FLORIDA STATE STATUTE 287 - FAPPO - Understanding CCNA.pdf · Brooks Act of 1972 •President Lyndon Johnson and Congressman Jack Brooks •Competition •Qualifications •Capabilities

UNDERSTANDING THE CCNAFLORIDA STATE STATUTE 287.055

Joanne Flick, CPPO, CPPBPurchasing AgentCity of Daytona Beach May 13, 2016

A Historical Perspective

Pre World War II •Federal Government in-house design•1939 – Enabling legislation to contract outside architecture and engineering services

•No source selection procedure

Brooks Act of 1972•President Lyndon Johnson and Congressman Jack Brooks

•Competition •Qualifications•Capabilities•Experience

•Most states adopted “Little Brooks Act”

Kansas City Hyatt Regency Skyway Collapse• 1981• 2 elevated skyways over lobby collapse• 111 killed• 188 injured• Low bid award of engineering services• Low bid award of engineer one of the 6 factors causing failure

Congress•“Procurement practices that lead to or promote the selection of an architect or engineer on a low bid basis should be changed to require the pre-qualification of bidders with greater consideration given to prior related experience and past performance.”

Ronald Reagan

“Good design doesn’t cost money. Good design saves money”

Florida Statute 287.055

Consultants’ Competitive Negotiations Act (CCNA)Professional Services

ArchitectsEngineersLandscape ArchitectsSurveyors/Mappers

Statute Structure• (1) Short Title• (2) Definitions• (3) Public Announcement• (4) Competitive Selection• (5) Competitive Negotiation• (6) Prohibition Against

Contingent Fees

• (7) Authority of DMS• (8) State Assistance to

Local Agencies• (9) Applicability to Design-

Build Contracts• (10) Reuse of Existing

Plans• (11) Construction of Law

(2) DEFINITIONS

(2) Definitions• Professional Services –

Architecture, Engineering, LA, Surveying/Mapping

• Agency – not a developer that contributes public facilities. See P3 Statute 287.05712

• Firm – individual, firm, corporation…permitted to practice architecture, engineering, or surveying mapping

• Compensation – Lump sum, hourly rate, overhead, other figures or formulas

• Project – Fixed Capital Outlay > $ thresholds• Group of minor construction,

rehab, renovation• Group of similar construction,

rehab, renovation

(2) Definitions, cont.

• Continuing Contract • Professional Services, project

construction under $2 million• Study with fee under $200,000• Work of a specified nature• Term

• Fixed term • termination clause

• Not required to bid against each other

• Design Build Firm• Certified or Registered

General Contractor, OR• Certified or Registered

Building Contractor, OR• Engineering firm, OR• Architecture firm, OR• Landscape Architecture firm.

(2) Definitions, cont.

• Design-Build Contract• One contract for design AND

construction of public project

• Design Criteria Professional• Architect, LA, or Engineer• Employed by or under contract

with agency• Prepares Design Criteria

Package

• Design Criteria Package• Concise• Performance-oriented

drawings• Performance-oriented

specifications• Sufficient to permit DB firms

to submit a proposal, OR• Sufficient to permit

negotiations with a DB

(3) PUBLIC ANNOUNCEMENT & QUALIFICATION PROCEDURES

(3) Public Announcement & Qualification Procedures

ANNOUNCEMENT• Services for “Project”• Basic construction cost greater than 287.017 Category 5

• $325,000• Good faith estimate of construction cost

• Planning or Study• Fee higher than 287.017 Category 2

• $35,000

(3) Public Announcement & Qualification Procedures, cont.• Firm is fully qualified

• Capabilities• Adequacy of Personnel• Past Record• Experience of Firm/Individual• MWBE Status• Other Factors specific to project• Volume of Work (equitable distribution)

• Public not excluded from Selection Process

(4) COMPETITIVE SELECTION

(4) Competitive Selection• SOQs on file• Request for Proposals /Qualifications• Evaluate, Rank and Short List at least 3 firms

• Ability of Professional Personnel• Certified M/WBE• Past Performance• Time & Budget Requirements• Location• Workload• Volume of Work

(4) Competitive Selection, cont.

• “Conduct discussions”, maybe presentations• At least 3 firms• Qualifications• Approach• Ability to provide required services

• NO FEE PROPOSALS!

(5) COMPETITIVE NEGOTIATIONS

(5) Competitive Negotiations• Negotiate with most qualified firm• Compensation fair, competitive, reasonable• Detailed cost analysis• Truth in Negotiations Certificate

• Contracts over 287.017 Category 4 ($195,000)• Wage rates, other unit costs

• Accurate• Complete• Current

• Contract states price adjusted if price increased due to• Inaccurate• Incomplete• Noncurrent wage rates/unit costs• Within 1 year end of contract

(5) Competitive Negotiations, cont.• Unable to negotiate with top ranked firm

• Price not fair• Price not competitive• Price not reasonable• Formal termination of negotiations

• Cannot go back once terminated

• Negotiate with 2nd most qualified• If unable to negotiate, go to 3rd

• Go down list of all firms till successful

(9) APPLICABILITY TO DESIGN-BUILD CONTRACTS

World’s Best Disclaimer!

• “Except as provided in this subsection, this section is not applicable to the procurement of design-build contracts by any agency, and the agency must award design-build contracts in accordance with the procurement laws, rules, and ordinances applicable to the agency”

(9) Applicability to Design-Build Contracts

• Design Criteria package prepared by Design Criteria Professional

• Design Criteria Professional is not eligible to render services under the design-build contract

• DMS adopts rules for state agencies• Other agencies must adopt own rules for award of Design-

Build contracts

(9) Applicability to Design-Build Contracts, cont.

2 Selection Processes• Competitive Proposal Selection aka “Best

Value”• Qualifications Based Selection aka

“Progressive Design-Build”

(9) Applicability to Design-Build Contracts, cont.SELECTION PROCESSES

COMPETITIVE PROPOSALS

Short List minimum 3 firmsDesign Criteria Package in RFPEvaluation Criteria in RFP

QUALIFICATIONS BASED

Short List minimum 3 firmsSilent re: DCP

Determine if qualified



Short list on qualifications

Technical Proposal

Price Proposal


Short list on qualifications

Negotiate Guaranteed Completion DateNegotiate GMP



• Consult with Design Criteria Professional

• Evaluation of Tech/Price• Working drawing review• Construction compliance

with Design Criteria Package


• Retain licensed design professional to serve as agency’s representative


QUALIFICATIONS BASED SELECTIONSame as selection of professional services

• Statement of qualifications

• Determine if fully qualified• Capabilities• Adequacy of personnel• Past record• Experience of firm

• Other factors determined by agency

• Qualifications• Approach to project• Ability to furnish required services

• NOT PRICE


•Public Emergencies• Agency head declares emergency• Authorized negotiations with best qualified design-build firm available

(1) SHORT TITLE

CONSULTANTS’ COMPETITIVE NEGOTIATIONS ACT

(6) PROHIBITION AGAINST CONTINGENT FEES

(6) PROHIBITION AGAINST CONTINGENT FEES• Architect/Engineer/etc. warrants no one was hired or

retained anyone to solicit or secure a contract• Architect/Engineer/etc. has not paid consideration contingent

upon award of contract• Can use a bone fide employee working solely for

architect/engineer/etc.

• Specific prohibition language required in contract• Violation is first degree misdemeanor

• Applies to individual or corporation offering to secure contract • To architect/engineer/etc. offering to pay• To agency official offering to solicit or secure contract

(7) AUTHORITY OF DEPARTMENT OF MANAGEMENT SERVICES

(7) AUTHORITY OF DEPARTMENT OF MANAGEMENT SERVICES

• Department of Management Services• Agency authorized to advertise, select, negotiate

professional services for the State• Any agency of government may delegate authority

to DMS to perform functions

(8) STATE ASSISTANCE TO LOCAL AGENCIES

(8) STATE ASSISTANCE TO LOCAL AGENCIES

• DMS or DOT can provide assistance to • Municipalities• Political Subdivision• School Board• School District

• Selecting consultant(s)• Negotiating contract• If fee exceeds $25,000• Agency reimburses costs

involved

(10) REUSE OF EXISTING PLANS

(10) REUSE OF EXISTING PLANS

• If agency reuses existing plans from prior agency project:• No public notice required • No selection process

• Plans intended to be reused in future must include statement that plans are subject to reuse

(11) CONSTRUCTION OF LAW

(11) CONSTRUCTION OF LAW

• CCNA does not supersede ss. 1013.45 & 1013.46• Educational facilities• 1013.45

•Educational Facilities Contracting & Construction Techniques

• 1013.46•Advertising and Awarding Contracts; Prequalification of Contractors

Now you know about the…

QUESTIONS? DISCUSSION!

THANK YOU!

Documents

FLORIDA STATE STATUTE 287 - FAPPO - Understanding CCNA.pdf · Brooks Act of 1972 •President Lyndon Johnson and Congressman Jack Brooks •Competition •Qualifications •Capabilities