Loading...
R-1228-13 RESOLUTION NO. 1228-13 1 A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL DECLARING SUPPORT FOR PROPOSED CHANGES TO SECTION 287.055, FLORIDA STATUTES,ALSO KNOWN AS"THE CONSULTANTS COMPETITIVE NEGOTIATION ACT" OR"CCNA", PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, local and state agencies throughout Florida have experienced severe reductions in revenues; and, WHEREAS, professional services agreements constitute a significant public expenditure; and, WHEREAS, many local and state agencies throughout the United States routinely compare fees among competing firms before selecting an architect or engineer; and, WHEREAS, current Florida law prohibits Ibcal and state agencies from competitively comparing _. architectural/engineering fees and related costs; and, WHEREAS, several public organizations including the Florida League of Cities, the Florida Association of Counties, the Florida Government Finance Officers Association, the Florida Association of Public Procurement Officers and the National Institute of Government Purchasing, support the use of alternative procurement methods for the acquisition of professional services as proposed in Senate Bill 1002 attached hereto; and, WHEREAS, the proposed change would modify the existing state law and would give local and state agencies the discretion to competitively compare fees and make a best value selection that considers qualifications and price among pre-qualified firms. NOW, THEREFORE, BE IT RESOLVED by the Miami Shores Village Council to support the proposed changes to the Consultant's Competitive Negotiation Act to allow local and state agencies to procure professional services on a "best value basis" as proposed in the legislature. 1 Adopted this 2nd day of April , 2013. ATTEST: &�= a. rr`C Jim M Coy, May r Barbara A. Estep, MM Village Clerk APPROVED AS TO FORM: GLv� Richard Sarafan Village Attorney F1 is Senate - 2013 SB 2 By Senator Soto 14-01249-13 20131002 1 A bill to be entitled 2 An act relating to the procurement of professional 3 architectural, engineering, landscape architectural, 4 or surveying and mapping services; amending s . 5 287 . 055, F.S . ; revising the definition of the term 6 "continuing contract" and defining the term "best 7 value selection"; clarifying provisions with respect 8 to selection of firms by an agency under the 9 competitive selection process; providing that an 10 agency has the right to reject any or all submissions 11 received in response to a public announcement under 12 the competitive selection process; authorizing an 13 agency to award contracts to multiple firms under the 14 competitive negotiation process; providing for a best 15 value selection process; requiring agencies to adopt 16 rules governing the use of the process; providing 17 minimum requirements with respect to best value 18 selection procedures; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1 . Paragraph (g) of subsection (2) of section 23 287 . 055, Florida Statutes, is amended, and paragraph (m) is 24 added to that subsection, paragraph (b) of subsection (4) of 25 that section is amended, and paragraph (e) is added to that 26 subsection, paragraph (d) is added to subsection (5) of that 27 section, present subsections (6) through (11) are renumbered as 28 subsections (7) through (12) , respectively, and a new subsection 29 (6) is added to that section, to read: Page 1 of 4 CODING: Words str-ieken are deletions; words underlined are additions . Fl La Senate - 2013 SB 2 14-01249-13 20131002 30 287 . 055 Acquisition of professional architectural, 31 engineering, landscape architectural, or surveying and mapping 32 services; definitions; procedures; contingent fees prohibited; 33 penalties .- 34 (2) DEFINITIONS.—For purposes of this section: 35 (g) A "continuing contract" means zi-& a contract for 36 professional services entered into in accordance with all the 37 procedures of this act between an agency and a firm whereby the 38 firm provides professional services to the agency for projects 39 in which the estimated construction cost of each individual 40 project under the contract does not exceed $2 million, for study 41 activity if the fee for professional services for each 42 individual study under the contract does not exceed $200, 000, or 43 for work of a specified nature as outlined in the contract 44 required by the agency, with the contract having 1ei-ng fern 45 f4:iEeei tear ei= with no time limitation, except that the contract 46 must provide a termination clause. Firms providing professional 47 services under continuing contracts shall not be required to bid 48 against one another. 49 (m) "Best value selection" means the selection of a firm or 50 firms whose proposal provides the greatest overall benefit to an 51 agency in accordance with the requirements of a formal 52 solicitation. 53 (4) COMPETITIVE SELECTION.- 54 (b) The agency shall select in order of preference no fewer 55 than three firms deemed to be the most highly qualified to 56 perform the required services, except in instances where fewer 57 than three firms respond to the public announcement . In 58 determining whether a firm is qualified, the agency shall Page 2 of 4 CODING: Words strieken are deletions; words underlined are additions . F1 la Senate - 2013 SB 2 14-01249-13 20131002 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; 62 location; recent, current, and projected workloads of the firms; 63 and the volume of work previously awarded to each firm by the 64 agency, with the object of effecting an equitable distribution 65 of contracts among qualified firms, provided such distribution 66 does not violate the principle of selection of the most highly 67 qualified firms . The agency may request, accept, and consider 68 proposals for the compensation to be paid under the contract 69 only during competitive negotiations under subsection (5) . 70 (e) The agency shall have the right to reject any or all 71 submissions received in response to the public announcement. 72 (5) COMPETITIVE NEGOTIATION.- 73 (d) The agency may, in its discretion, award contracts to 74 multiple firms . 75 (6) BEST VALUE SELECTION PROCESS .- 76 (a) An agency may, at its discretion, purchase professional 77 services using a best value selection process, subject to 78 requirements provided in this subsection. The agency shall make 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: Wordsn are deletions; words underlined are additions . F1 la Senate - 2013 SB 2 14-01249-13 20131002 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, 93 adhere to the following procedures and requirements : 94 a. Except as otherwise provided in this section, under the 95 initial stage of the selection process, competing firms shall be 96 evaluated using the criteria set forth in paragraph (4) (b) and 97 the agency shall select a firm or firms based on the 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 4 . 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: Words strimeken are deletions; words underlined are additions .