255.20 (public works/roads) - Chptr 2

Question 1

When does the competitive award mandate under 255.20 not apply?

Answer 1

1. Emerg.
2. No bids received or awarded Ktor abandons.
3. Public elect or gas personnel or utility commission.
4. Repair or Maintain existing (always applies new const.).
5. Public eductnl program.
6. Time to competily award exceeds grant time.
7. Self hire.
8. Bd determines best interest to award per a pre-1994 ordinance/resolution.
9. To County road projects w/ gas tax (FS 336).

Question 2

What’s the pre-requisite to using the Self Hire exception?

Answer 2

1. Pub mtg w/ 21 days notice
2. Hear from Ktor who wd have gotten the job
3. Consid econ dev, tax revs, wh/ ktor offers hlth ins.
4. Bd determines in best interest to use Staff.

Question 3

How much overhead paid on Self-Hire?

Answer 3

Get 20% admin

Question 4

What are 3 reqs if performed by Self-Hire?

Answer 4

1) Use licensed Ktor.
2) Inspect like private proj.
3) Make findings in pub reprt rev’d by auditor gen and avail to public.

Question 5

What are 3 performance mandates on a Self-Hire?

Answer 5

1) Use licensed Ktor.
2) Inspect like private proj.
3) Make findings in pub reprt rev’d by auditor gen and avail to public.

Question 6

What are mechanics of LG using pre-1994?

Answer 6

A. Aft 14 days notice & PH,
B. Votes by 2/3 it is in best int to use its own pre-1994 procedure
&
C. 1 uniquely qualified Ktor or db firm already retained on affiliated project.
OR
D. Wd jeopardize funding to comp bid.
E. Not arbitrary or capricious

Question 7

When are preferences prohibited under 255.20?

Answer 7

Any State funding prohibits:
1) Local preference in construction
2) Wages, benes, source or amt of staffing pref in utility const.

Question 8

When must use FL wood?

Answer 8

Bridges, buildings.

Question 9

When don’t have to use FL wood?

Answer 9

If Federal money (ex. transportation project)
Plywood for concrete.
If too weak.

Question 10

When are optional MBE preferences prohibited?

Answer 10

If Federal money.
If not narrowly tailored + serving compelling interest.

Question 11

What amt can set aside for optional MBE preference?

Answer 11

May set up to 10% aside
+
Encourage 20% bond writing
Equal protection suit @ 30%

Question 12

Threshold for when to competitively award?

Answer 12

$300k constr.
$75 elec.

Question 13

What preempt the 255.20 optional MBE preference + mandatory Wood preference?

Answer 13

Fed Money + transportation

Question 14

LGs are encouraged to competitively award what amount for MBEs?

Answer 14

$100k.

Question 15

LG can’t require certain wage except … when?

Answer 15

As reqd in State or Fed law.

Question 16

How calculate whether an ‘addition/extension /upgrade’ is considered ‘new construction’ requiring competitive award?

Answer 16

Cannot be “substantial.”
If the estimated cost exceeds:
(1) $300k (construction) + $75k (elec) &
(2) Exceeds 20% of the estimated full total cost of the project.

Question 17

What is included in the estimating the full cost of the project in order to determine whether improvement is ‘substantial.’

Answer 17

Labor, materials, insurance, employee benefits + 20% overhead.

Question 18

Could LG break up a construction into phases in order to avoid the ‘substantial’ threshold?

Answer 18

No.

Question 19

Why might LG want every aspect of its project to not be ‘substantial’?

Answer 19

Because must competitively award if estimated cost exceeds:
(1) $300k (construction) + $75k (elec) &
(2) Exceeds 20% of the estimated full total cost of the project.

Question 20

Are disadvantaged-businesses or local preferences preempted/prohibited by 255.20?

Answer 20

No.

Question 21

On what basis might a disappointed contractor protest an award based on LG’s contract?

Answer 21

If LG’s contract failed to specify use of FL produced lumber, timber, and other forest products & same is:
1. Available &
2. Price, fitness, and quality are equal.

Question 22

If a disappointed contractor successfully protests on the basis of LG’s faulty contract, what is penalty to LG?

Answer 22

Pay Attys Fee.
———–
Ktor gets:
— YES c + af for winning PROMPT PAY.
— YES c + af for winning PROTEST
———–
~confirmed 218.76
(3) In an action to recover amounts due under this part, the court shall award court costs and reasonable attorney’s fees, including fees incurred through appeal, to the prevailing party.

Question 23

Is 255.20 narrowly or broadly construed?

Answer 23

Per AGOs, broadly. Includes not only the LGs themselves but also their agencies & instrumentalities.
Ex. non-profit created to construct jail; County HFA.

Question 24

How do you know if you have to do CCNA?

Answer 24

LG ballparks project price & services price. If either exceed $325/$35.
ALSO
If doing a pub works/road under 255.20, & you want to negotiate, & then you must comply w/ CCNA.

Question 25

How does CCNA differ from RFP or RFQ?

Answer 25

You would issue an RFQ for CCNA, so they are the same. BUT in a regular RFP/RFQ, you would allow price to be a not predominant factor in the ratings. In CCNA, you place price at the very end. It is not part of the rankings.

Question 26

State the 9 step ranking procedure on an RFP/RFQ.

Answer 26

1) Advertise
2) Rvw proposals/qualifs.
3) Individual mbrs of the committee rank solo.
4) Committee meets & discusses & everyone places their official rank.
5) Based on the #s, they short list [in CCNA to at least 3],
6) Throw out all the rankings
7) Start interviewing.
8) Re-rank.
9) Negotiate w/ winner.

Question 27

What’s the focus of 255.20?

Answer 27

255.20 is the lynchpin of 287.055.

255.20 requires LG competitively award to an appropriately licensed Ktor on each project construction exceeding $300k & electrical $75k.

By sealed bids, or proposals submitted in response to RFP or RFQs & submitted for competitive negotiation.

Includes construction management services, design/build contracts, continuation contracts based on unit prices, and any other K per LG ordinance.

If done by negotiation, must comply w/ CCNA. You’d be doing an RFQ anyway (where price cd be a non-predominant factor), now it requires the formality of minimum of 3, etc.