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

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)

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

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    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 This presentation is to provide guidance in meeting all of the requirements of PP-100 and especially F.S. 287.055. The highlighted and underlined items are links either within the PowerPoint presentation or to web pages.This presentation is to provide guidance in meeting all of the requirements of PP-100 and especially F.S. 287.055. The highlighted and underlined items are links either within the PowerPoint presentation or to web pages.

    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 The over-riding reason for establishing PP-100 is to abide by the interpretation of F.S. 287.055 by the Board’s Legal Department. I am aware that other entities within the State interpret the statute differently, we are bound by the current interpretation by Legal. Basically you run the risk of having Legal pull an item that does not abide by this policy. Thereby the Office of Purchasing will review these before Legal and it is our aim to resolve these items early in the process. These items listed are the main items of concern with regards to specific dollar levels, public announcements, and selection.The over-riding reason for establishing PP-100 is to abide by the interpretation of F.S. 287.055 by the Board’s Legal Department. I am aware that other entities within the State interpret the statute differently, we are bound by the current interpretation by Legal. Basically you run the risk of having Legal pull an item that does not abide by this policy. Thereby the Office of Purchasing will review these before Legal and it is our aim to resolve these items early in the process. These items listed are the main items of concern with regards to specific dollar levels, public announcements, and selection.

    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. Definition of Professional Services – architecture, professional engineering, landscape architecture, or registered surveying and mapping Three items are actually listed here for determining the maximum ceiling without the need for a “stand-alone” solicitation. Construction - $1,000,000.00 Study - $50,000.00 Work of a specified nature – Legal has agreed that these can, in the case of studies, be established in order to exceed the $50,000.00 but still must not exceed the $1,000,000.00 per project.Definition of Professional Services – architecture, professional engineering, landscape architecture, or registered surveying and mapping Three items are actually listed here for determining the maximum ceiling without the need for a “stand-alone” solicitation. Construction - $1,000,000.00 Study - $50,000.00 Work of a specified nature – Legal has agreed that these can, in the case of studies, be established in order to exceed the $50,000.00 but still must not exceed the $1,000,000.00 per project.

    4. DEFINITIONS CONT’D (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. Public Announcement and levels whereby announcement is required Construction Cost exceeds $250,000.00 Study Cost exceeds $25,000.00 The highlighted link is to the State website 287.017 regarding the categories and the corresponding dollar valuesPublic Announcement and levels whereby announcement is required Construction Cost exceeds $250,000.00 Study Cost exceeds $25,000.00 The highlighted link is to the State website 287.017 regarding the categories and the corresponding dollar values

    5. DEFINITIONS CONT’D (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES CONT’D (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. We meet this requirement with PD 02-03.79, Professional Services as Governed by Florida Statute 287.055 and all of the associated contracts of a “specified nature”.We meet this requirement with PD 02-03.79, Professional Services as Governed by Florida Statute 287.055 and all of the associated contracts of a “specified nature”.

    6. DEFINITIONS CONT’D (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES CONT’D (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. This item is done partly when the “continuing contract” is established and when you do your evaluation of the firms as part of choosing the most qualified firm for the project. This involves capabilities, adequacy of personnel, past record and experience. We do not have any ordinance or policy in place within Escambia County relative to small and minority business assistance. This item is done partly when the “continuing contract” is established and when you do your evaluation of the firms as part of choosing the most qualified firm for the project. This involves capabilities, adequacy of personnel, past record and experience. We do not have any ordinance or policy in place within Escambia County relative to small and minority business assistance.

    7. DEFINITIONS CONT’D (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. This section establishes the need for you to review the responses from the firms. Legal has agreed that we don’t need to “conduct discussions” with no fewer than three firms, but they do require that a review of the available firms needs to be done relative to the qualifications, known approach to the project and ability to furnish the required services.This section establishes the need for you to review the responses from the firms. Legal has agreed that we don’t need to “conduct discussions” with no fewer than three firms, but they do require that a review of the available firms needs to be done relative to the qualifications, known approach to the project and ability to furnish the required services.

    8. DEFINITIONS CONT’D (4)  COMPETITIVE SELECTION CONT’D (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. This section addresses the need for ranking of the firms. While it might seem necessary, what if you can’t reach an agreement with the “one” firm you select in the negotiation phase. At this point you would have to re-notice the firms, meet and re-select. If you were to have ranked three firms, you could then move to negotiations with the number two firm. Additionally there is criteria established here for considering the firms. This with the previous criteria gives a broad basis for choosing the best firm for the project.This section addresses the need for ranking of the firms. While it might seem necessary, what if you can’t reach an agreement with the “one” firm you select in the negotiation phase. At this point you would have to re-notice the firms, meet and re-select. If you were to have ranked three firms, you could then move to negotiations with the number two firm. Additionally there is criteria established here for considering the firms. This with the previous criteria gives a broad basis for choosing the best firm for the project.

    9. DEFINITIONS CONT’D (4)  COMPETITIVE SELECTION CONT’D 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). The first line and subsection (5) establishes the time when you can begin discussing compensation with the firm. The second section is relative to “stand-alone” solicitations and to a point continuing contracts. For procurement reasons we require you to provide the basic information in F0175 for those projects under these values. We do not require the notification process.The first line and subsection (5) establishes the time when you can begin discussing compensation with the firm. The second section is relative to “stand-alone” solicitations and to a point continuing contracts. For procurement reasons we require you to provide the basic information in F0175 for those projects under these values. We do not require the notification process.

    10. DEFINITIONS CONT’D (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. This section relates to the actual negotiations. Don’t just accept the fee proposal from the firm, review it with the intent of determining is it fair, competitive, and reasonable. With regards to the section on lump-sum contract, we accept a statement from the firm that their lump-sum fee proposal is per the “Maximum Ceiling” agreement of the contract. I hope Legal does not make us start going to this extent.This section relates to the actual negotiations. Don’t just accept the fee proposal from the firm, review it with the intent of determining is it fair, competitive, and reasonable. With regards to the section on lump-sum contract, we accept a statement from the firm that their lump-sum fee proposal is per the “Maximum Ceiling” agreement of the contract. I hope Legal does not make us start going to this extent.

    11. DEFINITIONS CONT’D (5)  COMPETITIVE NEGOTIATION CONT’D 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. Subsection (b) is the documentation that allows negotiations to be established with the number two or three firm in cases of failure to reach an acceptable negotiation with the previous firm.Subsection (b) is the documentation that allows negotiations to be established with the number two or three firm in cases of failure to reach an acceptable negotiation with the previous firm.

    12. DEFINITIONS CONT’D (5)  COMPETITIVE NEGOTIATION CONT’D 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. This is a continuation of the previous slide relative to the continuation of negotiations with the next firm.This is a continuation of the previous slide relative to the continuation of negotiations with the next firm.

    13. 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” This is the meat of this presentation, determining what to do and when. Study Activity Construction Surveying and MappingThis is the meat of this presentation, determining what to do and when. Study Activity Construction Surveying and Mapping

    14. 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 A&E (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. Two things to keep in mind when determining the value of the project. Construction cost and how to arrive at the value Study cost and how to arrive at the valueTwo things to keep in mind when determining the value of the project. Construction cost and how to arrive at the value Study cost and how to arrive at the value

    15. Primary Dollar Value Milestones: Under $250,000 for A&E Services / Construction (slide 16) $250,000 to $1,000,000 for A&E Services / Construction (slide 18) Under $25,000 for A&E Services / Studies (slide 19) $25,000 to $50,000 for A&E Services / Studies (slide 21) $50,000 to $1,000,000 for A&E Services / Studies (slide 22) Dollar MilestonesDollar Milestones

    16. Under $250,000 for A&E 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. Construction, under $250,000.00 No need to notify all the firms Need to establish the ranking Negotiation Prepare F0175 Task Order Fee Proposal RequisitionConstruction, under $250,000.00 No need to notify all the firms Need to establish the ranking Negotiation Prepare F0175 Task Order Fee Proposal Requisition

    17. Under $250,000 for A&E Services / Construction cont’d 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. Continuation of previous slideContinuation of previous slide

    18. $250,000 to $1,000,000 for A&E 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. Construction $250,000.00 to $1,000,000.00 Need to notify all the firms Posting of public notice in public portion of the building Need to establish the ranking Negotiation Prepare F0175 Task Order Fee Proposal RequisitionConstruction $250,000.00 to $1,000,000.00 Need to notify all the firms Posting of public notice in public portion of the building Need to establish the ranking Negotiation Prepare F0175 Task Order Fee Proposal Requisition

    19. Under $25,000 for A&E 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. Studies under $25,000.00 No need to notify all the firms Need to establish the ranking Negotiation Prepare F0175 Task Order Fee Proposal RequisitionStudies under $25,000.00 No need to notify all the firms Need to establish the ranking Negotiation Prepare F0175 Task Order Fee Proposal Requisition

    20. Under $25,000 for A&E Services / Studies Cont’d 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. Continuation of Studies under $25,000.00Continuation of Studies under $25,000.00

    21. $25,000 to $50,000 for A&E 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. Studies $25,000.00 to $50,000.00 Need to notify all the firms Posting of public notice in public portion of the building Need to establish the ranking Negotiation Prepare F0175 Task Order Fee Proposal RequisitionStudies $25,000.00 to $50,000.00 Need to notify all the firms Posting of public notice in public portion of the building Need to establish the ranking Negotiation Prepare F0175 Task Order Fee Proposal Requisition

    22. $50,000 to $1,000,000 for A&E 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 Studies, Scope Specific $50,000.00 to $1,000,000.00 First requires a continuing contract with a specific scope of work Need to notify all the firms Posting of public notice in public portion of the building Need to establish the ranking Negotiation Prepare F0175 Task Order Fee Proposal RequisitionStudies, Scope Specific $50,000.00 to $1,000,000.00 First requires a continuing contract with a specific scope of work Need to notify all the firms Posting of public notice in public portion of the building Need to establish the ranking Negotiation Prepare F0175 Task Order Fee Proposal Requisition

    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 Public Announcements – These are the basic needs with regards to public announcements, especially the posting of the notice in a “Public” location within the buildingPublic Announcements – These are the basic needs with regards to public announcements, especially the posting of the notice in a “Public” location within the building

    24. 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 Meeting requirements Use F0175 as your agenda. In filling in the form as part of your meeting you have now prepared your minutes of the meeting.Meeting requirements Use F0175 as your agenda. In filling in the form as part of your meeting you have now prepared your minutes of the meeting.

    25. F0175 Sample Form

    26. 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. Negotiations Please, please, please remember that the percentages are a “maximum ceiling”. Try everything possible to get these down.Negotiations Please, please, please remember that the percentages are a “maximum ceiling”. Try everything possible to get these down.

    27. 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 firm’s 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 (P&P Form F0180) Task Orders, review if needed.Task Orders, review if needed.

    28. Finalize the Process Transmit the following to Purchasing Requisition Task Order Firm’s Fee Proposal P&P Form F0175 Copy of Public Notice Copy of Board action, if applicable Items to be forwarded to Purchasing. With these you should not have any problems.Items to be forwarded to Purchasing. With these you should not have any problems.

    29. 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. Simple suggestions Expand and ask if there are any others ways we can help.Simple suggestions Expand and ask if there are any others ways we can help.

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