Defend Yourself! Contract Awardees Should Intervene In Bid Protests.

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.” CONTINUE READING...

I Would Have Bid on That! Challenging Out of Scope Modifications to Existing Government Contracts

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. CONTINUE READING...

Buy Low! Businesses Need Not Bid On County-Owned Lands in Florida

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. CONTINUE READING...

In Florida Bid Protests, Courts Don’t Second Guess the Government – Except When They Do

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.” CONTINUE READING...

That’s Blackmail! Why the Government Cannot Terminate a Contractor for Refusing to Settle a Dispute on Its Terms

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 contract, which will also often contain a formula for pricing the change. CONTINUE READING...

Don’t Like Your Scores? There’s a Protest for That – Although Everyone’s Missed It!

Clients and potential clients frequently come to us and complain about the low scores they’ve gotten from a Florida state agency (or the high scores their competitors got) that caused them to lose out on valuable contracts. Scoring issues, which are highly subjective, are the most difficult to prevail on in a bid protest. The key to a successful protest is demonstrating a concrete and specific flaw in the procurement protest that occurred as a matter of historical fact. CONTINUE READING...

Factoring Company Prevails Against State Agency to Enforce the Assignment of Accounts Receivables from a Government Contract

State of Florida Government Contractor’s Factoring Company May Enforce its Rights to Payment against Department of Transportation if it complied with Uniform Commercial Code. CONTINUE READING...

Get Your Foot In The Door: Why Federal Contractors Should Protest

In the federal arena firms do not have a right to their competitors’ proposals or the agency’s evaluation documents, making it difficult to know whether or not an award to a competitor was proper. However, as Andrew Schwartz explains, it is possible to prevail in a bid protest with only information learned after the protest itself has been filed. CONTINUE READING...

When a Local Ordinance Doesn’t Govern Your Business

If your business has been accused of violating a local law, check with your attorney as to whether you actually face liability, particularly if you established your business practices in accordance with a state law. CONTINUE READING...

Take Your Shot – Florida Firms Should File Protests When Agencies Deviate from Material RFP Requirements

If you ever find yourself in a Florida procurement where your competitor won the contract even though its proposal fails to meet a specific RFP criteria, you should probably take your shot and file a protest. CONTINUE READING...