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Professional Consultant Contracting
Florida law requires state agencies using certain professional consultants to acquire the services of those consultants by
competitive negotiation. The process mandated by statute (F.S. 287.055), administrative rule (Rule 14-75), and departmental operating procedures
requires a competitive selection of the consultants based on qualifications, followed by a negotiation process to establish a
fee for the desired services. A summary of the various aspects of the Department's contracting process for these services follow:
Professional Services
The types of services
statutorily designated for this process include engineering, survey and
mapping, architecture, landscape architecture, planning, appraisal,
right of way acquisition and management. The Department typically uses
this process for activities including planning, project development and
environmental studies, design, construction engineering inspection, and
right of way appraisal, acquisition and management.
Prequalification Process
The Department has identified a number of types of work for which consultants are frequently used. Consultants desiring to compete
for contracts in these standard types of work are required to prequalify annually. This process involves demonstration of
technical qualification for requested types of work as well as administrative qualification. Administrative qualification
includes demonstration of an adequate job cost accounting system and submittal of an overhead audit performed by an independent CPA.
Consultants may elect to become only technically qualified or to become both technically and administratively qualified. To
contract with the Department, consultants must be technically qualified in appropriate categories. If the total contract cost
exceeds $250,000, the consultant must be administratively qualified.
Subconsultants who are used to meet qualification requirements for responses to advertised Department projects must be
technically qualified. Technically qualified consultants, whose work is to exceed $250,000, must also have an acceptable job cost accounting system and must submit an overhead
audit performed by an independent CPA.
Prequalification is not required for professional services that do not conform to the Department's standard types of work. However, consultants selected for such services
are required to have an acceptable job cost accounting system and independent overhead rate audit performed by a CPA if the contract fee exceeds $250,000.
Advertisement of Projects
Annually, the Department develops a list of planned consultant projects for each district with anticipated solicitation dates.
These are published on the Department's Procurement website as planned projects. Then, each week, a list of actual solicitations
are published on the Professional Services ads web page as current advertisements. This announcement requests letters of response from any consultants
who are prequalified in the needed type(s) of work and are interested in being considered for the project. The letters of
response are limited to two pages in length and are due two weeks after they first appear. For professional services not conforming to the Department's standard types of work, letters of
qualification, not subject to the two page limit, are requested.
Shortlisting Process
All letters of response from prequalified firms are reviewed,together with profiles on the respondents based on
prequalification information and past performance with the Department. A technical review committee provides recommendations
as to the top ten respondents to a selection committee composed of top management personnel. The selection committee then selects
at least three of the respondents as a short list. An announcement of the consultants shortlisted for the project is published on the web site.
Final Selection Process
The shortlisted consultants are provided a formal request for technical proposal (RFP) and are provided a copy of the draft
scope of services. Usually, a preproposal meeting is held to discuss the scope of services as well as addressing any other
questions from the shortlisted consultants. At the Department's option, the proposals may be written, oral, interviews, or a combination thereof. Upon receipt of the technical proposals, they are graded by
the technical review committee. The selection committee then reviews the grades along with other pertinent information and
ranks the consultants in order of preference. The resulting ranking for the project is published on the web site.
Negotiation of Fee
The number one ranked consultant is requested to provide a fee proposal for the project, and an independent staff hour estimate
is prepared by the Department. Negotiations are conducted to resolve any differences between the Consultant and FDOT staff hour estimates and
to establish fair, competitive and reasonable rates for consultant personnel and for any direct expenses. Typically, the
fee is developed using negotiated staff hours, negotiated hourly rates for staff, actual consultant overhead (based on the
overhead audit), audited FCCM (Facilities Capital Cost of Money) and audited direct expense rate, and negotiated operating margin.. The fee may be structured
as a lump sum amount, a limiting amount based on actual hours worked or as a combination of the two.
If an agreed upon fee can not be negotiated, negotiations with the number one ranked firm are terminated and negotiations are
begun with the number two ranked firm. The process is continued in this manner until a fee is established.
Structure of Contract
The standard format for professional consultant contracts include a standard contract document which specifies the term of the
agreement as well as the legal responsibilities and rights of both parties, an Exhibit A which describes the scope of services,
and an Exhibit B which describes the method of compensation.
As described above, the method of compensation may be established a lump sum amount or as a limiting amount. With a lump sum
agreement, the consultant will be provided an agreed upon amount for completion of the contract, regardless of the effort expended
in completing the services. With a limiting amount agreement, the consultant is obligated to complete the services with
compensation based upon documented actual hours worked and/or expenses incurred up to the agreed upon limiting amount. For task assignment type contracts, a
fee is negotiated with each task work order. Task work orders may be lump sum, limiting amount, or a combination.
Contract Modification
Within prevailing law, contract terms may be amended upon mutual agreement of both parties to the contract. If additional services
are determined to be required during the course of the project, a supplemental amendment may be negotiated to provide for such
services.
Performance Evaluation
The consultant is given a performance rating by the Department's project manager. The Performance ratings are based on quality, scheduling and management. The consultant is
provided a copy of the performance rating and it is entered into the Department's data base for consideration at the time of future selections.
Contract Auditing
Consultant contracts are subject to a post audit at the completion of the services or at other times within the term of the project.
Pertinent Statutes and Administrative Rules
Section 287.055, Florida Statutes
Section 337.105, Florida Statutes
Chapter 14-75, Florida Administrative Code
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