6A-10.023. Procedures for Contracting for Professional Services

The following procedures shall be followed by the Department of Education in selecting firms to provide professional services, and in negotiating contract for professional services pursuant to the Florida “Consultants’ Competitive Negotiation Act.” This rule shall in no way be construed to apply to the responsibilities of the Department of Management Services.

(1) Definitions.

(a) Professional services means those services within the scope of practice of architecture, professional engineering or registered land surveying as defined by the laws of the State of Florida or those performed by any architect, professional employment or practice or other professional services that may be required.

(b) Department means the Florida Department of Education.

(c) Firm means any individual, firm, partnership, corporation, association or other legal entity permitted by law to practice architecture, engineering, or land surveying in the State of Florida.

(d) Compensation means the total amount paid by the Department for professional services.

(e) Committee means the certification and competitive selection committee appointed by the Commissioner.

(f) Commissioner means the Commissioner of Education for the State of Florida.

(2) Public advertisement and qualification procedures.

(a) The Department shall publish a legal advertisement in four (4) newspapers of general circulation and in appropriate professional publications for architecture, engineering and land surveying, providing a general description of the project or projects requiring professional services and defining procedures on how interested professional firms may apply for consideration by the Department. A listing of the project or projects will be sent to each firm having a qualification form on file with the Department and which has expressed an interest in being notified.

(b) Pursuant to Section 287.055, F.S., the procedures of this section shall apply in all cases except in cases declared to be valid public emergencies as certified by the Commissioner.

(c) The Department shall set forth, in each public advertisement, that all parties interested in providing professional services to the Department shall submit experience and qualification data to the Department annually on forms provided by the Department. The Department will request supplemental current experience and qualification data as needed on each firm being considered for services for each project when selection is ready to commence.

(3) Certification and competitive selection.

(a) There shall be a certification and competitive selection committee comprised of five (5) members appointed by the Commissioner.

(b) The committee shall review the statement of qualifications and performance data submitted by each firm requesting certification and determine if the firm is fully qualified to render the required services according to law and policies of the Department. Among the factors to be considered in making this finding are the capabilities, adequacy of personnel, past record and experience of the firm. The finding of the committee shall indicate that the firm has been found to be fully qualified to render professional services to the Department.

(c) For each project for which professional services of more than five thousand (5000) dollars are required the committee shall evaluate current statements of qualifications and performance data for each firm which has requested to be considered for that project, and may conduct discussions with, and may require presentations by, no less than three firms regarding their qualifications, approach to the project and ability to perform the required services.

(d) The certification and competitive selection committee shall determine the relative ability of each firm to perform the services required for each project. Determination of ability shall be based on staff, experience, training and capabilities. Each firm determined to be able to provide the services for the project will be so certified by the committee and shall be eligible for consideration.

(e) The certification and competitive selection committee shall select no less than three firms in order of preference, deemed to be most highly qualified to perform the required services, after considering such factors as the ability of professional personnel; past performance; willingness to meet time and budget requirements; demonstrated approach to the project; interest; location; recent, current and projected work loads of the firm and the volume of work previously awarded to the firm by the department, with the object of effecting an equitable distribution of contracts among qualified firms, provided however, that such distribution does not violate the principle of selection of the most highly qualified firm. The committee shall report its selections to the Commissioner for approval or disapproval.

(4) Competitive negotiation.

(a) The Commissioner or his designee shall negotiate a contract in full accordance with the procedures set forth hereafter for professional services for a project with the firm which has been determined to be most qualified, at compensation determined to be fair, competitive, and reasonable. For all lump sum or cost-plus-a-fixed fee professional services contracts over fifty thousand (50,000) dollars the Department shall require the firm receiving the award to execute a truth-in negotiation certificate as required in paragraph (5)(a) of Section 287.055, F.S.

(b) Should the commissioner or his designee be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price determined to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The Commissioner or his designee shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the Commissioner or his designee shall terminate negotiations. The Commissioner or his designee shall then undertake negotiations with the third most qualified firm.

(c) Should the Commissioner or his designee be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with subsection 6A-10.023(3), F.A.C. Negotiations shall continue in accordance with this section until an agreement is reached.

(5) Prohibition against contingent fees. Each contract for professional services shall contain a prohibition against contingent fees, as required by subsection 287.055(6), F.S.

(6) Nonexclusion of public. Pursuant to Section 287.055, F.S., the public shall not be excluded from any proceedings under these regulations.

Rulemaking Authority 229.053(1), 287.055(3)(d) FS. Law Implemented 287.055 FS. History–New 4-8-75, Formerly 6A-10.23.