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Agenda 03/10/2009 Item #16E 1 ,.6,genda ltSr.l !-,Jo. 16E 1 Marcil 10. 2009 Page 1 of 4 EXECUTIVE SUMMARY Resolution of support to amend the Consultants Competitive Negotiation Act (or "CCNA"). OBJECTIVE: To improve public procurement in the state of Florida. CONSIDERATIONS: Under Florida law, state and local governments are prohibited from considering price when selecting consultants who provide specific professional services (architecture, engineering, landscape architecture, surveying and mapping). Instead, agencies are required to rank (select) firms based strictly upon qualifications. Price is then negotiated with the top-ranked firm with no knowledge of what the other firms might charge for the work. While this method of procurement may be advantageous under certain circumstances, it prevents the County or its citizens from ever being able to directly compare fee proposals in the initial contracting process. Accordingly, several professional associations within Florida (and across the country) are seeking to change the law to allow public entities the discretion to continue to use the existing "qualifications-based selection" process or to utilize an alternative "best value" method. Under the alternative method, firms would be ranked according to qualifications as they are presently. The top-ranked firms would then be invited to submit a fee proposal. The top firms would then be re-evaluated considering qualifications and price with the latter being weighted at not more than 50 percent of the total award criteria. The list of groups supporting the proposed legislation includes the following entities: ;.. The Florida Association of Counties (FAC) ;.. The Florida Association of Public Purchasing Officers (FAPPO) ;.. The Florida Government Finance Officers Association (FGFOA) ;.. The National Institute of Government Purchasing (NIGP) ;.. The Southeast Florida Chapter of NIGP ;.. Wakulla County ;.. Sarasota County ;.. Lee County ;.. St. Lucie County ;.. Several public professional engineers through out Florida The Board has previously endorsed the proposed change as part of its annual state legislative agenda. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This is not quasi-judicial and as such requires only majority vote. This item is legally sufficient for Board action. - CMG FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopts the enclosed Resolution of support to amend the Consultant's Competitive Negotiation Act (or "CCNA"), - PREPARED BY: Steve Carnell, Purchasing/General Services Director Page I of 1 f'\C1'0nda item ~,jo, -16E1 ~ r/iarch '10,2009 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMM!SSIONERS Item Number: 16E1 Item Summary: Recommendation to adopt resolution of support to amend the Consultants' Competitive Negotiation Act (CCNA) 3/10120099:00:00 AM Meeting Date: Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1!29f2009 8:32 AM Approved B~' Colleen Greene Assistant County Attamer Date County A.ttorney County Attorney Office 1129/2009 8AS AM A pproved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1129120098:46 AM A pproved B)' OMS Coordinator OMS Coordinator Date County Manilger's Office Office of Management & Budget 1129/2009 11 :54 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney Count.y Attorney Office 1/29/20091:14 PM A pprond By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2/2/200911:57 AM A pprond By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3'4/20094:28 PM filp.llr.\ /). o-pnrl."Tpc;\J=;'vn^rt\ 1, "_l\A",.."ho/.- If)' II O/~ ,n,()nO\ 1 h O/~ ,f)rY....f\.lCh'l\.lTOI_,f) ^ ~hl>..Jn ^ \ 1 1:/,1 !,f)f)O , i 'J.,t,E1 L'ia:rh 1:} 2':(<9 :; :i: -4 RESOLUTION NO. 2009- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING SUPPORT FOR PROPOSED CHANGES TO SECTION 287.055, FLORIDA STATUTES, ALSO K.I\IOWN AS "THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT" OR "CCNA." WHEREAS, local and state agencies throughout Florida are experiencing severe and signi ficant reductions in revenue; and and WHEREAS, professional services agreements constitute a significant public expenditure; WHEREAS, many local and state agencies throughout the United States routinely compare fees among competing firms before selecting an architect or engineer; and WHEREAS, current Florida law prohibits local and state agencies from competitively comparing architectural/engineering fees and related costs; and WHEREAS, several public organizations including the Florida Association of Counties, the Florida GovcITlll1ental Finance Officers Association, the Florida Association of Public Procurement Officers and the National Institute of GoveITlll1ent Purchasing support the use of alternative procurement methods for the acquisition of professional services; and WHEREAS, the enclosed proposed language would modify the existing state law and would give local and state agencies the discretion to competitively compare fees and make a best value selection that considers qualifications 311d price anlong pre-qualified firms. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, to support the proposcd changes to the Consultants' Competitive Negotiation Act in order to allow local and state agencies to procure professional services on a "best value basis" as set forth in the enclosed language. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this _ day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ! . l~ Ii W i ; fi I ~ ~ ~ By: By: _..___'........ , Deputy Clerk , CHAIRMAN form .. ncy: Jeffre A. Coun A latzkow rney 4;js:yja Item ~~o. 161::1 r\~EliCh 10. 2009 P3;j8 4 of 4 SAMPLE LANGAUGE (2) DEFINITIONS (m) "A best vaJue selection" means a selection of a firm(s) whose proposal provides the greatest overall benefit to the agency in accordance with the requirements of a formal solicitation. (12) APPLlCABTLlTY TO BEST VALUE SELECTIONS... a) Except as provided for in this subsection, this section is not applicable to the selection of a firm(s) on a best value basis by any agency, and the agency shall make such selections in accordance with the procurement laws, rules and ordinances applicable to the agency. b) Every agency shall adopt rules or ordinances goveming the selection ofa firm(s) on a best value basis. Procedures for the use of a best value selection process shall include as a minimum, the following: 1. The preparation and distribution of a public solicitation consistent with the requirements of Sections (3) and (4)(a). 2. A distinct two step selection process, which shall include as a minimwn, the following: a. Under the first step, competing firms shall be evaluated in the manner set forth under subsection (4)(b) except as otherwise set forth in this section. Proposals for compensation to be paid under the contract will not be solicited or accepted during this stcp of the process. b. Under the second step, the finns selected under subsection 2.a shall be asked to submit a compensation proposal for the proposed work, which shall be evaluated along with the information evaluated under subsection 2.a and any other information the agency chooses to request with the compensation proposal to make a best value selection(s). 3. The criteria, procedures and standards for the evaluation of proposals considered under subsections 2.a and 2.b respectively, which shall be publishcd in the public solicitation. In no instance shall the criterion pertaining to compensation exceed 50 percent of the total weight of the published evaluation criteria. 4. In the case of valid public emergencies, for the agency head to declare an emergency and authorize negotiations with the best finn available at that time.