This document summarizes the public procurement and bid protest process for construction projects in Florida. It outlines the different layers of government that conduct public bidding, including federal, state, county, and local agencies. It also describes the phases of procurement including pre-bid, bid evaluation, and potential bid protests. Key statutes and criteria for bid submissions, evaluations, and awards are explained. The presentation emphasizes that public procurement is both detail-oriented and time-sensitive.

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

3. Layers of Government
 Federal Government.
 State Agencies.
 Counties.
 Municipalities.
 Special Districts And
Other Political
Subdivisions.

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. Phases of the Procurement Process
 Pre-Bid:
– Advertisement.
– Bid Preparation.
– Submittal.
 Bid Evaluation
 Bid Protests:
– Specification Challenges.
– Award/Rejection Decisions.

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. 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. 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. 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. 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. Award Decisions
 How is the decision posted?
 What are the deadlines/hold dates
for the posted decision?
 Who makes the final decision?

12. Bid Protests
 Florida Statutes, Chapter
120, Administrative
Procedure Act.
 Local Codes & Policies.
 Grounds for Protests.
 Available Relief and
Remedies.

13. Conclusion
 Detail Oriented: Dot the I’s
and cross the T’s!
 Time Sensitive: Watch the
Clock!

14. Thank You!
Presented by:
William J. Cea, Esquire
Becker & Poliakoff