Solicitations Flashcards
What 6 categories are exempt from bidding?
in an Emergency send an SOS to a CoP ----------- 1. Professional services 2. per lg Ordinance [FS 255.20] 3. Emergency 4. Sole Source 5. Under $300 per 255.20 6. Change orders ----------- [i want Exempt from eng lit 300 b/c POE SUCs]
Penalty if skip bidding.
Void ab initio.
NO PAY to Ktor who performed if sidestepped bidding. Equitable estoppel rejected!
What does LG define under ITB + ITN?
Defines solution via scope. Seeks performer.
What does LG define under RFP?
SOLICITATIONS ----------- Defines problem. Seeks solutions. This grey area makes inherently prone to protest. Emphasis placed on technical eval.
Do you have to award to lowest in comp. bidding?
No. Award is a method of evaluation.
Must act within bounds of reasonable. Ex. 15% difference unreasonable in Adolphus v. Baskin, 95 Fla. 603, 116 So. 225 (1928).
Method of evaluation, under 255.20.
SOLICITATIONS ----------- Permits: 1. Prequalify & 2. Short-listing.
What is an inherent issue with short listing?
Allowed even though when you short list to only the most respons bidders into 2nd stage, you also:
You are:
a. Excluding nonresp bidders, but also
b. Eliminating respons bidders not in the group of “most respon.”
Method of evaluation under 336.
SOLICITATIONS
- Prequalification &
- Short-listing.
What invalidates short listing under 336?
SOLICITATIONS
- Subjectivity was exactly what competitive solicitation was trying to avoid.
- Awarded to “the lowest bidder among those contractors preferred by the selection committee.
Must a solicitation’s award parameters match actual award parameters?
SOLICITATIONS ----------- Yes. ----------- Ex: Solicitation = LOWEST responsible bidder. Actual = MOST responsible bidder. Result = No good. -- Sweetwater
What invalidates an RFP?
SOLICITATIONS ----------- Negotiating into a different contract. ----------- See, State, Dept. of Lottery v. Gtech Corp., 816 So.2d 648 (Fla. 1st DCA 2001).
Per 255.20, if an award is based on price, then award goes to who?
Lowest Qualified and Responsive bidder.
What did Baxter teach about LG award policies?
SOLICITATIONS
1) Lack of policies hurts LG.
2) Be able to defend the reasonableness of its evaluation standards.
What happened in Baxter, re: policies?
Disappointed bidder failed to show responsibility @ time of submission.
(a) Protested & showed responsible @ time of protest.
(b) LG lacked policy specifying when show.
(c) Lack of policy used vs. LG.
Define a “qualified” bidder as that term is used when awarding based on price under 255.20-public works.
SOLICITATIONS ----------- Reliable RIC is qualified. ----------- (a) Reliability for GF performance. (b) Integrity for GF performance. (c) Capable to fully perform contract
