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Florida Public Works and 
Bid Protests 
Third Annual Construction Law In Florida 
The Seminar Group 
Presented by: 
Willia...
Themes 
 Public Procurement & Bid Protests: 
Detail Oriented.Time Sensitive.
Layers of Government 
 Federal Government. 
 State Agencies. 
 Counties. 
 Municipalities. 
 Special Districts And 
O...
Layers of Government (Continued) 
 State Agencies – Applicable Law: 
– Governing Statutes. 
– Florida Administrative Code...
Phases of the Procurement Process 
 Pre-Bid: 
– Advertisement. 
– Bid Preparation. 
– Submittal. 
 Bid Evaluation 
 Bid...
Acronyms – Award Criteria 
 Invitation To Bid – ITB: 
– Low, Responsive and Responsible Bidder. 
 Request For Proposals ...
Award Criteria (continued) 
 Responsible – A vendor who 
has the capability in all respects 
to fully perform the contrac...
Applicable Procurement Statutes 
For Construction Projects 
 Florida Statutes §255.0525 – Projects in 
excess of $200,000...
Applicable Procurement Statutes 
For Construction Projects 
 Florida Statutes §255.20 – Local 
construction projects in e...
Bid Evaluation 
 Public Records Law – Chapter 119 
 Sunshine Law – Florida Statutes, Section 286.011 
 Application of E...
Award Decisions 
 How is the decision posted? 
 What are the deadlines/hold dates 
for the posted decision? 
 Who makes...
Bid Protests 
 Florida Statutes, Chapter 
120, Administrative 
Procedure Act. 
 Local Codes & Policies. 
 Grounds for P...
Conclusion 
 Detail Oriented: Dot the I’s 
and cross the T’s! 
 Time Sensitive: Watch the 
Clock!
Thank You! 
Presented by: 
William J. Cea, Esquire 
Becker & Poliakoff
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Florida Public Works and Bid Protests, by William J. Cea

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Discusses the basics of acquiring government contacts in Florida through the public bidding process.

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Florida Public Works and Bid Protests, by William J. Cea

  1. 1. Florida Public Works and Bid Protests Third Annual Construction Law In Florida The Seminar Group Presented by: William J. Cea, Esquire Becker & Poliakoff
  2. 2. Themes  Public Procurement & Bid Protests: Detail Oriented.Time Sensitive.
  3. 3. Layers of Government  Federal Government.  State Agencies.  Counties.  Municipalities.  Special Districts And Other Political Subdivisions.
  4. 4. Layers of Government (Continued)  State Agencies – Applicable Law: – Governing Statutes. – Florida Administrative Code. – Policies & Procedures.  Local Governments – Applicable Law: – Ordinances & Resolutions. – Policies & Procedures.
  5. 5. Phases of the Procurement Process  Pre-Bid: – Advertisement. – Bid Preparation. – Submittal.  Bid Evaluation  Bid Protests: – Specification Challenges. – Award/Rejection Decisions.
  6. 6. 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.
  7. 7. 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
  8. 8. 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.
  9. 9. 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.
  10. 10. Bid Evaluation  Public Records Law – Chapter 119  Sunshine Law – Florida Statutes, Section 286.011  Application of Evaluation Criteria & Process  Cone of Silence/Lobbying Restrictions
  11. 11. Award Decisions  How is the decision posted?  What are the deadlines/hold dates for the posted decision?  Who makes the final decision?
  12. 12. Bid Protests  Florida Statutes, Chapter 120, Administrative Procedure Act.  Local Codes & Policies.  Grounds for Protests.  Available Relief and Remedies.
  13. 13. Conclusion  Detail Oriented: Dot the I’s and cross the T’s!  Time Sensitive: Watch the Clock!
  14. 14. Thank You! Presented by: William J. Cea, Esquire Becker & Poliakoff

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