Florida Public Works and Bid Protests, by William J. Cea
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Florida Public Works and Bid Protests Third Annual Construction Law In Florida The Seminar Group William J. Cea, Esquire Becker & Poliakoff Presented by:
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Discusses the basics of acquiring government contacts in Florida through the public bidding process.
Transcript of Florida Public Works and Bid Protests, by William J. Cea
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:
