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287.055 287.055 Consultants' Competitive Negotiation Act Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services

287.055 Consultants' Competitive Negotiation Act Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping

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Page 1: 287.055 Consultants' Competitive Negotiation Act Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping

287.055287.055

Consultants' Competitive Negotiation Act

Acquisition of professional architectural, engineering, landscape architectural, or

surveying and mapping services

Page 2: 287.055 Consultants' Competitive Negotiation Act Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping

HistoryHistory

CCNA - created in 1971 by the CCNA - created in 1971 by the Florida Legislature as a Florida Legislature as a qualifications-based public qualifications-based public procurement method for acquisition procurement method for acquisition of professional architectural, of professional architectural, engineering, landscape architectural, engineering, landscape architectural, surveying and mapping services.surveying and mapping services.

Page 3: 287.055 Consultants' Competitive Negotiation Act Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping

CCNA Procedures - quick glance:CCNA Procedures - quick glance:

1.  Give public notice of projects above the 1.  Give public notice of projects above the $250,000 construction threshold, or a study above $250,000 construction threshold, or a study above $50,000.  $50,000. 

2.  Select the most qualified firm by considering 2.  Select the most qualified firm by considering pertinent criteria OTHER than compensation.pertinent criteria OTHER than compensation.

        3.  Negotiate a contract with selected firm which 3.  Negotiate a contract with selected firm which is fair and reasonable to both the firm and the is fair and reasonable to both the firm and the state. A very basic premise of the CCNA is that an state. A very basic premise of the CCNA is that an Agency may not request, accept, or consider fee Agency may not request, accept, or consider fee proposals from the submitting firms during the proposals from the submitting firms during the selection process.selection process.

Page 4: 287.055 Consultants' Competitive Negotiation Act Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping

Public announcement procedures

county, municipality, or other political subdivision – (newspaper) and own web site. Although not stated give enough time for professionals to put together information, good

rule of thumb follow 255.025 timeline. . Encouraging firms to submit statements of

qualifications and performance data. DMS website http://dms.myflorida.com/business_operations/real_estate_development_management/building_construction/forms_and_documents has Professional Qualification Supplement (PQS) that are used for submittals.

Request additional information on their experience and ability with sample photographs and information

Page 5: 287.055 Consultants' Competitive Negotiation Act Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping
Page 6: 287.055 Consultants' Competitive Negotiation Act Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping
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3. Competitive Selection

Set up a Selection Committee & schedule the selection date, time and suitable location for 1st round of review

Selection Committee will review each application in depth and rate applicants per pre-arranged qualifications. Qualifications should follow what was requested in the PQS.

Selection Committee will determine the preliminary rating of the firms under consideration and select three firms with the highest scores to present oral interviews.

The Selection Committee will discuss and decide what topics should be covered in the oral interviews, date and time is also determined.

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Selection Recommendation – the Selection Recommendation – the Committee will recommend the Committee will recommend the three firms most qualified to three firms most qualified to accomplish the work, in priority accomplish the work, in priority order according to the final totals. order according to the final totals.

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4. Competitive Negotiation

Negotiate contract with most qualified firm

Compensation is fair, competitive and reasonable

If contract amount over $150,000 (287.017) Category 4, truth in negotiation certificate required from firm receiving award

If not able negotiate contract with 1, go to 2.

If not able to negotiate a contract with 2, go to 3. select more firms, based on qualifications, until agreement reached.

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

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Page 12: 287.055 Consultants' Competitive Negotiation Act Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping
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5. Prohibition on contingency fees

Contract includes term contractor not pay or agreed to pay fee contingent on award or entering into contract

If breach agency has right terminate and deduct gift/fee amount.

Criminal provisions.

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6. DMS Authority

DMS is the agency of state government which is solely and exclusively authorized and empowered to administer and perform functions of announcement, competitive selection and competitive negotiation regarding all projects for which the funds necessary to complete and are appropriated to the DMS, irrespective of whether such projects are intended for the use and benefit of the DMS or any other agency of government.

Delegation

State Assistance to Local Agencies.

On any professional service which the fee is over $25,000 assist in selecting consultants and negotiations.

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Applicability to Design-Build Applicability to Design-Build ContractsContracts

Design Criteria Package  Design criteria package prepared and sealed by

design criteria professional Selection and contracting done by the CCNA

requirements. A design criteria professional who has been

selected to prepare the design criteria package is not eligible to render services under a design-build contract executed pursuant to the design criteria package

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Design Build Contracts Award of design-build contract by competitive selection

or qualifications based selection Qualification based Selection

Competitive negotiations, (GMP) guaranteed maximum price and completion date

if qualifications based selection used for design-build selection, employ design profession to serve as agency representative.

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Procedures for the use of a competitive proposal selection process must include:

1.  The preparation of a design criteria package for the design and construction of the public construction project.

2.  The qualification and selection of no fewer than three design-build firms as the most qualified, based on the qualifications, availability, and past work of the firms, including the partners or members thereof.

3.  The criteria, procedures, and standards for the evaluation of design-build contract proposals or bids, based on price, technical, and design aspects of the public construction project, weighted for the project.

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Procedures for the use of a competitive proposal selection process must include:

4.  The solicitation of competitive proposals, pursuant to a design criteria package, from those qualified design-build firms and the evaluation of the responses or bids submitted by those firms based on the evaluation criteria and procedures established prior to the solicitation of competitive proposals.

5.  For consultation with the employed or retained design criteria professional concerning the evaluation of the responses or bids submitted by the design-build firms, the supervision or approval by the agency of the detailed working drawings of the project; and for evaluation of the compliance of the project construction with the design criteria package by the design criteria professional.

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Procedures for the use of a competitive proposal selection process must include:

6.  In the case of public emergencies, for the agency head to declare an emergency and authorize negotiations with the best qualified design-build firm available at that time.

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Discussion PointsDiscussion Points AIA - American Institute of Architects - the AIA - American Institute of Architects - the

licensing board for architects.licensing board for architects. Definition of a Continuing Area Contract Definition of a Continuing Area Contract

and how they are used.and how they are used. Basic negotiation process and the use of Basic negotiation process and the use of

the "Design Professional Fee Guidelines" the "Design Professional Fee Guidelines" published on DMS website.published on DMS website.

  Lump Sum Basic Services and Additional Lump Sum Basic Services and Additional Services definition / breakdown.Services definition / breakdown.

Differences between .055 and .057.Differences between .055 and .057.

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Focus on DefinitionsFocus on Definitions

(a)  "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.

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(b)  "Project" means that fixed capital outlay study or planning activity described in the public notice of the state or a state agency under paragraph (3)(a). A project may include:

1.  A grouping of minor construction, rehabilitation, or renovation activities.

2.  A grouping of substantially similar construction, rehabilitation, or renovation activities.

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(c)  A "continuing contract" is a contract [ ] 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.

Firms providing professional services under continuing contracts shall not be required to bid against one another.

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(d)  A "design criteria package" means concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit design-build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated design-build contract. [requirements].

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(e)  "Negotiate" or any form of that word means to conduct legitimate, arms length discussions and conferences to reach an agreement on a term or price. For purposes of this section, the term does not include presentation of flat-fee schedules with no alternatives or discussion.

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(f)  "Agency" means the state, a state agency, a municipality, a political subdivision, a school district, or a school board. [ ]

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Other QuestionsOther Questions