PP100, Procurement of Professional Consulting Services as Governed by F.S. 287.055

1
PP-100, Procurement of Professional Consulting
Services as Governed by F.S. 287.055

• Why use the policy?
• How to use the policy?
• Negotiations

2
Why?

• PP-100 was established in order to abide by
  Florida Statute 287.055. The policy requirements
  are based on the following sections
• (2) DEFINITIONS
• (a) Professional services
• (g) Continuing contract
• (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION
  PROCEDURES
• (4) COMPETITIVE SELECTION
• (5) COMPETITIVE NEGOTIATION

3
DEFINITIONS

• "Professional services" means those services
  within the scope of the practice of architecture,
  professional engineering, landscape architecture,
  or registered surveying and mapping, as defined
  by the laws of the state, or those performed by
  any architect, professional engineer, landscape
  architect, or registered surveyor and mapper in
  connection with his or her professional
  employment or practice.
• A "continuing contract" is 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 construction costs do not exceed 1
  million, for study activity when the fee for such
  professional service does not exceed 50,000, or
  for work of a specified nature as outlined in the
  contract required by the agency, with no time
  limitation except that the contract must provide
  a termination clause.

4
DEFINITIONS CONTD

• (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION
  PROCEDURES
• (a)  Each agency shall publicly announce, in a
  uniform and consistent manner, each occasion when
  professional services must be purchased for a
  project the basic construction cost of which is
  estimated by the agency to exceed the threshold
  amount provided in s. 287.017 for CATEGORY FIVE
  (250,000) or for a planning or study activity
  when the fee for professional services exceeds
  the threshold amount provided in s. 287.017 for
  CATEGORY TWO (25,000), except in cases of valid
  public emergencies certified by the agency head.
  The public notice must include a general
  description of the project and must indicate how
  interested consultants may apply for
  consideration.

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DEFINITIONS CONTD (3) PUBLIC ANNOUNCEMENT AND
QUALIFICATION PROCEDURES CONTD

• (b)  Each agency shall encourage firms engaged in
  the lawful practice of their professions that
  desire to provide professional services to the
  agency to submit annually statements of
  qualifications and performance data.
• (c)  Any firm or individual desiring to provide
  professional services to the agency must first be
  certified by the agency as qualified pursuant to
  law and the regulations of the agency. The agency
  must find that the firm or individual to be
  employed is fully qualified to render the
  required service. Among the factors to be
  considered in making this finding are the
  capabilities, adequacy of personnel, past record,
  and experience of the firm or individual.

6
DEFINITIONS CONTD (3) PUBLIC ANNOUNCEMENT AND
QUALIFICATION PROCEDURES CONTD

• (d)  Each agency shall evaluate professional
  services, including capabilities, adequacy of
  personnel, past record, experience, whether the
  firm is a certified minority business enterprise
  as defined by the Florida Small and Minority
  Business Assistance Act of 1985, and other
  factors determined by the agency to be applicable
  to its particular requirements. When securing
  professional services, an agency must endeavor to
  meet the minority business enterprise procurement
  goals under s. 287.09451.

7
DEFINITIONS CONTD

• (4)  COMPETITIVE SELECTION.--
• (a)  For each proposed project, the agency shall
  evaluate current statements of qualifications and
  performance data on file with the agency,
  together with those that may be submitted by
  other firms regarding the proposed project, and
  shall conduct discussions with, and may require
  public presentations by, no fewer than three
  firms regarding their qualifications, approach to
  the project, and ability to furnish the required
  services.

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DEFINITIONS CONTD (4)  COMPETITIVE SELECTION
CONTD

• (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. In determining whether a firm is
  qualified, the agency shall consider such factors
  as the ability of professional personnel whether
  a firm is a certified minority business
  enterprise past performance willingness to meet
  time and budget requirements location recent,
  current, and projected workloads of the firms
  and the volume of work previously awarded to each
  firm by the agency, with the object of effecting
  an equitable distribution of contracts among
  qualified firms, provided such distribution does
  not violate the principle of selection of the
  most highly qualified firms.

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DEFINITIONS CONTD (4)  COMPETITIVE SELECTION
CONTD

• The agency may request, accept, and consider
  proposals for the compensation to be paid under
  the contract only during competitive negotiations
  under subsection (5).
• (c)  This subsection does not apply to a
  professional service contract for a project the
  basic construction cost of which is estimated by
  the agency to be not in excess of the threshold
  amount provided in s. 287.017 for CATEGORY FIVE
  (250,000) or for a planning or study activity
  when the fee for professional services is not in
  excess of the threshold amount provided in s.
  287.017 for CATEGORY TWO (25,000).

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DEFINITIONS CONTD

• (5)  COMPETITIVE NEGOTIATION.--
• (a)  The agency shall negotiate a contract with
  the most qualified firm for professional services
  at compensation which the agency determines is
  fair, competitive, and reasonable. In making such
  determination, the agency shall conduct a
  detailed analysis of the cost of the professional
  services required in addition to considering
  their scope and complexity. For any lump-sum or
  cost-plus-a-fixed-fee professional service
  contract over the threshold amount provided in s.
  287.017 for CATEGORY FOUR (150,000), the agency
  shall require the firm receiving the award to
  execute a truth-in-negotiation certificate
  stating that wage rates and other factual unit
  costs supporting the compensation are accurate,
  complete, and current at the time of contracting.

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DEFINITIONS CONTD (5)  COMPETITIVE NEGOTIATION
CONTD

• Any professional service contract under which
  such a certificate is required must contain a
  provision that the original contract price and
  any additions thereto will be adjusted to exclude
  any significant sums by which the agency
  determines the contract price was increased due
  to inaccurate, incomplete, or noncurrent wage
  rates and other factual unit costs. All such
  contract adjustments must be made within 1 year
  following the end of the contract.
• (b)  Should the agency be unable to negotiate a
  satisfactory contract with the firm considered to
  be the most qualified at a price the agency
  determines to be fair, competitive, and
  reasonable, negotiations with that firm must be
  formally terminated. The agency shall then
  undertake negotiations with the second most
  qualified firm.

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DEFINITIONS CONTD (5)  COMPETITIVE NEGOTIATION
CONTD

• Failing accord with the second most qualified
  firm, the agency must terminate negotiations. The
  agency shall then undertake negotiations with the
  third most qualified firm.
• (c)  Should the agency be unable to negotiate a
  satisfactory contract with any of the selected
  firms, the agency shall select additional firms
  in the order of their competence and
  qualification and continue negotiations in
  accordance with this subsection until an
  agreement is reached.

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How?

• Determine if this is a Study or Construction
• Study Activity Professional Services not
  resulting in any construction
• Construction Professional Services resulting in
  construction
• What about surveying and mapping?
• Unless either of these directly result in
  construction they are to be considered study
  activity

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Keep in Mind When Determining the Proper Procedure

• Construction Costs are based on budgeted
  amount, best prepared estimate, etc. and are for
  the construction costs not the AE (professional
  services) costs
• Study Costs as above are based on budgeted
  amount, best prepared estimate, etc. , but are
  for the cost of the professional services.

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Primary Dollar Value Milestones

• Under 250,000 for AE Services / Construction
• (slide 16)
• 250,000 to 1,000,000 for AE Services /
  Construction
• (slide 18)
• Under 25,000 for AE Services / Studies
• (slide 19)
• 25,000 to 50,000 for AE Services / Studies
• (slide 21)
• 50,000 to 1,000,000 for AE Services / Studies
• (slide 22)

16
Under 250,000 for AE Services / Construction

• Firms may be chosen by the user department from
  the list of firms on the continuing contract
  without public advertising. Departments shall
  establish a ranking of firms.
• Negotiations with the chosen firm shall be
  publicly noticed per the attached checklist for
  public meetings and records (Sunshine Law) Form
  F0175 and documented in the form of a task
  order. Any meetings shall be noticed two
  business days before the meeting.

17
Under 250,000 for AE Services / Construction
contd

• c) Documentation regarding the manner of
  selection and negotiations shall be maintained by
  the user department and copies provided to the
  Office of Purchasing per the attached checklist
  for Public Meetings and records (Sunshine Law)
  Form F0175.
• d) Task Orders shall be awarded and signed in
  accordance with County Code of Ordinances, Sec.
  46-64, Award Approval and Threshold Authority.
  Task Orders shall be prepared by the client
  department, including signature of the firm then
  submitted to Purchasing, together with a
  requisition to encumber funds, to the Purchasing
  Manager.

18
250,000 to 1,000,000 for AE Services /
Construction

• a) Departments may follow the process outlined in
  section VI, A, 1 outlined above with the added
  provision. The meeting to select the firms to be
  ranked shall be publicly noticed to all firms on
  the Continuing Contract. This notice shall be
  provided to the Office of Purchasing as in
  section VI, A, 1 above.

19
Under 25,000 for AE Services / Studies

• Firms may be chosen by the user department from
  the list of firms on the continuing contract
  without public advertising. Departments shall
  establish a ranking of firms.
• Negotiations with the chosen firm shall be
  publicly noticed per the attached checklist for
  public meetings and records (Sunshine Law) Form
  F0175 and documented in the form of a task
  order. Any meetings shall be noticed two
  business days before the meeting.

20
Under 25,000 for AE Services / Studies Contd

• c) Documentation regarding the manner of
  selection and negotiations shall be maintained by
  the user department and copies provided to the
  Office of Purchasing per the attached checklist
  for Public Meetings and records (Sunshine Law)
  Form F0175.
• d) Task Orders shall be awarded and signed in
  accordance with County Code of Ordinances, Sec.
  46-64, Award Approval and Threshold Authority.
  Task Orders shall be prepared by the client
  department, including signature of the firm then
  submitted to Purchasing, together with a
  requisition to encumber funds, to the Purchasing
  Manager.

21
25,000 to 50,000 for AE Services / Studies

• a) Departments may follow the process outlined in
  section VI, A, 1 outlined above with the added
  provision. The meeting to select the firms to be
  ranked shall be publicly noticed to all firms on
  the Continuing Contract. This notice shall be
  provided to the Office of Purchasing as in
  section VI, A, 1 above.

22
50,000 to 1,000,000 for AE Services /
Studies/Scope Specific Continuing Contract

• Requires establishment of the initial contract.
• Department prepares scope of work
• Preparation of RLI (Request for Letters of
  Interest)
• Public announce via formal advertisement in local
  paper
• Single or Multiple Source Providers
• Single discussions/interviews with no less
  than three firms to be held, ranking, successful
  negotiations with number one firm
  recommendation to the Board
• Multiple confirmation of minimum requirements,
  establishment of fee schedule for contract
  award recommendation to the Board

23
Public Announcement

• Fax or Email all firms on the prescribed list
• Notification shall include
• Date
• Time
• Location
• Department Name
• Intent Statement
• Post notice in Public location within building
• Notice shall be faxed or emailed and noticed two
  business days prior to the actual meeting

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Meeting

• Use F0175 as the agenda for your meeting. In
  doing so you will be assured of meeting all of
  the requirements of PP-100. Specific items to
  remember are
• Keep a copy of your public notice
• Committee member list
• Firms Reviewed
• Ranking of firms
• Rational for number one firm

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F0175 Sample Form
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Negotiations and Task Order

• All of these Professional Services contracts
  have been established based on a Maximum
  Ceiling basis for Overhead, Profit and
  Facilities Cost of Capital Monies.
• Overhead 168
• Profit 12
• FCCM 1.5
• When you are negotiating with the firm remember
  that these are the maximum amount allowed and not
  an established amount you are required to accept.

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Task Orders

• Task Orders shall be prepared for each
  negotiation.
• Task Orders are to be prepared by the department
  not the firm providing the services.
• The firms fee proposal is to be included as an
  attachment to the Task Order.
• A sample Task Order is available on the Office of
  Purchasing Web Site (PP Form F0180)

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Finalize the Process

• Transmit the following to Purchasing
• Requisition
• Task Order
• Firms Fee Proposal
• PP Form F0175
• Copy of Public Notice
• Copy of Board action, if applicable

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Suggestions

• Seek the help of the Office of Purchasing. We
  can send out the public notice, provide
  assistance at the meeting (Preparing F0175,
  taping the meeting, etc.), assist with
  negotiations, etc.
• Establish Continuing Contracts for reoccurring
  needs (Drainage Basin Studies, Construction
  Administration Services (Civil Engineering),
  etc.)
• Combine meeting times, plan several meetings for
  one morning or afternoon event.