Florida/Caribbean Architect - Spring 2012 - (Page 10)
VICKI LONG, CAE, HON. AIA FL EXECUTIVE VICE PRESIDENT
With this kind of support, Sen. Mike Bennett (R-Bradenton) and Rep. Fred Costello (R-Deland) ﬁled legislation (SB 246 and HB155, respectively) to enact a “Best Value Option” for procurement of design professional services. FL AIA members responded to numerous calls to action to educate members of the Senate Regulated Industries Committee and obtained verbal commitments to vote against the proposal. J. Michael Huey, Hon. AIA, and FL AIA General Counsel, presented dramatic evidence in the form of pounds of documents he collected to illustrate the necessary detail involved in deﬁning project scope. Project scope, Huey reminded legislators, is the basic requirement for beginning price discussions. He also warned senators that a return to hard bid with ill-deﬁned scope would signiﬁcantly increase bid challenges and construction delays. In the end, the Senate Committee voted to again kill the legislation in a vote of seven to three. (To view a segment of the testimony, go to: http://tinyurl.com/AIAFLTestimony.) Since the Senate version was killed, the House measure never gained traction and wasn’t heard in any committee. In a last-ditch effort, Sen. Bennett amended his best value option plan onto SB 1626, a state contracting bill by Sen. Don Gaetz (R-Destin). An amendment by Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) stripped the language from the bill. However, all was for naught as the bill died before ﬁnal approval. COMPROMISE ON LICENSURE BY ENDORSEMENT A threat to architects arose in an amendment to HB 517 by James Grant (R-Tampa) that allowed licensure by endorsement of any architect licensed in another jurisdiction for 10 years. On the Senate side, Sen. Alan Hays (R-Umatilla) held ﬁrm in his bill (SB 762) on the FL AIA position that would allow for licensure by endorsement based on NCARB certiﬁcation including education and experience review and the broadly experienced criteria process.
As in so many recent years, a few members of the Florida legislature took aim at gutting Florida’s qualiﬁcationsbased selection process, the Consultants’ Competitive Negotiation Act (CCNA), as a simplistic approach to solving governmental entities’ budget struggles. This time their efforts were supplemented by recommendations from the Florida Government Efﬁciency Task Force, a work group of gubernatorial appointees charged with reviewing state policies and practices and making reform recommendations. “BEST VALUE OPTION” NIXED A subsection of the task force, the design procurement work group, met with members of the public procurement industry, as well as design professionals covered in the CCNA. After heavy lobbying from procurement ofﬁcials, the work group ﬁnally drafted a two-part recommendation using a so-called “Best Value Option.”
In the ﬁrst recommendation, ofﬁcials would solicit proposals based on a written scope of work, shortlist topranked ﬁrms and, ﬁnally, rank the shortlisted ﬁrms based on qualiﬁcations and price. Pricing would only be collected from the top three ﬁrms and would be factored into the evaluation at no more than 50%. Members of the subgroup did allow that this process would work best with projects that had a very well deﬁned scope. A second recommendation for a “Modiﬁed Best Value Option” was for the agency to solicit proposals with a written scope of work, establish a shortlist, and ﬁnally, see the price bid for the top qualiﬁed ﬁrms without the ability to re-rank the ﬁrms with price as a factor. By knowing the pricing of the other two qualiﬁed ﬁrms, the agency’s negotiating position with the ﬁrst ﬁrm would be strengthened. As a third option, the work group recommended current CCNA practice for projects as an option to agencies.
Table of Contents for the Digital Edition of Florida/Caribbean Architect - Spring 2012
2012 Legislative Wrap-up
Dr. Phillips Charities Headquarters Building
Best Friends Pet Hotel
Architects: It’s Time to Rethink Product Choices
The Patina of Elephants
Florida/Caribbean Architect - Spring 2012