Consultants' Competitive Negotiation Act (CCNA) § 287.055 The acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services. ______________________________________________________________________ DECISION MAKING GUIDE For services related to DESIGN or CEI Question 1: Is the estimated construction cost of the project over $325,000? If yes, then… o Compete a new CCNA Request for Proposal; OR, o Issue a purchase order under the County’s fixed term contract after consideration of Question 2 (DESIGN or CEI) responses. If no (and it is less than $325,000), then… o Compete a new CCNA Request for Proposal; OR, o Issue a purchase order under the County’s fixed term contract; OR, o If less than $50,000, obtain three proposals. Question 2: Is the estimated construction cost of the project over $2,000,000? If yes, then… o Compete a new CCNA Request for Proposal. If no (and it is less than $2,000,000), then… o Issue a purchase order under the County’s fixed term contract. For services related to PLANNING / STUDY ACTIVITY Question 1: Is the estimated fee for the services more than $35,000? If yes, then… o Compete a new CCNA Request for Proposal; OR, o Issue a purchase order under the County’s fixed term contract after consideration of Question 2 (PLANNING / STUDY) responses. If no, then… o Compete a new CCNA Request for Proposal; OR, o Issue a purchase order under the County’s fixed term contract; OR, o If more than $3,000 and less than $35,000, obtain three proposals. Question 2: Is the estimated fee for the services more than $200,000? If yes, then… o Complete a new CCNA Request for Proposal. If no, then… o Issue a purchase order under the County’s fixed term contract. Florida Statutory Language (February 2015) §287.055 3(a)1. Each agency shall publicly announce, in a uniform and consistent manner, each occasion when professional services must be purchased for a project the basic construction cost of which is estimated by the agency to exceed the threshold amount provided in s. 287.017 for CATEGORY FIVE or for a planning or study activity when the fee for professional services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, except in cases of valid public emergencies certified by the agency head. The public notice must include a general description of the project and must indicate how interested consultants may apply for consideration. Definition: (f) “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. §287.017 Purchasing categories, threshold amounts.— 1) CATEGORY ONE: $20,000. 2) CATEGORY TWO: $35,000. [Proposals OK under this fee threshold for planning and study activities or use fixed term contract] 3) CATEGORY THREE: $65,000. 4) CATEGORY FOUR: $195,000. 5) CATEGORY FIVE: $325,000. [If project construction cost is below this threshold, OK to receive proposals for professional services, i.e. design or CEI, or use fixed term contract.] Question 1: What factors determine whether a continuing contract can be used for CCNA services (our “fixed term” contracts)? §287.055 (g) A “continuing contract” is a contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in which the estimated construction cost of each individual project under the contract does not exceed $2 million, for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000, or for work of a specified nature as outlined in the contract required by the agency, with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. Procurement Services Summary of Options to Procure Services Professional Service Fee (estimated) $3,000 or less Construction Costs (estimated) Less than $325,000 $3,000 to $35,000 (for Planning and Study Activity) Less than $325,000 $3,000 – $50,000 (for Design or CEI Services) Less than $325,000 $35,000 to $100,000 (for Planning and Study Activity) OR $50,000 to $100,000 (for Design or CEI Services) $100,000 – $200,000 Less than $325,000 $200,000 - $325,000 Less than $325,000 $325,000 - $2,000,000 $325,000 $2,000,000 More than $2,000,000 More than $2,000,000 Less than $325,000 Options to Obtain Professional Services Options: 1) Obtain one (1) proposal from a firm on the Fixed Term Contract and issue a work order and purchase order; or 2) Per Purchasing Ordinance, obtain one (1) proposal from a firm Options: 1) Obtain one (1) proposal from a firm on the Fixed Term Contract and issue a work order and purchase order; or 2) Per Purchasing Ordinance obtain three (3) proposals from firms Options: 1) Obtain one (1) proposal from a firm on the Fixed Term Contract and issue a work order and purchase order; or 2) Per Purchasing Ordinance obtain three (3) proposals from firms Options: 1) Obtain one (1) proposal from a firm on the Fixed Term Contract and issue a work order and purchase order; or 2) Issue competitive CCNA Request for Proposal Options: 1) Follow Procurement Services process of obtaining three (3) proposals from firms on the Fixed Term Contract; complete a competitive qualification review; rank firms; negotiate price; and, obtain Procurement Director’s approval; or 2) Issue competitive CCNA Request for Proposal Options: 1) Follow Procurement process of obtaining 3 proposals from firms on the Fixed Term Contract, do a competitive qualification base review and obtain Board approval; or 2) Issue competitive CCNA Request for Proposal Options: 1) Follow Procurement process of obtaining 3 proposals from firms on the Fixed Term Contract, do a competitive qualification base review and obtain Board approval; or 2) Issue competitive CCNA Request for Proposal Options: 1) Issue competitive CCNA Request for Proposal 2) Waive competition by declaring a public emergency
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