Bill

Bill > H1079


FL H1079

Agency Contracts for Commodities and Contractual services


summary

Introduced
02/17/2021
In Committee
04/19/2021
Crossed Over
04/28/2021
Passed
04/28/2021
Dead
Signed/Enacted/Adopted
07/06/2021

Introduced Session

2021 Regular Session

Bill Summary

An act relating to agency contracts for commodities and contractual services; reenacting and amending s. 216.1366, F.S.; abrogating the scheduled expiration of provisions relating to certain public agency contracts for services; amending s. 287.042, F.S.; providing that the Department of Management Services may enter into an agreement authorizing an agency to make purchases under certain contracts if the Secretary of Management Services makes a certain determination; amending s. 287.056, F.S.; providing that an agency must issue a request for quote to certain approved vendors when it issues a request for quote for contractual services; providing for the disqualification of certain firms or individuals from state term contract eligibility; amending s. 287.057, F.S.; revising the period of time during which an agency must electronically post a description of certain services in certain circumstances; requiring an agency to report certain actions to the department in a specified manner and form; requiring the department to annually report certain information to the Governor and the Legislature by a specified date; prohibiting an agency from initiating a competitive solicitation in certain circumstances; requiring an hb1079-04-er ENROLLED , Engrossed 1 2021 Legislature agency to submit a report concerning contract performance before certain contract renewals or amendments are executed; providing that a designated contract manager serves as a liaison between the contractor and the agency; prohibiting certain individuals from serving as a contract manager; providing the responsibilities of a contract manager; requiring the Chief Financial Officer to evaluate certain training at certain intervals; requiring that certain contract managers complete training and certification within a specified timeframe; requiring the department to establish and disseminate certain training and certification requirements; requiring the department to evaluate certain training at certain intervals; requiring certain contract managers to possess certain experience in managing contracts; authorizing a contract administrator to also serve as a contract manager in certain circumstances; providing that evaluations of proposals and replies must be conducted independently; providing for specified teams to conduct certain negotiations; requiring a Project Management Professional to provide guidance based on certain qualifications; providing qualification requirements for contract negotiator certification; requiring supervisors of contract administrators or hb1079-04-er ENROLLED , Engrossed 1 2021 Legislature contract and grant managers meeting certain criteria to complete training within a specified period; providing that the department is responsible for establishing and disseminating supervisor training by a date certain; providing for a continuing oversight team in certain circumstances; providing requirements for continuing oversight team members and meetings; requiring a continuing oversight team to provide notice of certain deficiencies and changes in contract scope to certain entities; amending s. 287.058, F.S.; prohibiting a contract document for certain contractual services from containing a certain nondisclosure clause; creating s. 287.1351, F.S.; defining the term "vendor"; prohibiting certain vendors from submitting bids, proposals, or replies to, or entering into or renewing any contract with, an agency; prohibiting an agency from accepting a bid, proposal, or reply from, or entering into a contract with, a suspended vendor until certain conditions are met; requiring an agency to notify the department of, and provide certain information regarding, any such vendors; requiring the department to review any vendor reported by an agency; requiring the department to notify a vendor of any intended removal from the vendor list; specifying administrative remedies, and hb1079-04-er ENROLLED , Engrossed 1 2021 Legislature applicable procedures, for an affected vendor; requiring the department to place any such vendor on the suspended vendor list; authorizing the removal of a suspended vendor from the suspended vendor list in accordance with specified procedures; specifying requirements and limitations; amending s. 287.136, F.S.; requiring each agency inspector general to complete certain audits of executed contracts at certain intervals; amending ss. 43.16, 215.971, 287.0571, 295.187, 394.47865, 402.7305, 408.045, 570.07, and 627.351, F.S.; conforming cross- references; providing an effective date.

AI Summary

This bill reenacts and amends a law that allows public agencies to inspect the financial and programmatic records of contractors providing services to the state. It also makes several changes to the procurement process for state agencies, including: - Allowing the Department of Management Services to authorize agencies to make purchases under certain federal, state, or local government contracts if the Department determines it is cost-effective and provides good value to the state. - Requiring agencies to request quotes from all or a minimum number of approved vendors when issuing requests for quotes for contractual services. - Disqualifying vendors on suspended or disqualified vendor lists from state term contract eligibility. - Revising the procedures and timeframes for agencies to post single-source procurements and report such actions to the Department of Management Services. - Prohibiting agencies from initiating certain competitive solicitations without specific authorization. - Establishing new requirements for contract managers, including training, certification, and experience levels based on contract value. - Creating a continuing oversight team for large contracts to monitor contractor performance. - Prohibiting nondisclosure clauses in certain contractual service contracts. - Establishing a process for suspending vendors from state contracts for poor performance or default. - Requiring agency inspectors general to audit executed contracts on a regular basis. The bill also makes conforming changes to various statutes related to state procurement and contracting.

Committee Categories

Budget and Finance, Government Affairs

Sponsors (2)

Other Sponsors (2)

Government Operations Subcommittee (H), State Affairs Committee (H)

Last Action

Chapter No. 2021-225; companion bill(s) passed, see SB 2502 (Ch. 2021-37) (on 07/06/2021)

bill text


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Document Type Source Location
State Bill Page https://www.flsenate.gov/Session/Bill/2021/1079
Analysis - Government Operations Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1079/Analyses/h1079z1.GOS.PDF
Analysis - Government Operations Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1079/Analyses/h1079z.GOS.PDF
Bill https://www.flsenate.gov/Session/Bill/2021/1079/BillText/er/PDF
Bill https://www.flsenate.gov/Session/Bill/2021/1079/BillText/e1/PDF
House Floor Amendment #815361 https://www.flsenate.gov/Session/Bill/2021/1079/Amendment/815361/PDF
House Floor Amendment #308159 https://www.flsenate.gov/Session/Bill/2021/1079/Amendment/308159/PDF
Bill https://www.flsenate.gov/Session/Bill/2021/1079/BillText/c2/PDF
Analysis - State Affairs Committee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1079/Analyses/h1079d.SAC.PDF
House Committee Amendment #242661 https://www.flsenate.gov/Session/Bill/2021/1079/Amendment/242661/PDF
Analysis - State Affairs Committee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1079/Analyses/h1079c.SAC.PDF
State Administration and Technology Appropriations Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1079/Analyses/h1079b.SAT.PDF
State Administration and Technology Appropriations Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1079/Analyses/h1079a.SAT.PDF
Bill https://www.flsenate.gov/Session/Bill/2021/1079/BillText/c1/PDF
Analysis - Government Operations Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1079/Analyses/h1079.GOS.PDF
Bill https://www.flsenate.gov/Session/Bill/2021/1079/BillText/Filed/PDF
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