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...

Part 3 of 3: What You Need to Know about Filing a GAO Protest before It’s Too Late

In this final post on the timeliness requirements of filing bid protests before the GAO, we’ll examine the timeliness requirements in filing protests that include “comments” and “supplemental protests.” CONTINUE READING...

Part 2 of 3: What You Need to Know about Filing a GAO Protest before It’s Too Late

In continuing last week’s post on the timeliness requirements of filing bid protests before the GAO, today we’ll cover the difference between the deadline for filing a bid protest and the deadline for obtaining an automatic stay of a contract to a competitor. CONTINUE READING...

What You Need to Know about Filing a GAO Protest before It’s Too Late

Andrew Schwartz examines the U.S. Government Accountability Office (GAO)'s deadline requirements for a contractor submitting a challenge to the terms of an agency's solicitation in a procurement. CONTINUE READING...