The 2020 Florida Legislative Regular Session has seen significant delays, with the Governor only approving two of the five important Procurement bills which were passed by both the House and Senate thus far. Many of these bills, if passed, become effective on July 1st.
This represents a brief summary of the potential impact. Agencies are encouraged to read the full bill and Staff Analyses for more information, and review the Legislative Update SS which is posted on FAPPO’s website under Members Only, Legislative Updates:
- HB 441 – Effective July 1, 2020. Signed by Governor 6/29/2020. The bill increases the maximum limit for continuing contracts covered by the CCNA from an estimated per-project construction cost of $2 million to $4 million. The bill also increases the maximum limit for procuring a study using a continuing contract from $200,000 per study to $500,000.
- HB 915 – As of this writing, not yet presented to Governor. For large hub airports (1% or more of annual domestic air passengers), Board must vote and allow public comment on contracts valued greater than $325K. (may not be approved as Consent items). Requires competitive sealed solicitation at $65K (CAT 3 in FS 287). Agency must have a website. Contracts and contract amendments greater than $65,000 must be posted to web no later than 7 business days after execution. Prescribes specific procurement methods and compliance with FS 287. If signed, effective October 1, 2020.
- HB 73 – Effective July 1, 2020. Signed by Governor 6/18/2020. The bill requires counties and municipalities to address nonhazardous contamination of recyclable materials in contracts with residential recycling collectors and recovered materials processing facilities. Contracts executed or renewed after October 1, 2020, must: Define the term “contaminated recyclable material” in a manner that is appropriate for the local community; Include strategies and obligations of the parties to reduce the amount of contaminated recyclable materials being collected or processed; Create procedures for identifying, documenting, managing, and rejecting contaminated recyclable materials; Authorize remedies in handling contaminated containers; and provide education and enforcement measures for collection contracts.
- HB 279 - Effective July 1, 2020. Signed by Governor 6/30/2020. The bill specifies how the estimated cost of a public building construction project must be determined when a governing board is deciding whether it is in the local government’s best interest to perform the project using its own services, employees, and equipment. The bill also requires local governments to consider the same costs when determining the estimated cost of road and bridge construction and reconstruction projects performed utilizing proceeds from the constitutional gas tax. The bill requires local governments issuing bidding documents or other requests for proposals to include a listing of all other governmental entities that may have additional permits or fees generated by the project. The bill requires a local government performing a public building construction project using its own services, employees, and equipment to create a report summarizing completed projects constructed by the local government, which must be publicly reviewed each year by the governing body. The Auditor General must review the report as part of his or her audits of local governments.
- HB 101 - As of this writing, not yet presented to Governor. This bill reduces the maximum amount the state may retain from a payment to a contractor from ten percent to five percent for the entire contract duration. The bill repeals the ability of a contractor to request the state or local government to release up to half of the retained amount after half of the project is complete; and the ability of a contractor to withhold more than five percent of each payment to his or her subcontractors after half of a project for a state or local government is complete. The provisions of the bill do not apply to FDOT construction projects authorized by Ch. 337, F.S., or any contract for construction services entered into, pending approval, or advertised by a government entity, on or before October 1, 2020. If signed, effective October 1, 2020.
For more information, log in and visit the “Legislative Updates” page.
2020 ENTITY AWARDS
Posted on 4/30/2020
2020 AWARD FOR EXCELLENCE IN PUBLIC PROCUREMENT WINNERS