Category Archives: Florida Administrative Law

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...

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...