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“EVERYBODY WINS”. CCNA REFORM. CURRENT LAW. Exclusively prescribes the use of a qualifications based selection process for awarding contracts Prohibits the competitive consideration of price during the selection phase (contrary to other purchases)
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“EVERYBODY WINS” CCNA REFORM
CURRENT LAW • Exclusively prescribes the use of a qualifications based selection process for awarding contracts • Prohibits the competitive consideration of price during the selection phase (contrary to other purchases) • Sanctions the use of price for Design/Build contracts
PROBLEMS WITH CURRENT LAW • Prescribes only one method of source selection (unlike purchases of other professional services where more discretion is afforded) • Facilitates “blind” decision making • Promotes “subjective” procurement decisions • Denies the public the opportunity to compare price/costs (“determine value”)
OTHER PURCHASESPROFESSIONAL SERVICES • Audit and accounting services (F.S.218.391) • Medical services • Legal services • Management consulting • Technology-related • Real Estate
SUMMARY OF PROPOSED REFORM Afford public agencies two options when procuring CCNA prescribed services: 1. Use existing QBS process within statute; or 2. Use “best value” process among “short listed” firms.
SUMMARY OF PROPOSED REFORM(CONTINUED) • Firms would submit qualifications in response to public announcement (same as QBS process). • Agencies would rank the firms based on qualifications and establish a “short list” among the top firms (same as QBS process). • Agencies would have the option of soliciting fees and evaluate along with qualifications before finalizing the short list and commencing negotiations.
WHAT THE REFORM IS… • Initiative to give public agencies more discretion in the procurement of professional services. • Opportunity to align the procurement method for CCNA professional services with how other professional services are purchased. • Means of increasing transparency and public confidence in the procurement process.
WHAT THE REFORM IS NOT… • The introduction of “sealed bidding” or any other price-based competition method. • An attempt to make price the primary competitive consideration. • An effort to eliminate the use of qualifications based competition which would remain “as is” within the law.
OTHER CONCEPTS FOR DISCUSSION • Use of Concurrent Negotiations • More flexible definition of the term “Project” • Clarification regarding the award to multiple firms • Right to reject all proposals
SUPPORTERS OF REFORM • National Institute of Governmental Purchasing (NIGP) • Florida Association of Counties (FAC) • Florida Association of Public Purchasing Officers (FAPPO) • Florida Government Finance Officers Association (FGFOA) • Several County Commissions and City Councils within Florida • Various licensed engineers and other professionals
OTHER ISSUES ? ? ?