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:
