Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. PCS (479650) for CS for SB 1616
       
       
       
       
       
       
                                Ì519034ÉÎ519034                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2021           .                                
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       The Committee on Appropriations (Brodeur) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 183 - 378
    4  and insert:
    5         (4)(a)An agency may not initiate a competitive
    6  solicitation for a product or service if the completion of such
    7  competitive solicitation would:
    8         1.Require a change in law; or
    9         2.Require a change to the agency’s original approved
   10  budget as defined in s. 216.011, other than a transfer
   11  authorized in s. 216.292(2) or (3), unless the initiation of
   12  such competitive solicitation is specifically authorized in law,
   13  in the General Appropriations Act, or by the Legislative Budget
   14  Commission.
   15         (b)This subsection does not apply to a competitive
   16  solicitation for which the agency head certifies that a valid
   17  emergency exists.
   18         (14)(13) Contracts for commodities or contractual services
   19  may be renewed for a period that may not exceed 3 years or the
   20  term of the original contract, whichever is longer. Renewal of a
   21  contract for commodities or contractual services must be in
   22  writing and is subject to the same terms and conditions set
   23  forth in the initial contract and any written amendments signed
   24  by the parties. If the commodity or contractual service is
   25  purchased as a result of the solicitation of bids, proposals, or
   26  replies, the price of the commodity or contractual service to be
   27  renewed must be specified in the bid, proposal, or reply, except
   28  that an agency may negotiate lower pricing. A renewal contract
   29  may not include any compensation for costs associated with the
   30  renewal. Renewals are contingent upon satisfactory performance
   31  evaluations by the agency and subject to the availability of
   32  funds. Exceptional purchase contracts pursuant to paragraphs
   33  (3)(a) and (c) may not be renewed. With the exception of
   34  subsection (11) (10), if a contract amendment results in a
   35  longer contract term or increased payments, a state agency may
   36  not renew or amend a contract for the outsourcing of a service
   37  or activity that has an original term value exceeding $5 $10
   38  million before submitting a written report concerning contract
   39  performance to the Governor, the President of the Senate, and
   40  the Speaker of the House of Representatives at least 90 days
   41  before execution of the renewal or amendment.
   42         (15)(a)(14) For each contractual services contract, the
   43  agency shall designate an employee to function as contract
   44  manager who is responsible for enforcing performance of the
   45  contract terms and conditions and to serve as a liaison between
   46  with the contractor and the agency. The contract manager may not
   47  be an individual who has been employed within the previous 5
   48  years by the vendor awarded the contractual services contract.
   49  The primary responsibilities of a contract manager include, but
   50  are not limited to:
   51         1.Participating in the solicitation development and review
   52  of contract documents.
   53         2.Monitoring the contractor’s progress and performance to
   54  ensure procured products and services conform to the contract
   55  requirements and keeping timely records of findings.
   56         3.Managing and documenting any changes to the contract
   57  through the amendment process authorized by the terms of the
   58  contract.
   59         4.Monitoring the contract budget to ensure sufficient
   60  funds are available throughout the term of the contract.
   61         5.Exercising applicable remedies, as appropriate, when a
   62  contractor’s performance is deficient.
   63         (b)(a) Each contract manager who is responsible for
   64  contracts in excess of the threshold amount for CATEGORY TWO
   65  must, at a minimum, complete training conducted by the Chief
   66  Financial Officer for accountability in contracts and grant
   67  management. The Chief Financial Officer shall evaluate such
   68  training every 5 years to assess its effectiveness and update
   69  the training curriculum. The Chief Financial Officer shall
   70  establish and disseminate uniform procedures pursuant to s.
   71  17.03(3) to ensure that contractual services have been rendered
   72  in accordance with the contract terms before the agency
   73  processes the invoice for payment. The procedures must include,
   74  but need not be limited to, procedures for monitoring and
   75  documenting contractor performance, reviewing and documenting
   76  all deliverables for which payment is requested by vendors, and
   77  providing written certification by contract managers of the
   78  agency’s receipt of goods and services.
   79         (c)(b) Each contract manager who is responsible for
   80  contracts in excess of $100,000 annually must, in addition to
   81  the accountability in contracts and grant management training
   82  required in paragraph (b) and within 6 months after being
   83  assigned responsibility for such contracts, complete training in
   84  contract management and become a certified contract manager. The
   85  department is responsible for establishing and disseminating the
   86  training and certification requirements for certified contract
   87  managers. Training must promote best practices and procedures
   88  related to negotiating, managing, and ensuring accountability in
   89  agency contracts and grant agreements, which must include the
   90  use of case studies based upon previous audits, contracts, and
   91  grant agreements. A certified contract manager must complete
   92  training every 5 years for certification renewal requirements
   93  for certification which include completing the training
   94  conducted by the Chief Financial Officer for accountability in
   95  contracts and grant management. Training and certification must
   96  be coordinated by the department, and the training must be
   97  conducted jointly by the department and the Department of
   98  Financial Services. The department shall evaluate such training
   99  every 5 years to assess its effectiveness and update the
  100  training curriculum Training must promote best practices and
  101  procedures related to negotiating, managing, and ensuring
  102  accountability in agency contracts and grant agreements, which
  103  must include the use of case studies based upon previous audits,
  104  contracts, and grant agreements. All agency contract managers
  105  must become certified within 24 months after establishment of
  106  the training and certification requirements by the department
  107  and the Department of Financial Services.
  108         (d)Each contract manager who is responsible for contracts
  109  in excess of $10 million annually must, in addition to the
  110  training required in paragraph (b) and the training and
  111  certification required in paragraph (c), possess at least 5
  112  years of experience managing contracts in excess of $5 million
  113  annually.
  114         (16)(15) Each agency shall designate at least one employee
  115  who shall serve as a contract administrator responsible for
  116  maintaining a contract file and financial information on all
  117  contractual services contracts and who shall serve as a liaison
  118  with the contract managers and the department. For a contract of
  119  $500,000 or less annually, the contract administrator may also
  120  serve as the contract manager if he or she has completed the
  121  required training. For a contract in excess of $500,000
  122  annually, the contract administrator may not serve as both the
  123  contract administrator and the contract manager.
  124         (17)(a)(16)(a) For a contract in excess of the threshold
  125  amount provided in s. 287.017 for CATEGORY FOUR, the agency head
  126  shall appoint:
  127         1. At least three persons to independently evaluate
  128  proposals and replies who collectively have experience and
  129  knowledge in the program areas and service requirements for the
  130  commodity which commodities or contractual services are sought.
  131         2. At least three persons to a negotiation team to conduct
  132  negotiations during a competitive sealed reply procurement. The
  133  negotiation team members must who collectively have experience
  134  and knowledge in negotiating contracts, contract procurement,
  135  and the program areas and service requirements for the commodity
  136  which commodities or contractual services are sought.
  137         (b)1. If the value of a contract is in excess of $1 million
  138  in any fiscal year, at least one of the persons conducting
  139  negotiations must be certified as a certified contract
  140  negotiator based upon department rules in order to ensure that
  141  certified contract negotiators are knowledgeable about effective
  142  negotiation strategies, capable of successfully implementing
  143  those strategies, and involved appropriately in the procurement
  144  process. At a minimum, the rules must address the qualifications
  145  required for certification, the method of certification, and the
  146  procedure for involving the certified negotiator.
  147         2. If the value of a contract is in excess of $10 million
  148  in any fiscal year, at least one of the persons conducting
  149  negotiations must be a Project Management Professional, as
  150  certified by the Project Management Institute. The Project
  151  Management Professional shall provide guidance based on his or
  152  her experience, education, and competency to lead and direct
  153  complex projects.
  154         3.The department is responsible for establishing and
  155  disseminating the certification and training requirements for
  156  certified contract negotiators. Training must ensure that
  157  certified contract negotiators are knowledgeable about effective
  158  negotiation strategies, capable of successfully implementing
  159  those strategies, and involved appropriately in the procurement
  160  process. The department shall evaluate such training every 5
  161  years in order to assess its effectiveness and update the
  162  training curriculum. A certified contract negotiator is required
  163  to complete training every 5 years for certification renewal.
  164  Qualification requirements for certification must include:
  165         a.At least 12 months’ experience as a purchasing agent,
  166  contract manager, or contract administrator for an agency or a
  167  local governmental entity where at least 50 percent of the
  168  designated duties included procuring commodities or contractual
  169  services; participating in contract negotiation, contract
  170  management, or contract administration; or working as an agency
  171  attorney whose duties included providing legal counsel to the
  172  agency’s purchasing or contracting staff; and
  173         b.Experience during the preceding 5 years in leading at
  174  least two federal, state, or local government negotiation teams
  175  through a negotiated procurement or participation in at least
  176  three federal, state, or local government-negotiated
  177  procurements.
  178         (18) Any person who supervises contract administrators or
  179  contract or grant managers who meet criteria for certification
  180  in subsection (15) shall annually complete public procurement
  181  training for supervisors within 12 months after appointment to
  182  the supervisory position. The department is responsible for
  183  establishing and disseminating the training course content
  184  required for supervisors, and training shall commence no later
  185  than July 1, 2022.
  186         (26)(a) For each contractual services contract in excess of
  187  $5 million, the agency head shall establish a continuing
  188  oversight team after the contract has been awarded. The agency
  189  head shall appoint at least four persons, one of whom must be
  190  the certified contract manager, to the continuing oversight
  191  team. If the value of the contractual services contract is in
  192  excess of $10 million, at least one of the persons on the
  193  continuing oversight team must possess at least 5 years of
  194  experience in managing contracts of a similar scope or size. If
  195  the value of the contractual services contract is in excess of
  196  $20 million, the continuing oversight team must consist of at
  197  least five persons, and at least one of the persons on the
  198  continuing oversight team must be from an agency other than the
  199  agency or agencies participating in the contract. Members of the
  200  continuing oversight team must be agency employees and must