Fort Walton Beach Council agenda — 03-12-13--regular — reading text

best value selection procedures; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph ( g) of subsection ( 2) of section 287. 055, Florida Statutes, is amended, and paragraph ( m) is added to that subsection, paragraph ( b) of subsection ( 4) of that section is amended, and paragraph ( e) is added to that subsection, paragraph ( d) is added to subsection ( 5) of that section, present subsections ( 6) through ( 11) are renumbered as subsections ( 7) through ( 12), respectively, and a new subsection 6) is added to that section, to read: Page 1 of 4 CODING: Words st - ieleerz are deletions; words underlined are add PdOket P9.' Florida Senate - 2013 SB 1002 F 11. 2. b 19- 01299 - 13 20131002 287. 055 Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties. - 2) DEFINITIONS. - For purposes of this section: g) A " continuing contract" means 4 a contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in which the estimated construction cost of each individual project under the contract does not exceed $ 2 million, for study activity if the fee for professional services for each individual study under the contract does not exceed $ 200, 000, or for work of a specified nature as outlined in the contract required by the agency, with the contract having bed —€ era no time limitation, except that the contract must provide a termination clause. Firms providing professional services under continuing contracts shall not be required to bid against one another. m) " Best value selection" means the selection of a firm or firms whose proposal provides the greatest overall benefit to an agency in accordance with the requirements of a formal solicitation. 9) COMPETITIVE SELECTION. - b) The agency shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services except in instances where fewer than three firms respond to the public announcement. In determining whether a firm is qualified, the agency shall Page 2 of 9 CODING: Words sl:-' n are deletions; words underlined are add - 7;;-k .. 00. 34  Florida Senate - 2013 SB 1002F- 1 1 2 b 20131002_ 14- 01249 - 13 59 consider such factors as the ability of professional personnel; 60 whether a firm is a certified minority business enterprise; past 61 performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; 62 G z 63 and the volume of work previously awarded to each firm by the U 8 64 agency, with the object of effecting an equitable distribution 65 of contracts among qualified firms, provided such distribution v. 66 does not violate the principle of selection of the most highly N 67 qualified firms. The agency may request, accept, and consider 68 proposals for the compensation to be paid under the contract N 69 only during competitive negotiations under subsection ( 5). M 70 e) The agency shall have the right to reject any or all N 71 submissions received in response to the public announcement. z 72 5) COMPETITIVE NEGOTIATION. - U 73 d) The agency may, in its discretion award contracts to c0 74 multiple firms. 75 6) BEST VALUE SELECTION PROCESS.- ma 76 a) An agency may, at its discretion purchase professional N 77 services using a best value selection process subject to c 78 requirements provided in this subsection. The agency shall make EE 79 such purchases in accordance with this chapter and rules 80 applicable to the agency. 81 b) Each agency shall adopt rules governing the use of the 82 best value selection process in choosing a firm or firms. 83 Procedures for the use of the best value selection process must 84 include, at a minimum: 85 1 The preparation and distribution of a public 86 solicitation consistent with the requirements of subsection ( 3). 87 The public solicitation shall contain the criteria, procedures, Page 3 of 4 CODING: Words stEieken are deletions; words underlined are add  Florida Senate - 2013 SB 1002 11. 2. b 20131002_ 14- 01249 - 13 88 and standards for the evaluation of proposals considered under 89 subparagraph 3. 90 2 The initial evaluation of proposals received in 91 accordance with the requirements of paragraph ( 4)( a). 92 3. A two - stage selection process that shall, at a minimum, 0 93 adhere to the following procedures and requirements: 94 a Except as otherwise provided in this section under the 0a 95 initial stage of the selection process competing firms shall be y 96 evaluated using the criteria set forth in paragraph ( 4)( b) and mM 97 the agency shall select a firm or firms based on the 0N 98 evaluations. Proposals for compensation to be paid under the 99 contract may not be solicited or accepted during this stage of 100 the selection process. 101 b. Under the second stage of the selection process, the 102 firms selected shall be asked to submit a compensation proposal 103 for the proposed work. The proposal shall be evaluated along 104 with the information obtained under sub - subparagraph a. and any 105 other information the agency chooses to request with the 106 compensation proposal to make a best value selection. 107 9 A requirement that the criterion pertaining to 108 compensation may not exceed 50 percent of the total weight of 109 the published evaluation criteria. 110 5 Authority of an agency head to negotiate with the best 111 firm available in the event of a declared state of emergency 112 pursuant to s. 252. 36. 113 Section 2. This act shall take effect July 1, 2013. Page 4 of 4 CODING: Wordss4z ie'Ten are deletions;