Florida’s First District Court of Appeals recently held in State of Fla., Agency for Health Care Administration v. Best Care Assurance, LLC, 302 So. 3d 1012 (Fla. 1st DCA 2020) (“Best Care”), that a contractor who had been awarded a contract in a “multiple award procurement” lacked standing to challenge awards to...Read More
Andrew Schwartz explains how and why contractors should use Florida’s Public Records Act to maximum effect in this “Bidding Smarter in Florida” series.Read More
The coronavirus pandemic is creating both opportunities and risks for Florida’s contractors. For example, on April 1, 2020 the Florida Department of Transportation announced that it will take advantage of nearly empty roads by accelerating work construction projects that have a combined value of nearly $2.1 billion...Read More
Contractors may have multiple solutions for their potential government client’s needs, but they miss out on sales by failing to tell this to the government. Andrew Schwartz explains why contractors should submit alternative bids or proposals, and lays out a few guidelines for doing so.Read More
Contractors often hesitate to ask agencies the “hard questions” or challenge flawed solicitations when preparing their bids because they are afraid agencies will retaliate. Andrew Schwartz explains why this is an unfounded fear and why contractors should stick up for themselves. Read More
Most of the posts I write on bid protests are written from the protester’s point of view. Recently, however, I was asked by a contract awardee whether he should intervene in a protest challenging his award. The short answer to awardees in that situation is “Yes, if keeping the contract is important to you.”Read More
Florida’s First District Court of Appeals just held in Asphalt Paving Sys., Inc. v. Anderson Columbia, No. 1D18-2035 (Fla. 1st DCA Feb. 18, 2019) that prospective bidders have standing to file bid protests challenging out-of-scope modifications to existing government contracts.Read More
Florida’s Third District Court of Appeals recently opened up whole new possibilities for Florida-county-level business incentives in Matheson v. Miami-Dade Cnty.Read More
The key to winning a Florida bid protest is to point out a specific, objective flaw that occurred during the evaluation of bids or proposals. Once in a while, however, the government’s award decision is so unreasonable that courts will overturn them for “getting it wrong.”Read More
In Florida, the government will frequently change the terms of its contracts, usually by adding or deleting the amount or work to be performed, by adjusting the manner of performance, or by making minor adjustments to the type of work to be performed. The government usually has the right to unilaterally do so under the terms of the...Read More
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- Apparently, You Can’t Have “Too Much” Competition: Florida’s First District Court of Appeals Holds “Multiple Award Procurement” Winner Cannot Protest Awards to Others
- Bidding Smarter in Florida: Knowledge is Power – The Public Records Act
- Risky Business: Florida’s Government Contractors Should Make Sure Their Contract Modifications Are Valid (a/k/a Don’t Inadvertently Donate Millions of Dollars’ Worth of Work to the Government)
- Bidding Smarter in Florida: “Alternate” Bids and Proposals are a Good Thing.
- Rock the Boat, Baby – They’ll Get Over It. Contractors Should Use the Q&A Process Strategically and Seriously Consider Spec Challenges.
- Defend Yourself! Contract Awardees Should Intervene In Bid Protests.
- I Would Have Bid on That! Challenging Out of Scope Modifications to Existing Government Contracts
- Buy Low! Businesses Need Not Bid On County-Owned Lands in Florida
- In Florida Bid Protests, Courts Don’t Second Guess the Government – Except When They Do
- That’s Blackmail! Why the Government Cannot Terminate a Contractor for Refusing to Settle a Dispute on Its Terms
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