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Flashcards in Solicitations Deck (31)
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1
Q

What 6 categories are exempt from bidding?

A
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]
2
Q

Penalty if skip bidding.

A

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

3
Q

What does LG define under ITB + ITN?

A

Defines solution via scope. Seeks performer.

4
Q

What does LG define under RFP?

A
SOLICITATIONS
-----------
Defines problem.	Seeks solutions.  
This grey area makes inherently prone to protest.
Emphasis placed on technical eval.
5
Q

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

A

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).

6
Q

Method of evaluation, under 255.20.

A
SOLICITATIONS
-----------
Permits:
1.  Prequalify &
2.  Short-listing.
7
Q

What is an inherent issue with short listing?

A

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.”

8
Q

Method of evaluation under 336.

A

SOLICITATIONS

  1. Prequalification &
  2. Short-listing.
9
Q

What invalidates short listing under 336?

A

SOLICITATIONS

  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.
10
Q

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

A
SOLICITATIONS
-----------
Yes.
-----------
Ex:
Solicitation = LOWEST responsible bidder.
Actual = MOST responsible bidder.
Result = No good.
-- Sweetwater
11
Q

What invalidates an RFP?

A
SOLICITATIONS
-----------
Negotiating into a different contract.
-----------
See, State, Dept. of Lottery v. Gtech Corp., 816 So.2d 648 (Fla. 1st DCA 2001).
12
Q

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

A

Lowest Qualified and Responsive bidder.

13
Q

What did Baxter teach about LG award policies?

A

SOLICITATIONS

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

14
Q

What happened in Baxter, re: policies?

A

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.

15
Q

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

A
SOLICITATIONS
-----------
Reliable RIC is qualified.
-----------
(a)  Reliability for GF performance.
(b)  Integrity for GF performance. 
(c)  Capable to fully perform contract
16
Q

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

A

Conforms in all material respects to the solicitation.

17
Q

Is LG bound by the terms of its solicitation?

A

YES - see Emerald v. Bay County.

18
Q

May a response be modified post-submittal?

A

NO - see Emerald v. Bay County.

19
Q

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

A

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

20
Q

What is the standard for evaluating a competitive procurement award?

A

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

21
Q

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

A

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

22
Q

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

A

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

23
Q

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

A

Sufficiently material to destroy its competitive character.

24
Q

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

A

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

25
Q

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

A

Protestor’s bid was not similarly deficient.

26
Q

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

A

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

27
Q

Name the 6 requirements for a Direct Purchase.

A

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.

28
Q

What are the 3 requirements of a Certificate of Entitlement?

A

SOLICITATIONS

(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.

29
Q

How many Certificate of Entitlements must LG issue?

A

One for each PO.

30
Q

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

A

Petition DOR to review & issue a Technical Assistance Advisement.

31
Q

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

A

Pay the sales & use tax.