florida state statute 287 - fappo - understanding ccna.pdf · brooks act of 1972 •president...
TRANSCRIPT
Pre World War II •Federal Government in-house design•1939 – Enabling legislation to contract outside architecture and engineering services
•No source selection procedure
Brooks Act of 1972•President Lyndon Johnson and Congressman Jack Brooks
•Competition •Qualifications•Capabilities•Experience
•Most states adopted “Little Brooks Act”
Kansas City Hyatt Regency Skyway Collapse• 1981• 2 elevated skyways over lobby collapse• 111 killed• 188 injured• Low bid award of engineering services• Low bid award of engineer one of the 6 factors causing failure
Congress•“Procurement practices that lead to or promote the selection of an architect or engineer on a low bid basis should be changed to require the pre-qualification of bidders with greater consideration given to prior related experience and past performance.”
Consultants’ Competitive Negotiations Act (CCNA)Professional Services
ArchitectsEngineersLandscape ArchitectsSurveyors/Mappers
Statute Structure• (1) Short Title• (2) Definitions• (3) Public Announcement• (4) Competitive Selection• (5) Competitive Negotiation• (6) Prohibition Against
Contingent Fees
• (7) Authority of DMS• (8) State Assistance to
Local Agencies• (9) Applicability to Design-
Build Contracts• (10) Reuse of Existing
Plans• (11) Construction of Law
(2) Definitions• Professional Services –
Architecture, Engineering, LA, Surveying/Mapping
• Agency – not a developer that contributes public facilities. See P3 Statute 287.05712
• Firm – individual, firm, corporation…permitted to practice architecture, engineering, or surveying mapping
• Compensation – Lump sum, hourly rate, overhead, other figures or formulas
• Project – Fixed Capital Outlay > $ thresholds• Group of minor construction,
rehab, renovation• Group of similar construction,
rehab, renovation
(2) Definitions, cont.
• Continuing Contract • Professional Services, project
construction under $2 million• Study with fee under $200,000• Work of a specified nature• Term
• Fixed term • termination clause
• Not required to bid against each other
• Design Build Firm• Certified or Registered
General Contractor, OR• Certified or Registered
Building Contractor, OR• Engineering firm, OR• Architecture firm, OR• Landscape Architecture firm.
(2) Definitions, cont.
• Design-Build Contract• One contract for design AND
construction of public project
• Design Criteria Professional• Architect, LA, or Engineer• Employed by or under contract
with agency• Prepares Design Criteria
Package
• Design Criteria Package• Concise• Performance-oriented
drawings• Performance-oriented
specifications• Sufficient to permit DB firms
to submit a proposal, OR• Sufficient to permit
negotiations with a DB
(3) Public Announcement & Qualification Procedures
ANNOUNCEMENT• Services for “Project”• Basic construction cost greater than 287.017 Category 5
• $325,000• Good faith estimate of construction cost
• Planning or Study• Fee higher than 287.017 Category 2
• $35,000
(3) Public Announcement & Qualification Procedures, cont.• Firm is fully qualified
• Capabilities• Adequacy of Personnel• Past Record• Experience of Firm/Individual• MWBE Status• Other Factors specific to project• Volume of Work (equitable distribution)
• Public not excluded from Selection Process
(4) Competitive Selection• SOQs on file• Request for Proposals /Qualifications• Evaluate, Rank and Short List at least 3 firms
• Ability of Professional Personnel• Certified M/WBE• Past Performance• Time & Budget Requirements• Location• Workload• Volume of Work
(4) Competitive Selection, cont.
• “Conduct discussions”, maybe presentations• At least 3 firms• Qualifications• Approach• Ability to provide required services
• NO FEE PROPOSALS!
(5) Competitive Negotiations• Negotiate with most qualified firm• Compensation fair, competitive, reasonable• Detailed cost analysis• Truth in Negotiations Certificate
• Contracts over 287.017 Category 4 ($195,000)• Wage rates, other unit costs
• Accurate• Complete• Current
• Contract states price adjusted if price increased due to• Inaccurate• Incomplete• Noncurrent wage rates/unit costs• Within 1 year end of contract
(5) Competitive Negotiations, cont.• Unable to negotiate with top ranked firm
• Price not fair• Price not competitive• Price not reasonable• Formal termination of negotiations
• Cannot go back once terminated
• Negotiate with 2nd most qualified• If unable to negotiate, go to 3rd
• Go down list of all firms till successful
World’s Best Disclaimer!
• “Except as provided in this subsection, this section is not applicable to the procurement of design-build contracts by any agency, and the agency must award design-build contracts in accordance with the procurement laws, rules, and ordinances applicable to the agency”
(9) Applicability to Design-Build Contracts
• Design Criteria package prepared by Design Criteria Professional
• Design Criteria Professional is not eligible to render services under the design-build contract
• DMS adopts rules for state agencies• Other agencies must adopt own rules for award of Design-
Build contracts
(9) Applicability to Design-Build Contracts, cont.
2 Selection Processes• Competitive Proposal Selection aka “Best
Value”• Qualifications Based Selection aka
“Progressive Design-Build”
(9) Applicability to Design-Build Contracts, cont.SELECTION PROCESSES
COMPETITIVE PROPOSALS
Short List minimum 3 firmsDesign Criteria Package in RFPEvaluation Criteria in RFP
QUALIFICATIONS BASED
Short List minimum 3 firmsSilent re: DCP
Determine if qualified
(9) Applicability to Design-Build Contracts, cont.SELECTION PROCESSES
COMPETITIVE PROPOSALS
Short list on qualifications
Technical Proposal
Price Proposal
QUALIFICATIONS BASED
Short list on qualifications
Negotiate Guaranteed Completion DateNegotiate GMP
(9) Applicability to Design-Build Contracts, cont.SELECTION PROCESSES
COMPETITIVE PROPOSALS
• Consult with Design Criteria Professional
• Evaluation of Tech/Price• Working drawing review• Construction compliance
with Design Criteria Package
QUALIFICATIONS BASED
• Retain licensed design professional to serve as agency’s representative
(9) Applicability to Design-Build Contracts, cont.
QUALIFICATIONS BASED SELECTIONSame as selection of professional services
• Statement of qualifications
• Determine if fully qualified• Capabilities• Adequacy of personnel• Past record• Experience of firm
• Other factors determined by agency
• Qualifications• Approach to project• Ability to furnish required services
• NOT PRICE
(9) Applicability to Design-Build Contracts, cont.
•Public Emergencies• Agency head declares emergency• Authorized negotiations with best qualified design-build firm available
(6) PROHIBITION AGAINST CONTINGENT FEES• Architect/Engineer/etc. warrants no one was hired or
retained anyone to solicit or secure a contract• Architect/Engineer/etc. has not paid consideration contingent
upon award of contract• Can use a bone fide employee working solely for
architect/engineer/etc.
• Specific prohibition language required in contract• Violation is first degree misdemeanor
• Applies to individual or corporation offering to secure contract • To architect/engineer/etc. offering to pay• To agency official offering to solicit or secure contract
(7) AUTHORITY OF DEPARTMENT OF MANAGEMENT SERVICES
• Department of Management Services• Agency authorized to advertise, select, negotiate
professional services for the State• Any agency of government may delegate authority
to DMS to perform functions
(8) STATE ASSISTANCE TO LOCAL AGENCIES
• DMS or DOT can provide assistance to • Municipalities• Political Subdivision• School Board• School District
• Selecting consultant(s)• Negotiating contract• If fee exceeds $25,000• Agency reimburses costs
involved
(10) REUSE OF EXISTING PLANS
• If agency reuses existing plans from prior agency project:• No public notice required • No selection process
• Plans intended to be reused in future must include statement that plans are subject to reuse
(11) CONSTRUCTION OF LAW
• CCNA does not supersede ss. 1013.45 & 1013.46• Educational facilities• 1013.45
•Educational Facilities Contracting & Construction Techniques
• 1013.46•Advertising and Awarding Contracts; Prequalification of Contractors