendors or fewer, the agency must issue a
49 request for quote to all vendors approved to provide such
50 contractual services. For any contract with more than 100
51 vendors, the agency must issue a request for quote to a minimum
52 of 100 vendors approved to provide such contractual services.
53 Use of a request for quote does not constitute a decision or
54 intended decision that is subject to protest under s. 120.57(3).
55 (4) A firm or individual placed on the suspended vendor
56 list pursuant to s. 287.1351 or placed on a disqualified vendor
57 list pursuant to s. 287.133 or s. 287.134 is immediately
58 disqualified from state term contract eligibility.
59 Section 4. Present subsections (4) through (16) and (17)
60 through (23) of section 287.057, Florida Statutes, are
61 redesignated as subsections (5) through (17) and (19) through
62 (25), respectively, new subsections (4) and (18) and subsection
63 (26) are added to that section, and paragraph (c) of subsection
64 (3) and present subsections (13) through (16) of that section
65 are amended, to read:
66 287.057 Procurement of commodities or contractual
67 services.—
68 (3) If the purchase price of commodities or contractual
69 services exceeds the threshold amount provided in s. 287.017 for
70 CATEGORY TWO, purchase of commodities or contractual services
71 may not be made without receiving competitive sealed bids,
72 competitive sealed proposals, or competitive sealed replies
73 unless:
74 (c) Commodities or contractual services available only from
75 a single source may be excepted from the competitive
76 solicitation requirements. If an agency believes that
77 commodities or contractual services are available only from a
78 single source, the agency shall electronically post a
79 description of the commodities or contractual services sought
80 for at least 15 7 business days. The description must include a
81 request that prospective vendors provide information regarding
82 their ability to supply the commodities or contractual services
83 described. If it is determined in writing by the agency, after
84 reviewing any information received from prospective vendors that
85 the commodities or contractual services are available only from
86 a single source, the agency shall provide notice of its intended
87 decision to enter a single-source purchase contract in the
88 manner specified in s. 120.57(3). Each agency shall report all
89 such actions to the department on a quarterly basis in a manner
90 and form prescribed by the department, and the department shall
91 report such information to the Governor, the President of the
92 Senate, and the Speaker of the House of Representatives no later
93 than January 1, 2022, and each January 1 thereafter.
94 (4) A state agency may not initiate a competitive
95 solicitation for a product or service if the completion of such
96 competitive solicitation would:
97 (a) Require a change in law; or
98 (b) Require a change to the agency’s budget other than a
99 transfer authorized in s. 216.292(2) or (3), unless the
100 initiation of such competitive solicitation is specifically
101 authorized in law, in the General Appropriations Act, or by the
102 Legislative Budget Commission.
103 (c) This subsection does not apply to a competitive
104 solicitation for which the agency head certifies that a valid
105 emergency exists.
106 (14)(13) Contracts for commodities or contractual services
107 may be renewed for a period that may not exceed 3 years or the
108 term of the original contract, whichever is longer. Renewal of a
109 contract for commodities or contractual services must be in
110 writing and is subject to the same terms and conditions set
111 forth in the initial contract and any written amendments signed
112 by the parties. If the commodity or contractual service is
113 purchased as a result of the solicitation of bids, proposals, or
114 replies, the price of the commodity or contractual service to be
115 renewed must be specified in the bid, proposal, or reply, except
116 that an agency may negotiate lower pricing. A renewal contract
117 may not include any compensation for costs associated with the
118 renewal. Renewals are contingent upon satisfactory performance
119 evaluations by the agency and subject to the availability of
120 funds. Exceptional purchase contracts pursuant to paragraphs
121 (3)(a) and (c) may not be renewed. With the exception of
122 subsection (11) (10), if a contract amendment results in a
123 longer contract term or increased payments, a state agency may
124 not renew or amend a contract for the outsourcing of a service
125 or activity that has an original term value exceeding $5 $10
126 million before submitting a written report concerning contract
127 performance to the Governor, the President of the Senate, and
128 the Speaker of the House of Representatives at least 90 days
129 before execution of the renewal or amendment.
130 (15)(a)(14) For each contractual services contract, the
131 agency shall designate an employee to function as contract
132 manager who is responsible for enforcing performance of the
133 contract terms and conditions and serve as a liaison between
134 with the contractor and the agency. The contract manager may not
135 be an individual who has been employed, within the previous 5
136 years, by the vendor awarded the contractual services contract.
137 The primary responsibilities of a contract manager include, but
138 are not limited to:
139 1. Participating in the solicitation development and review
140 of contract documents.
141 2. Monitoring the contractor’s progress and performance to
142 ensure procured products and services conform to the contract
143 requirements and keeping timely records of findings.
144 3. Managing and documenting any changes to the contract
145 through the amendment process authorized by the terms of the
146 contract.
147 4. Monitoring the contract budget to ensure sufficient
148 funds are available throughout the term of the contract.
149 5. Exercising applicable remedies, as appropriate, when a
150 contractor’s performance is deficient.
151 (b)(a) Each contract manager who is responsible for
152 contracts in excess of the threshold amount for CATEGORY TWO
153 must, at a minimum, complete training conducted by the Chief
154 Financial Officer for accountability in contracts and grant
155 management. The Chief Financial Officer shall evaluate such
156 training every 5 years to assess its effectiveness and update
157 the training curriculum. The Chief Financial Officer shall
158 establish and disseminate uniform procedures pursuant to s.
159 17.03(3) to ensure that contractual services have been rendered
160 in accordance with the contract terms before the agency
161 processes the invoice for payment. The procedures must include,
162 but need not be limited to, procedures for monitoring and
163 documenting contractor performance, reviewing and documenting
164 all deliverables for which payment is requested by vendors, and
165 providing written certification by contract managers of the
166 agency’s receipt of goods and services.
167 (c)(b) Each contract manager who is responsible for
168 contracts in excess of $100,000 annually must, in addition to
169 the accountability in contracts and grant management training
170 required in paragraph (b) and within 6 months after being
171 assigned responsibility for such contracts, complete training in
172 contract management and become a certified contract manager. The
173 department is responsible for establishing and disseminating the
174 training and certification requirements for certified contract
175 managers. Training must promote best practices and procedures
176 related to negotiating, managing, and ensuring accountability in
177 agency contracts and grant agreements, which must include the
178 use of case studies based upon previous audits, contracts, and
179 grant agreements. A certified contract manager must complete
180 training every 5 years for certification renewal requirements
181 for certification which include completing the training
182 conducted by the Chief Financial Officer for accountability in
183 contracts and grant management. Training and certification must
184 be coordinated by the department, and the training must be
185 conducted jointly by the department and the Department of
186 Financial Services. The department shall evaluate such training
187 every 5 years to assess its effectiveness and update the
188 training curriculum Training must promote best practices and
189 procedures related to negotiating, managing, and ensuring
190 accountability in agency contracts and grant agreements, which
191 must include the use of case studies based upon previous audits,
192 contracts, and grant agreements. All agency contract managers
193 must become certified within 24 months after establishment of
194 the training and certification requirements by the department
195 and the Department of Financial Services.
196 (d) Each contract manager who is responsible for contracts
197 in excess of $10 million annually must, in addition to the
198 training required in paragraph (b) and the training and
199 certification required in paragraph (c), possess at least 5
200 years of experience managing contracts in excess of $5 million
201 annually.
202 (16)(15) Each agency shall designate at least one employee
203 who shall serve as a contract administrator responsible for
204 maintaining a contract file and financial information on all
205 contractual services contracts and who shall serve as a liaison
206 with the contract managers and the department. For a contract of
207 $500,000 or less annually, the contract administrator may also
208 serve as the contract manager if he or she has completed the
209 required training. For a contract in excess of $500,000
210 annually, the contract administrator may not serve as both the
211 contract administrator and the contract manager.
212 (17)(a)(16)(a) For a contract in excess of the threshold
213 amount provided in s. 287.017 for CATEGORY FOUR, the agency head
214 shall appoint:
215 1. At least three persons to independently evaluate
216 proposals and replies who collectively have experience and
217 knowledge in the program areas and service requirements for the
218 commodity which commodities or contractual services are sought.
219 2. At least three persons to a negotiation team to conduct
220 negotiations during a competitive sealed reply procurement. The
221 negotiation team members must who collectively have experience
222 and knowledge in negotiating contracts, contract procurement,
223 and the program areas and service requirements for the commodity
224 which commodities or contractual services are sought.
225 (b)1. If the value of a contract is in excess of $1 million
226 in any fiscal year, at least one of the persons conducting
227 negotiations must be certified as a certified contract
228 negotiator based upon department rules in order to ensure that
229 certified contract negotiators are knowledgeable about effective
230 negotiation strategies, capable of successfully implementing
231 those strategies, and involved appropriately in the procurement
232 process. At a minimum, the rules must address the qualifications
233 required for certification, the method of certification, and the
234 procedure for involving the certified negotiator.
235 2. If the value of a contract is in excess of $10 million
236 in any fiscal year, at least one of the persons conducting
237 negotiations must be a Project Management Professional, as
238 certified by the Project Management Institute. The Project
239 Management Professional shall provide guidance based on his or
240 her experience, education, and competency to lead and direct
241 complex projects.
242 3. The department is responsible for establishing and
243 disseminating the certification and training requirements for
244 certified contract negotiators. Training must ensure that
245 certified contract negotiators are knowledgeable about effective
246 negotiation strategies, capable of successfully implementing
247 those strategies, and involved appropriately in the procurement
248 process. The department shall evaluate such training every 5
249 years in order to assess its effectiveness and update the
250 training curriculum. A certified contract negotiator is required
251 to complete training every 5 years for certification renewal.
252 Qualification requirements for certification must include:
253 a. At least 12 months’ experience as a purchasing agent,
254 contract manager, or contract administrator for an agency or a
255 local governmental entity where at least 50 percent of the
256 designated duties included procuring commodities or contractual
257 services; participating in contract negotiation, contract
258 management, or contract administration; or working as an agency
259 attorney whose duties included providing legal counsel to the
260 agency’s purchasing or contracting staff; and
261 b. Experience during the preceding 5 years in leading at
262 least two federal, state, or local government negotiation teams
263 through a negotiated procurement, or participation in at least
264 three federal, state, or local government-negotiated
265 procurements.
266 (18) Any person who supervises contract administrators or
267 contract or grant managers who meet criteria for certification
268 in subsection (15) shall annually complete public procurement
269 training for supervisors within 12 months after appointment to
270 the supervisory position. The department is responsible for
271 establishing and disseminating the training course content
272 required for supervisors, and training shall commence no later
273 than July 1, 2022.
274 (26)(a) For each contractual services contract in excess of
275 $1 million, the agency head shall establish a continuing
276 oversight team after the contract has been awarded. The agency
277 head shall appoint at least four persons, one of whom must be
278 the certified contract manager, to the continuing oversight
279 team. If the value of the contractual services contract is in
280 excess of $5 million, at least one of the persons on the
281 continuing oversight team must possess at least 5 years of
282 experience in managing contracts of a similar scope or size. If
283 the value of the contractual services contract is in excess of
284 $20 million, the continuing oversight team shall consist of at
285 least five persons, at least one of the persons on the
286 continuing oversight team must be from a state agency other than
287 the agency or agencies participating in the contract. Members of
288 the continuing oversight team must be employees of the state and
289 must collectively have experience and knowledge in contract
290 management, contract administration, contract enforcement, and
291 the program areas and service requirements for the contractual
292 services purchased.
293 (b)1. For contracts in excess of $1 million, each
294 continuing oversight team must meet at least quarterly.
295 2. For contracts in excess of $10 million, each continuing
296 oversight team must meet at least monthly. A representative of
297 the contractor must be made available to members of the
298 continuing oversight team for at least one meeting every
299 calendar quarter to respond to any questions or requests for
300 information from the continuing oversight team concerning
301 contractor performance.
302 (c)1. Within 30 days after the formation of the continuing
303 oversight team, the continuing oversight team must convene an
304 initial meeting with representatives of the contractor to
305 achieve a mutual understanding of the contract requirements, to
306 provide the contractor with an orientation to the contract
307 management process, and to provide an explanation of the role of
308 the continuing oversight team, contract manager, and contract
309 administrator.
310 2. The continuing oversight team must meet to discuss the
311 status of the contract, the pace of deliverables, the quality of
312 deliverables, contractor responsiveness, and contractor
313 performance. The contract administrator must be present at each
314 meeting with the contract file and all applicable financial
315 information. The continuing oversight team may submit written
316 questions to the contractor concerning any items discussed
317 during a continuing oversight team meeting. The contractor must
318 respond to the team’s questions within 10 business days after
319 receiving the written questions. The questions and responses
320 must be included in the contract file.
321 (d) The continuing oversight team must notify, in writing:
322 1. The agency head and the department of any deficiency in
323 a contractor’s performance which substantially affects the pace
324 of deliverables or the likelihood of the successful completion
325 of the contract.
326 2. The agency head, the department, and the Office of
327 Policy and Budget in the Executive Office of the Governor of any
328 significant change in contract scope or any increase in the cost
329 of the contract which is 5 percent of the planned contract cost
330 or greater within the fiscal year for contractual service
331 contracts of at least $5 million.
332 3. The agency head, the department, the Office of Policy
333 and Budget in the Executive Office of the Governor, and the
334 legislative appropriations committees of any significant change
335 in contract scope or any increase in the cost of the contract
336 which is 5 percent of the planned contract cost or greater
337 within the fiscal year for contractual service contracts of $10
338 million or greater.
339 Section 5. Subsection (7) is added to section 287.058,
340 Florida Statutes, to read:
341 287.058 Contract document.—
342 (7) A contract may not contain a nondisclosure clause that
343 prohibits the contractor from disclosing information relevant to
344 the performance of the contract to members or staff of the
345 Senate or the House of Representatives.
346 Section 6. Section 287.1351, Florida Statutes, is created
347 to read:
348 287.1351 Suspended vendors; state contracts.—
349 (1) As used in this section, the term “vendor” means a
350 person or an entity that provides goods or services to an agency
351 under a contract or submits a bid, proposal, or reply to provide
352 goods or services to an agency.
353 (2)(a) A vendor that is in default on any contract with an
354 agency or has otherwise repeatedly demonstrated a recent
355 inability to fulfill the terms and conditions of previous state
356 contracts or to adequately perform its duties under those
357 contracts may not submit a bid, proposal, or reply to an agency
358 or enter into or renew a contract to provide any goods or
359 services to an agency after its placement, pursuant to this
360 section, on the suspended vendor list.
361 (b) An agency may not accept a bid, proposal, or reply
362 from, or enter into or renew any contract with, a vendor on the
363 suspended vendor list until such vendor has been removed from
364 the suspended vendor list and returned to the vendor list
365 maintained by the department pursuant to s. 287.042(1)(a) and
366 (b) and the vendor has reimbursed the agency for any
367 reprocurement costs.
368 (3) An agency shall notify the department of any vendor
369 that has met the grounds for suspension described in paragraph
370 (2)(a). The agency must provide documentation to the department
371 evidencing the vendor’s default or other grounds for suspension.
372 The department shall review the documentation provided and
373 determine whether good cause exists to remove the vendor from
374 the vendor list and to place it on the suspended vendor list. If
375 good cause exists, the department must notify the vendor in
376 writing of its intent to remove the vendor from the vendor list
377 and of the vendor’s right to an administrative hearing and the
378 applicable procedures and time requirements for any such
379 hearing. If the vendor does not request an administrative
380 hearing, the department must enter a final order removing the
381 vendor from the vendor list. A vendor may not be removed from
382 the vendor list without receiving an individual notice of intent
383 from the department.
384 (4) Within 21 days after receipt of the notice of intent,
385 the vendor may file with the department a petition for a formal
386 hearing pursuant to ss. 120.569 and 120.57 to challenge the
387 department’s decision to remove the vendor from the vendor list.
388 A vendor that fails to timely file a petition in accordance with
389 this subsection is deemed to have waived its right to a hearing,
390 and the department’s decision to remove the vendor from the
391 vendor list becomes final agency action.
392 (5)(a) The department shall place any vendor removed from
393 the vendor list pursuant to this section on the suspended vendor
394 list. One year or more after entry of the final order of its
395 suspension, a suspended vendor may file a petition with the
396 department for removal from the suspended vendor list. The
397 proceeding on the petition must be conducted in accordance with
398 chapter 120. The vendor may be removed from the suspended vendor
399 list if the administrative law judge determines that removal
400 from the list would be in the public interest. In determining
401 whether removal from the list would be in the public interest,
402 the administrative law judge may consider, but is not limited
403 to, whether the suspended vendor has prepared a corrective
404 action plan that addresses the original grounds for default or
405 failure to fulfill the terms and conditions of the contract,
406 reimbursed the agency for any reprocurement costs, or provided
407 additional evidence that the vendor has taken other remedial
408 action.
409 (b) If a petition for removal from the suspended vendor
410 list is denied, the vendor may not petition for another hearing
411 on removal for a period of at least 9 months after the date of
412 the denial. The department may petition for the suspended
413 vendor’s removal before the expiration of such period if, in the
414 department’s discretion, the department determines that removal
415 from the suspended vendor list would be in the public interest.
416 Section 7. Section 287.136, Florida Statutes, is amended to
417 read:
418 287.136 Audit of executed contract documents.—
419 (1) After execution of a contract, the Chief Financial
420 Officer shall perform audits of the executed contract document
421 and contract manager’s records to ensure that adequate internal
422 controls are in place for complying with the terms and
423 conditions of the contract and for the validation and receipt of
424 goods and services.
425 (a)(1) At the conclusion of the audit, the Chief Financial
426 Officer’s designee shall discuss the audit and potential
427 findings with the official whose office is subject to audit. The
428 final audit report shall be submitted to the agency head.
429 (b)(2) Within 30 days after receipt of the final audit
430 report, the agency head shall submit to the Chief Financial
431 Officer or designee his or her written statement of explanation
432 or rebuttal concerning findings requiring corrective action,
433 including corrective action to be taken to preclude a
434 recurrence.
435 (2) Beginning October 1, 2021, and every 3 years
436 thereafter, each agency inspector general shall complete a risk
437 based compliance audit of all contracts executed by the agency
438 for the preceding 3 fiscal years. The audit must include an
439 evaluation of and identify any trend in vendor preference. The
440 audit findings must be submitted to the agency head, the
441 Secretary of the Department of Management Services, and the
442 Governor.
443 Section 8. Subsection (1) of section 43.16, Florida
444 Statutes, is amended to read:
445 43.16 Justice Administrative Commission; membership, powers
446 and duties.—
447 (1) There is hereby created a Justice Administrative
448 Commission, with headquarters located in the state capital. The
449 necessary office space for use of the commission shall be
450 furnished by the proper state agency in charge of state
451 buildings. For purposes of the fees imposed on agencies pursuant
452 to s. 287.057(24) s. 287.057(22), the Justice Administrative
453 Commission shall be exempt from such fees.
454 Section 9. Paragraph (a) of subsection (2) of section
455 215.971, Florida Statutes, is amended to read:
456 215.971 Agreements funded with federal or state
457 assistance.—
458 (2) For each agreement funded with federal or state
459 financial assistance, the state agency shall designate an
460 employee to function as a grant manager who shall be responsible
461 for enforcing performance of the agreement’s terms and
462 conditions and who shall serve as a liaison with the recipient
463 or subrecipient.
464 (a)1. Each grant manager who is responsible for agreements
465 in excess of the threshold amount for CATEGORY TWO under s.
466 287.017 must, at a minimum, complete training conducted by the
467 Chief Financial Officer for accountability in contracts and
468 grant management.
469 2. Effective December 1, 2014, each grant manager
470 responsible for agreements in excess of $100,000 annually must
471 complete the training and become a certified contract manager as
472 provided under s. 287.057(15) s. 287.057(14). All grant managers
473 must become certified contract managers within 24 months after
474 establishment of the training and certification requirements by
475 the Department of Management Services and the Department of
476 Financial Services.
477 Section 10. Paragraph (a) of subsection (3) of section
478 287.0571, Florida Statutes, is amended to read:
479 287.0571 Business case to outsource; applicability.—
480 (3) This section does not apply to:
481 (a) A procurement of commodities and contractual services
482 listed in s. 287.057(3)(d) and (e) and (23) (21).
483 Section 11. Paragraph (b) of subsection (4) of section
484 295.187, Florida Statutes, is amended to read:
485 295.187 Florida Veteran Business Enterprise Opportunity
486 Act.—
487 (4) VENDOR PREFERENCE.—
488 (b) Notwithstanding s. 287.057(12) s. 287.057(11), if a
489 veteran business enterprise entitled to the vendor preference
490 under this section and one or more businesses entitled to this
491 preference or another vendor preference provided by law submit
492 bids, proposals, or replies for procurement of commodities or
493 contractual services which are equal with respect to all
494 relevant considerations, including price, quality, and service,
495 the state agency shall award the procurement or contract to the
496 business having the smallest net worth.
497 Section 12. Paragraph (a) of subsection (1) of section
498 394.47865, Florida Statutes, is amended to read:
499 394.47865 South Florida State Hospital; privatization.—
500 (1) The Department of Children and Families shall, through
501 a request for proposals, privatize South Florida State Hospital.
502 The department shall plan to begin implementation of this
503 privatization initiative by July 1, 1998.
504 (a) Notwithstanding s. 287.057(14) s. 287.057(13), the
505 department may enter into agreements, not to exceed 20 years,
506 with a private provider, a coalition of providers, or another
507 agency to finance, design, and construct a treatment facility
508 having up to 350 beds and to operate all aspects of daily
509 operations within the facility. The department may subcontract
510 any or all components of this procurement to a statutorily
511 established state governmental entity that has successfully
512 contracted with private companies for designing, financing,
513 acquiring, leasing, constructing, and operating major privatized
514 state facilities.
515 Section 13. Paragraph (b) of subsection (2) and subsection
516 (3) of section 402.7305, Florida Statutes, are amended to read:
517 402.7305 Department of Children and Families; procurement
518 of contractual services; contract management.—
519 (2) PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.—
520 (b) When it is in the best interest of a defined segment of
521 its consumer population, the department may competitively
522 procure and contract for systems of treatment or service that
523 involve multiple providers, rather than procuring and
524 contracting for treatment or services separately from each
525 participating provider. The department must ensure that all
526 providers that participate in the treatment or service system
527 meet all applicable statutory, regulatory, service quality, and
528 cost control requirements. If other governmental entities or
529 units of special purpose government contribute matching funds to
530 the support of a given system of treatment or service, the
531 department shall formally request information from those funding
532 entities in the procurement process and may take the information
533 received into account in the selection process. If a local
534 government contributes matching funds to support the system of
535 treatment or contracted service and if the match constitutes at
536 least 25 percent of the value of the contract, the department
537 shall afford the governmental match contributor an opportunity
538 to name an employee as one of the persons required by s.
539 287.057(17) s. 287.057(16) to evaluate or negotiate certain
540 contracts, unless the department sets forth in writing the
541 reason why the inclusion would be contrary to the best interest
542 of the state. Any employee so named by the governmental match
543 contributor shall qualify as one of the persons required by s.
544 287.057(17) s. 287.057(16). A governmental entity or unit of
545 special purpose government may not name an employee as one of
546 the persons required by s. 287.057(17) s. 287.057(16) if it, or
547 any of its political subdivisions, executive agencies, or
548 special districts, intends to compete for the contract to be
549 awarded. The governmental funding entity or contributor of
550 matching funds must comply with all procurement procedures set
551 forth in s. 287.057 when appropriate and required.
552 (3) CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.—The
553 Department of Children and Families shall review the time period
554 for which the department executes contracts and shall execute
555 multiyear contracts to make the most efficient use of the
556 resources devoted to contract processing and execution. Whenever
557 the department chooses not to use a multiyear contract, a
558 justification for that decision must be contained in the
559 contract. Notwithstanding s. 287.057(15) s. 287.057(14), the
560 department is responsible for establishing a contract management
561 process that requires a member of the department’s Senior
562 Management or Selected Exempt Service to assign in writing the
563 responsibility of a contract to a contract manager. The
564 department shall maintain a set of procedures describing its
565 contract management process which must minimally include the
566 following requirements:
567 (a) The contract manager shall maintain the official
568 contract file throughout the duration of the contract and for a
569 period not less than 6 years after the termination of the
570 contract.
571 (b) The contract manager shall review all invoices for
572 compliance with the criteria and payment schedule provided for
573 in the contract and shall approve payment of all invoices before
574 their transmission to the Department of Financial Services for
575 payment.
576 (c) The contract manager shall maintain a schedule of
577 payments and total amounts disbursed and shall periodically
578 reconcile the records with the state’s official accounting
579 records.
580 (d) For contracts involving the provision of direct client
581 services, the contract manager shall periodically visit the
582 physical location where the services are delivered and speak
583 directly to clients receiving the services and the staff
584 responsible for delivering the services.
585 (e) The contract manager shall meet at least once a month
586 directly with the contractor’s representative and maintain
587 records of such meetings.
588 (f) The contract manager shall periodically document any
589 differences between the required performance measures and the
590 actual performance measures. If a contractor fails to meet and
591 comply with the performance measures established in the
592 contract, the department may allow a reasonable period for the
593 contractor to correct performance deficiencies. If performance
594 deficiencies are not resolved to the satisfaction of the
595 department within the prescribed time, and if no extenuating
596 circumstances can be documented by the contractor to the
597 department’s satisfaction, the department must terminate the
598 contract. The department may not enter into a new contract with
599 that same contractor for the services for which the contract was
600 previously terminated for a period of at least 24 months after
601 the date of termination. The contract manager shall obtain and
602 enforce corrective action plans, if appropriate, and maintain
603 records regarding the completion or failure to complete
604 corrective action items.
605 (g) The contract manager shall document any contract
606 modifications, which shall include recording any contract
607 amendments as provided for in this section.
608 (h) The contract manager shall be properly trained before
609 being assigned responsibility for any contract.
610 Section 14. Subsection (2) of section 408.045, Florida
611 Statutes, is amended to read:
612 408.045 Certificate of need; competitive sealed proposals.—
613 (2) The agency shall make a decision regarding the issuance
614 of the certificate of need in accordance with the provisions of
615 s. 287.057(17) s. 287.057(16), rules adopted by the agency
616 relating to intermediate care facilities for the developmentally
617 disabled, and the criteria in s. 408.035, as further defined by
618 rule.
619 Section 15. Subsection (42) of section 570.07, Florida
620 Statutes, is amended to read:
621 570.07 Department of Agriculture and Consumer Services;
622 functions, powers, and duties.—The department shall have and
623 exercise the following functions, powers, and duties:
624 (42) Notwithstanding the provisions of s. 287.057(24) s.
625 287.057(22) that require all agencies to use the online
626 procurement system developed by the Department of Management
627 Services, the department may continue to use its own online
628 system. However, vendors utilizing such system shall be
629 prequalified as meeting mandatory requirements and
630 qualifications and shall remit fees pursuant to s. 287.057(24)
631 s. 287.057(22), and any rules implementing s. 287.057.
632 Section 16. Paragraph (e) of subsection (6) of section
633 627.351, Florida Statutes, is amended to read:
634 627.351 Insurance risk apportionment plans.—
635 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
636 (e) The corporation is subject to s. 287.057 for the
637 purchase of commodities and contractual services except as
638 otherwise provided in this paragraph. Services provided by
639 tradepersons or technical experts to assist a licensed adjuster
640 in the evaluation of individual claims are not subject to the
641 procurement requirements of this section. Additionally, the
642 procurement of financial services providers and underwriters
643 must be made pursuant to s. 627.3513. Contracts for goods or
644 services valued at or more than $100,000 are subject to approval
645 by the board.
646 1. The corporation is an agency for purposes of s. 287.057,
647 except that, for purposes of s. 287.057(24) s. 287.057(22), the
648 corporation is an eligible user.
649 a. The authority of the Department of Management Services
650 and the Chief Financial Officer under s. 287.057 extends to the
651 corporation as if the corporation were an agency.
652 b. The executive director of the corporation is the agency
653 head under s. 287.057, except for resolution of bid protests for
654 which the board would serve as the agency head.
655 2. The corporation must provide notice of a decision or
656 intended decision concerning a solicitation, contract award, or
657 exceptional purchase by electronic posting. Such notice must
658 contain the following statement: “Failure to file a protest
659 within the time prescribed in this section constitutes a waiver
660 of proceedings.”
661 a. A person adversely affected by the corporation’s
662 decision or intended decision to award a contract pursuant to s.
663 287.057(1) or (3)(c) who elects to challenge the decision must
664 file a written notice of protest with the executive director of
665 the corporation within 72 hours after the corporation posts a
666 notice of its decision or intended decision. For a protest of
667 the terms, conditions, and specifications contained in a
668 solicitation, including provisions governing the methods for
669 ranking bids, proposals, replies, awarding contracts, reserving
670 rights of further negotiation, or modifying or amending any
671 contract, the notice of protest must be filed in writing within
672 72 hours after posting the solicitation. Saturdays, Sundays, and
673 state holidays are excluded in the computation of the 72-hour
674 time period.
675 b. A formal written protest must be filed within 10 days
676 after the date the notice of protest is filed. The formal
677 written protest must state with particularity the facts and law
678 upon which the protest is based. Upon receipt of a formal
679 written protest that has been timely filed, the corporation must
680 stop the solicitation or contract award process until the
681 subject of the protest is resolved by final board action unless
682 the executive director sets forth in writing particular facts
683 and circumstances that require the continuance of the
684 solicitation or contract award process without delay in order to
685 avoid an immediate and serious danger to the public health,
686 safety, or welfare.
687 (I) The corporation must provide an opportunity to resolve
688 the protest by mutual agreement between the parties within 7
689 business days after receipt of the formal written protest.
690 (II) If the subject of a protest is not resolved by mutual
691 agreement within 7 business days, the corporation’s board must
692 transmit the protest to the Division of Administrative Hearings
693 and contract with the division to conduct a hearing to determine
694 the merits of the protest and to issue a recommended order. The
695 contract must provide for the corporation to reimburse the
696 division for any costs incurred by the division for court
697 reporters, transcript preparation, travel, facility rental, and
698 other customary hearing costs in the manner set forth in s.
699 120.65(9). The division has jurisdiction to determine the facts
700 and law concerning the protest and to issue a recommended order.
701 The division’s rules and procedures apply to these proceedings;
702 the division’s applicable bond requirements do not apply. The
703 protest must be heard by the division at a publicly noticed
704 meeting in accordance with procedures established by the
705 division.
706 c. In a protest of an invitation-to-bid or request-for
707 proposals procurement, submissions made after the bid or
708 proposal opening which amend or supplement the bid or proposal
709 may not be considered. In protesting an invitation-to-negotiate
710 procurement, submissions made after the corporation announces
711 its intent to award a contract, reject all replies, or withdraw
712 the solicitation that amends or supplements the reply may not be
713 considered. Unless otherwise provided by law, the burden of
714 proof rests with the party protesting the corporation’s action.
715 In a competitive-procurement protest, other than a rejection of
716 all bids, proposals, or replies, the administrative law judge
717 must conduct a de novo proceeding to determine whether the
718 corporation’s proposed action is contrary to the corporation’s
719 governing statutes, the corporation’s rules or policies, or the
720 solicitation specifications. The standard of proof for the
721 proceeding is whether the corporation’s action was clearly
722 erroneous, contrary to competition, arbitrary, or capricious. In
723 any bid-protest proceeding contesting an intended corporation
724 action to reject all bids, proposals, or replies, the standard
725 of review by the board is whether the corporation’s intended
726 action is illegal, arbitrary, dishonest, or fraudulent.
727 d. Failure to file a notice of protest or failure to file a
728 formal written protest constitutes a waiver of proceedings.
729 3. The board, acting as agency head, shall consider the
730 recommended order of an administrative law judge in a public
731 meeting and take final action on the protest. Any further legal
732 remedy lies with the First District Court of Appeal.
733 Section 17. This act shall take effect July 1, 2021.
734
735 ================= T I T L E A M E N D M E N T ================
736 And the title is amended as follows:
737 Delete everything before the enacting clause
738 and insert:
739 A bill to be entitled
740 An act relating to agency contracts for commodities
741 and contractual services; reenacting and amending s.
742 216.1366, F.S.; abrogating the scheduled expiration of
743 provisions relating to certain public agency contracts
744 for services; amending s. 287.042, F.S.; providing
745 that the Department of Management Services may enter
746 into an agreement authorizing an agency to make
747 purchases under certain contracts if the Secretary of
748 Management Services makes a certain determination;
749 amending s. 287.056, F.S.; providing that an agency
750 must issue a request for quote to certain approved
751 vendors when it issues certain requests for quote for
752 contractual services; providing for the
753 disqualification of certain firms or individuals from
754 state term contract eligibility; amending s. 287.057,
755 F.S.; revising the period of time during which an
756 agency must electronically post a description of
757 certain services in certain circumstances; requiring
758 an agency to periodically report certain actions to
759 the department in a specified manner and form;
760 requiring the department to annually report certain
761 information to the Governor and the Legislature by a
762 specified date; prohibiting an agency from initiating
763 a competitive solicitation in certain circumstances;
764 providing applicability; revising the maximum value of
765 certain contracts that may not be renewed or amended
766 by state agency before submitting a written report to
767 the Governor and the Legislature; requiring the agency
768 to designate a contract manager to serve as a liaison
769 between the contractor and the agency; prohibiting
770 certain individuals from serving as a contract
771 manager; providing the responsibilities of a contract
772 manager; requiring the Chief Financial Officer to
773 evaluate certain training at certain intervals;
774 requiring that certain contract managers complete
775 training and certification within a specified
776 timeframe; requiring the department to establish and
777 disseminate certain training and certification
778 requirements; requiring the department to evaluate
779 certain training at certain intervals; requiring
780 certain contract managers to possess certain
781 experience in managing contracts; authorizing a
782 contract administrator to also serve as a contract
783 manager in certain circumstances; providing that
784 evaluations of proposals and replies must be conducted
785 independently; providing for specified teams to
786 conduct certain negotiations; requiring a Project
787 Management Professional to provide guidance based on
788 certain qualifications; providing qualification
789 requirements for contract negotiator certification;
790 requiring supervisors of contract administrators or
791 contract and grant managers meeting certain criteria
792 to complete training within a specified period;
793 providing that the department is responsible for
794 establishing and disseminating supervisor training by
795 a certain date; providing for a continuing oversight
796 team in certain circumstances; providing requirements
797 for continuing oversight team members and meetings;
798 requiring a continuing oversight team to provide
799 notice of certain deficiencies and changes in contract
800 scope to certain entities; amending s. 287.058, F.S.;
801 prohibiting a contract document for certain
802 contractual services from containing a certain
803 nondisclosure clause; creating s. 287.1351, F.S.;
804 defining the term “vendor”; prohibiting certain
805 vendors from submitting bids, proposals, or replies
806 to, or entering into or renewing any contract with, an
807 agency; prohibiting an agency from accepting a bid,
808 proposal, or reply from, or entering into a contract
809 with, a suspended vendor until certain conditions are
810 met; requiring an agency to notify the department of,
811 and provide certain information regarding, any such
812 vendors; requiring the department to review any vendor
813 reported by an agency; requiring the department to
814 notify a vendor of any intended removal from the
815 vendor list; specifying administrative remedies and
816 applicable procedures for an affected vendor;
817 requiring the department to place certain vendors on
818 the suspended vendor list; authorizing the removal of
819 a suspended vendor from the suspended vendor list in
820 accordance with specified procedures; specifying
821 requirements and limitations; amending s. 287.136,
822 F.S.; requiring each agency inspector general to
823 complete certain audits of executed contracts at
824 certain intervals; amending ss. 43.16, 215.971,
825 287.0571, 295.187, 394.47865, 402.7305, 408.045,
826 570.07, and 627.351, F.S.; conforming cross-references
827 to changes made by the act; providing an effective
828 date.