Florida Regulations 60D-13.009: Competitive Negotiation for Design-Build Services
Current as of: 2024 | Check for updates
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(1) If negotiation is authorized, the agency shall select no fewer than three firms in order of preference from those deemed to be most qualified to perform the required services under Fl. Admin. Code R. 60D-13.007 In making its determination the agency shall interview no fewer than three firms to determine their relative ability to meet time and budget requirements and to identify and establish the relative merits of each firm’s approach to managing and scheduling the project. The agency will then attempt to negotiate a contract with the most qualified firm.
(2) When authorized, the agency shall negotiate and enter into a contract for design-build services for the project with the firm authorized at compensation determined to be fair, competitive and reasonable. In making the determination, the agency shall analyze the cost of the design-build services required, giving full consideration to the scope and complexity of the project. The compensation shall be on a guaranteed maximum price basis for all costs which shall include reimbursable costs plus fixed lump sum fees for design, project management, overhead and profit.
(3) Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the agency determines to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The agency shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency shall then undertake negotiations with the third most qualified firm.
(4) Should the agency be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with the provisions of this chapter. Negotiations shall continue in accordance with this section until an agreement is reached.
(5) The award of a negotiated contract shall be approved by the agency head or designee.
Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 255.29, 287.055(9) FS. History-New 6-23-87, Formerly 13D-23.009, Amended 5-7-96, 7-5-98.
Terms Used In Florida Regulations 60D-13.009
- Contract: A legal written agreement that becomes binding when signed.
(3) Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the agency determines to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The agency shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency shall then undertake negotiations with the third most qualified firm.
(4) Should the agency be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with the provisions of this chapter. Negotiations shall continue in accordance with this section until an agreement is reached.
(5) The award of a negotiated contract shall be approved by the agency head or designee.
Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 255.29, 287.055(9) FS. History-New 6-23-87, Formerly 13D-23.009, Amended 5-7-96, 7-5-98.