Perspectives

When an agency advertises a solicitation, such as an IFB or RFP or RFQ, sometimes there are problems with the specifications. The specifications may be vague, may contain mistakes, or give one bidder or proposer an unfair advantage, for example. In that case, bidders or proposers may be able to formally challenge the specification to […]

Suppose you file a protest. You and your lawyer pinpoint one or more air-tight protest grounds, cite Florida court decisions to support your arguments, and demand the top bidder’s bid or top proposer’s ranking be thrown out. You even go through a hearing, have witnesses testify, and make great arguments to a hearing officer (who […]

Bids and proposals may be rejected on an individual or collective basis. The agency typically reserves the right to reject any and all bids as part of the advertisement. Alternatively, an individual bid may be rejected if it is found to be “non-responsive”. In determining whether a bid or proposal is non-responsive, the decision for […]

Bidders must pay attention to the details, and dot the “i’s” and cross the “t’s”. The ITB, RFP or RFQ will likely have detailed requirements as to the form and content, and additional materials that bidders must supply to be found responsive. Failure to address the details of the submission may be the difference between […]

A savvy bidder that is interested in following the outcome of an award will monitor the process using Florida’s Public Records and Sunshine Laws as important tools. In addition to having representatives attend meetings of the awarding authority’s boards or commissions and directly voicing opinions at those meetings, bidders can obtain valuable information, including a […]

Florida Statutes, Section 287.055 is known as the “Consultants’ Competitive Negotiation Act” or “CCNA”. The CCNA applies to the procurement of certain professional services, including architecture, engineering, landscape architecture, or registered surveying and mapping. The Act also provides requirements for design-build projects. Design-build is a construction project where the agency does not have final design […]

Unlike an IFB, ITB, or a RFP, price is not a factor under the solicitation Request for Qualifications (RFQ). A RFQ is generally a written request for proposers or bidders to compete for a project based on their experience and ability to perform the project. Like an IFB or RFP, RFQ specifications may contain a […]

A Request for Proposals (“RFP”) is usually used when the public agency does not have or cannot come up with a defined scope of work or specifications for a project. Like an Invitation for Bid, price is still a consideration, but it may not be the only factor. Proposers responding to an RFP may have […]

An Invitation for Bid (“IFB”) or Invitation to Bid (“ITB”) is a way of soliciting bids for a public agency’s project. They generally include the pre-determined specifications or scope of work for a project, and require bidders to submit their best price to complete the project. Price is generally the most important factor for an […]

In these uncertain and difficult economic times, public works and contract services provide the private sector with a tremendous opportunity to compete for profitable work. Understanding the public procurement process is critical to keep you or your business in the game and eligible for the work. All levels of government, including Federal, state, and local […]