January 19, 2020
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307793
  Amendment
Bill No. 1835
Amendment No. 307793
CHAMBER ACTION
Senate House
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1Representative(s) Kottkamp offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 319 through 460, and insert:
5
6require adjustments to the agency's budget, in accordance with
7chapter 216, totaling $1 million or more. Amendments to existing
8contracts are excluded.
9     (c)  Contractual services procurements that do not involve
10an outlay of state funds estimated to total $10 million or more
11in any fiscal year because of the provision of services by the
12contractor at a rate significantly below market rate, the
13significant investment of other resources by the agency, or
14other reason, but in which the total value of the services
15performed by the agency and contractor under the contract is
16estimated to total $10 million or more in any fiscal year.
17Examples of such procurements include, but are not limited to,
18free, no-cost, or codevelopment contracts.
19     (d)  Contractual services procurements for which the sum of
20gross revenues or shared savings to be generated for the state
21and contractor over the term of the contract plus the sum of any
22payments to the contractor by the agency over the term of the
23contract, if any, is estimated to total $10 million or more in
24any fiscal year.
25     (e)  Contractual services procurements that do not meet the
26criteria in paragraphs (a)-(d) that the Legislature has directed
27to be subject to the centralized gate process.
28     (2)  Extensions and renewals of contracts resulting from
29procurements in subsection (1) and extensions and renewals of
30contracts meeting the criteria identified in paragraphs (1)(a),
31(c), and (d) which did not pass through the center shall undergo
32review and analysis through the centralized gate process
33implemented by the center, through, notwithstanding any law to
34the contrary, such contracts shall pass only through such gates
35as the commission determines are appropriate based on the
36legislative intent of this act.
37
38For purposes of determining whether a procurement meets the
39requirements of this section, multiple contractual services
40procurements for substantially similar or related functions or
41responsibilities occurring in a coordinated fashion or in close
42time proximity to one another are considered a single
43contractual services procurement for purposes of meeting the
44thresholds set forth in this section.
45     (3)  The centralized gate process shall require, at a
46minimum, review of the procurement by the commission at each
47gate. At each gate, the commission shall determine by majority
48vote to:
49     (a)  Approve the procurement, if the agency has
50sufficiently met the requirements of the current gate, and
51advance the procurement to the next phase;
52     (b)  Withhold approval of the procurement, if additional
53work must be completed in order to satisfy the requirements of
54the current gate, and retain the procurement in that phase; or
55     (c)  Deny the procurement, if the procurement is not a good
56business decision, and remove the procurement from
57consideration.
58
59Notwithstanding the provisions of this section, the commission
60may not deny procurements which are required by law. If the
61commission determines that a procurement required by law is not
62a good business decision, the commission shall withhold approval
63and transmit to the President of the Senate, the Speaker of the
64House of Representatives, and the Governor the reasons why the
65procurement should not be completed and any recommendation for
66legislative action. If the President of the Senate or the
67Speaker of the House of Representatives has not responded within
6814 business days of receipt of the communication, the commission
69shall proceed at its discretion consistent with the Legislative
70intent of this act.
71
72Notwithstanding any law to the contrary, agencies under the
73individual control of the Attorney General, the Chief Financial
74Officer, or the Commissioner of Agriculture are subject to the
75provisions of this act, except that the commission shall not
76grant, withhold, or deny approval of a procurement by such
77agency but instead may only provide recommendations to the
78agency. The respective agency head shall have sole authority to
79grant, withhold, or deny approval of such procurement.
80     (4)  The gates and required documentation comprising the
81centralized gate process shall, at a minimum, consist of:
82     (a)  The proposal identification gate, which shall include
83the business case.
84     (b)  The procurement preparation gate, which shall include
85the updated business case and the solicitation documents prior
86to the its issuance of such documents. An agency may not release
87solicitation documents without the commission's approval at this
88gate. The commission must review and approve the written
89determination of the agency required pursuant to s.
90287.057(3)(a) before granting approval for the use of an
91invitation to negotiate, or withhold approval pending submission
92by the agency of an acceptable alternative solicitation method.
93     (c)  The contract development gate, which shall include the
94final business case and the proposed unexecuted contract. An
95agency may not execute the contract without the commission's
96approval at this gate.
97     (d)  The transition management gate, which shall include
98updates to the final business case and, for a procurement of
99contractual services, an analysis of the agency's and
100contractor's readiness for the contractor to perform the
101proposed responsibility or function. An agency may not
102transition to contractor performance without the commission's
103approval at this gate.
104     (e)  The post-implementation gate, which shall include
105updates to the final business case and a report on the adequacy
106of contractor performance.
107     (5)(a)  Any executed contract for a procurement passing
108through the centralized gate process pursuant to this section
109shall be null and void if an agency fails to comply with the
110commission decision at the proposal identification, procurement
111preparation, or contract development gate.
112     (b)  Failure to comply with any other requirements of this
113act or implementing rules shall not affect the validity of the
114competitive solicitation and award process or any contract.
115     (6)  The commission shall take action at each gate within
11660 days of the submission of a procurement by an agency.  If the
117commission does not take action within this timeframe, the
118agency head shall determine whether to grant, withhold, or deny
119approval of the procurement at that gate based on the rules and
120guidelines of the commission for that gate and shall notify the
121Governor, the President of the Senate, the Speaker of the House
122of Representatives, and the commission of such action and the
123circumstances thereof.
124     (7)  During the terms of the contracts, the agency shall
125annually submit with its legislative budget request a status
126report for each procurement that has passed through at least the
127first three gates of the centralized gate process describing the
128progress made to date, actual completion dates in comparison to
129planned completion dates, actual costs incurred in comparison to
130projected costs incurred, current issues requiring resolution,
131planned project milestones, deliverables, and expenditures for
132the next reporting period, and any other information relating to
133the contractual services that may be requested.
134     Section 7.  Section 287.0577, Florida Statutes, is created
135to read:
136     287.0577  Requirements for procurement of certain
137contractual services.--In addition to the other applicable
138requirements of this chapter, an agency shall comply with the
139following requirements for, at a minimum, procurements of
140contractual services estimated to total $1 million or more in
141any fiscal year and those subject to review under s.
142287.0576(1)(b), (c), (d), and (e) and (2):
143     (1)  BUSINESS CASE.--The agency shall develop a business
144case which describes and analyzes the procurement. The business
145case is not subject to challenge or protest pursuant to chapter
146120. The business case shall include, but not be limited to, the
147information in paragraphs (a)-(l).  For procurements not subject
148to commission review, the agency shall provide a copy of the
149business case to the President of the Senate and the Speaker of
150the House at least 14 days prior to releasing a solicitation.
151For procurements subject to
152
153
154================ T I T L E  A M E N D M E N T =============
155     Remove line 48 and insert:
156
157requiring the submission of annual status reports;


CODING: Words stricken are deletions; words underlined are additions.
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