Florida Public Works and Bid Protests

Third Annual Construction Law In Florida

The Seminar Group

William J. Cea, EsquireBecker & Poliakoff

Presented by:

Themes

Public Procurement & Bid Protests:Detail Oriented.Time Sensitive.

Layers of Government

Federal Government. State Agencies. Counties. Municipalities. Special Districts And

Other Political Subdivisions.

Layers of Government (Continued)

State Agencies – Applicable Law:– Governing Statutes.– Florida Administrative Code.– Policies & Procedures.

Local Governments – Applicable Law:– Ordinances & Resolutions.– Policies & Procedures.

Phases of the Procurement Process

Pre-Bid:– Advertisement.– Bid Preparation.– Submittal.

Bid Evaluation

Bid Protests:– Specification Challenges.– Award/Rejection Decisions.

Acronyms – Award Criteria

Invitation To Bid – ITB:– Low, Responsive and Responsible Bidder.

Request For Proposals – RFP:– Highest Ranked Responsive and Responsible Proposer.

Request For Qualifications – RFQ:– Most Highly Qualified and Negotiates a Contract.

Invitation To Negotiate – ITN:– Best Value, Responsive and Responsible Proposer.

Award Criteria (continued)

Responsible – A vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

Responsive – A bid, proposal or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation.

Citation: Florida Statutes §287.012

Applicable Procurement Statutes For Construction Projects

Florida Statutes §255.0525 – Projects in excess of $200,000 must be advertised by State and Local Agencies.

Florida Statutes §255.0518 – Requires Public Bid Openings, and announcement of Bidder names and prices.

Florida Statutes §255.05 – Requires Performance and Payment Bonds for State projects in excess of $100,000 and Local projects in excess of $200,000.

Florida Statutes §287.055 – CCNA.

Applicable Procurement Statutes For Construction Projects

Florida Statutes §255.20 – Local construction projects in excess of $300,000, and $75,000 for electrical projects must be “Competitively Awarded”.

Florida Statutes §255.103 – Construction Management or Program Management Services for Local Agencies.

Florida Statutes §255.32 – Construction Management Services for State Projects.

Florida Statutes §287.05712 – Public Private Partnerships.

Bid Evaluation

Public Records Law – Chapter 119 Sunshine Law – Florida Statutes, Section 286.011 Application of Evaluation Criteria & Process Cone of Silence/Lobbying Restrictions

Award Decisions

How is the decision posted? What are the deadlines/hold dates

for the posted decision? Who makes the final decision?

Bid Protests

Florida Statutes, Chapter 120, Administrative Procedure Act.

Local Codes & Policies.

Grounds for Protests.

Available Relief and Remedies.

Conclusion

Detail Oriented: Dot the I’s and cross the T’s!

Time Sensitive: Watch the Clock!

Thank You!

William J. Cea, EsquireBecker & Poliakoff

Presented by: