- Количество слайдов: 27
287. 055 Consultants' Competitive Negotiation Act Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services
History n CCNA - created in 1971 by the Florida Legislature as a qualifications-based public procurement method for acquisition of professional architectural, engineering, landscape architectural, surveying and mapping services.
CCNA Procedures - quick glance: 1. Give public notice of projects above the $250, 000 construction threshold, or a study above $50, 000. 2. Select the most qualified firm by considering pertinent criteria OTHER than compensation. 3. Negotiate a contract with selected firm which is fair and reasonable to both the firm and the state. A very basic premise of the CCNA is that an Agency may not request, accept, or consider fee proposals from the submitting firms during the selection process.
n Public announcement procedures n 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. n Encouraging firms to submit statements of qualifications and performance data. DMS website http: //dms. myflorida. com/business_operations/real_esta te_development_management/building_construction/for ms_and_documents has Professional Qualification Supplement (PQS) that are used for submittals. n Request additional information on their experience and ability with sample photographs and information
n 3. Competitive Selection n Set up a Selection Committee & schedule the selection date, time and suitable location for 1 st round of review n Selection Committee will review each application in depth and rate applicants per pre-arranged qualifications. Qualifications should follow what was requested in the PQS. n Selection Committee will determine the preliminary rating of the firms under consideration and select three firms with the highest scores to present oral interviews. n The Selection Committee will discuss and decide what topics should be covered in the oral interviews, date and time is also determined.
n Selection Recommendation – the Committee will recommend the three firms most qualified to accomplish the work, in priority order according to the final totals.
n 4. Competitive Negotiation n Negotiate contract with most qualified firm n Compensation is fair, competitive and reasonable n If contract amount over $150, 000 (287. 017) Category 4, truth in negotiation certificate required from firm receiving award n If not able negotiate contract with 1, go to 2. n If not able to negotiate a contract with 2, go to 3. select more firms, based on qualifications, until agreement reached. n 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
n 5. Prohibition on contingency fees n Contract includes term contractor not pay or agreed to pay fee contingent on award or entering into contract n If breach agency has right terminate and deduct gift/fee amount. n Criminal provisions.
n 6. DMS Authority n 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. n Delegation n State Assistance to Local Agencies. n On any professional service which the fee is over $25, 000 assist in selecting consultants and negotiations.
Applicability to Design-Build Contracts n Design Criteria Package n Design criteria package prepared and sealed by design criteria professional n Selection and contracting done by the CCNA requirements. n 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
n Design Build Contracts n Award of design-build contract by competitive selection or qualifications based selection n Qualification based Selection n Competitive negotiations, (GMP) guaranteed maximum price and completion date n if qualifications based selection used for design- build selection, employ design profession to serve as agency representative.
Procedures for the use of a competitive proposal selection process must include: n 1. The preparation of a design criteria package for the design and construction of the public construction project. n 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. n 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.
Procedures for the use of a competitive proposal selection process must include: n 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. n 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.
Procedures for the use of a competitive proposal selection process must include: n 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.
Discussion Points n n n AIA - American Institute of Architects - the licensing board for architects. Definition of a Continuing Area Contract and how they are used. Basic negotiation process and the use of the "Design Professional Fee Guidelines" published on DMS website. Lump Sum Basic Services and Additional Services definition / breakdown. Differences between. 055 and. 057.
Focus on Definitions n (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.
n (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.
n (c) A "continuing contract" is a contract [ ] whereby the firm provides professional services to the agency for projects in which: n construction costs do not exceed $1 million, n for study activity when the fee for such professional service does not exceed $50, 000, or n 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. n Firms providing professional services under continuing contracts shall not be required to bid against one another.
n (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].
n (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.
n (f) "Agency" means the state, a state agency, a municipality, a political subdivision, a school district, or a school board. [ ]