Solicitations

Question 1

What 6 categories are exempt from bidding?

Answer 1

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

Question 2

Penalty if skip bidding.

Answer 2

Void ab initio.
NO PAY to Ktor who performed if sidestepped bidding. Equitable estoppel rejected!

Question 3

What does LG define under ITB + ITN?

Answer 3

Defines solution via scope. Seeks performer.

Question 4

What does LG define under RFP?

Answer 4

Defines problem. Seeks solutions.
This grey area makes inherently prone to protest.
Emphasis placed on technical eval.

Question 5

Do you have to award to lowest in comp. bidding?

Answer 5

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).

Question 6

Method of evaluation, under 255.20.

Answer 6

Permits:
1. Prequalify &
2. Short-listing.

Question 7

What is an inherent issue with short listing?

Answer 7

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.”

Question 8

Method of evaluation under 336.

Answer 8

1. Prequalification &
2. Short-listing.

Question 9

What invalidates short listing under 336?

Answer 9

1. Subjectivity was exactly what competitive solicitation was trying to avoid.
2. Awarded to “the lowest bidder among those contractors preferred by the selection committee.

Question 10

Must a solicitation’s award parameters match actual award parameters?

Answer 10

Yes.
———–
Ex:
Solicitation = LOWEST responsible bidder.
Actual = MOST responsible bidder.
Result = No good.
– Sweetwater

Question 11

What invalidates an RFP?

Answer 11

Negotiating into a different contract.
———–
See, State, Dept. of Lottery v. Gtech Corp., 816 So.2d 648 (Fla. 1st DCA 2001).

Question 12

Per 255.20, if an award is based on price, then award goes to who?

Answer 12

Lowest Qualified and Responsive bidder.

Question 13

What did Baxter teach about LG award policies?

Answer 13

1) Lack of policies hurts LG.
2) Be able to defend the reasonableness of its evaluation standards.

Question 14

What happened in Baxter, re: policies?

Answer 14

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.

Question 15

Define a “qualified” bidder as that term is used when awarding based on price under 255.20-public works.

Answer 15

Reliable RIC is qualified.
———–
(a) Reliability for GF performance.
(b) Integrity for GF performance.
(c) Capable to fully perform contract

Question 16

Define a “responsive” bidder as that term is used when awarding based on price under 255.20-public works.

Answer 16

Conforms in all material respects to the solicitation.

Question 17

Is LG bound by the terms of its solicitation?

Answer 17

YES - see Emerald v. Bay County.

Question 18

May a response be modified post-submittal?

Answer 18

NO - see Emerald v. Bay County.

Question 19

What kind, if any, of discretion does LG have in its bidding & decision?

Answer 19

Wide discretion.
Not overturned if discretion exercised honestly.
Even if reasonable persons might disagree.
————
- see Emerald v. Bay County.

Question 20

What is the standard for evaluating a competitive procurement award?

Answer 20

LG’s ordinance.
- see Emerald v. Bay County.

Question 21

What is the standard for evaluating a competitive procurement award if LG has no ordinance?

Answer 21

Arbitrary & capricious.
- see Emerald v. Bay County.

Question 22

What is an arbitrary act of LG in its award process?

Answer 22

Failing to comply w/ its own proposal criteria.
- see Emerald v. Bay County.

Question 23

If a bid submittal fails to conform w/ solicitation, at what threshold must LG disqualify it as non-responsive?

Answer 23

Sufficiently material to destroy its competitive character.

Question 24

What is definition of a bid deviation “sufficiently material” so as to disqualify the bid?

Answer 24

Affects BID AMOUNT OF THE BID giving bidder advantage over others.

Question 25

What must a protesting party show if it is complaining that awarded bid was deficient?

Answer 25

Protestor’s bid was not similarly deficient.

Question 26

Why might LG utilize Direct Purchase Sales Tax Exemption [FS 212.08(6)]?

Answer 26

Ktor subj to sales & use tax.
LG avoids w/ direct purchase.

Question 27

Name the 6 requirements for a Direct Purchase.

Answer 27

Directions tell you how to PREP IT
———–
Direct Purchase:
1) PO direct
2) Risk of Loss on LG
3) certif of Entitlemts from LG
4) Pay direct
5) Invoice direct
6) Title to LG
———–
DIRECT: PO, Invoice, Pay
TITLE + RISK: LG
CERT of Entitle: From LG
———–
1. Direct PO. LG to Vendor w/ sales tax certificate.
2. Direct Invoice. Vendor to LG (not Ktor).
3. Direct Pay. LG to Vendor w/ public funds.
4. Passage of Title. To LG upon purchase or delivery.
5. Assumption of the Risk of Loss. LG’s if it insures the purchase.
6. Certificate of Entitlement. LG to Ktor + each Vendor.

Question 28

What are the 3 requirements of a Certificate of Entitlement?

Answer 28

(1) 1 for each PO to each Ktor & each Vendor.
(2) Attach PO.
(3) Affirm goods for public work & if tax is deemed owed, LG will pay.

Question 29

How many Certificate of Entitlements must LG issue?

Answer 29

One for each PO.

Question 30

What can LG do if it is uncertain of the sufficiency of the Direct Purchase contract language?

Answer 30

Petition DOR to review & issue a Technical Assistance Advisement.

Question 31

What is the penalty if LG fails to issue a Certificate of Entitlement for a purchase?

Answer 31

Pay the sales & use tax.