November 23, 2020

Volume X, Number 328

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November 20, 2020

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Emergency Public Contracting Procedures, Part 2: State of Florida

As we explained in our previous installment of this series, the impact of Covid-19 continues to create an acute strain on all areas of society. The declaration of a state of emergency by the governor and all of the resulting governmental orders demonstrate that this is a time in which emergency contracting regulations can be used. Since time is a limiting factor, it is crucial to employ the State regulations that allow for streamlined emergency procurement.

The State agencies’ procurement of goods and services is governed by Chapter 287 of the Florida Statutes and further codified in Chapter 60A of the Florida Administrative Code, which regulates the Department of Managing Services. While state agencies are required to use state term contracts, federal agencies, local governments, and school boards are considered eligible users.

Upon making a written determination that there is “immediate danger to the public health, safety, or welfare or other substantial loss to the state requires emergency action,” a State agency head may use modified procurement procedures for commodities or contractual services above $35,000. § 287.057, Fla. Stat. There are two options within this modified process:

(1) If time permits, the agency should obtain, in writing, pricing information from at least two prospective vendors.

(2) If time is restrictively limited, the agency may award a contract without multiple proposals and declare their emergency determination to the department through the “Notice of Emergency Procurement,” Form PUR 7800.

In either case, a copy of the written statement should be given to the Chief Financial Officer with a voucher authorizing payment. Emergency purchases are not required to be posted electronically or by any other means.

As discussed in our blog post regarding Miami-Dade County emergency procurement, the emergency provisions in the Consultant’s Competitive Negotiation Act, could also be utilized by state agencies. § 287.055, Fla. Stat. for architectural, engineering, and other similar professional services.

© 2020 Bilzin Sumberg Baena Price & Axelrod LLPNational Law Review, Volume X, Number 87
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About this Author

Elise Holtzman Gerson Land land Use and Government Relations Lawyer Bilzin Sumberg Law Firm
Associate

Elise focuses her land use and government relations practice on guiding clients through land use issues and representing clients in all levels of the procurement process. Elise understands how law and policy influence business and development, and her grasp of the political dynamics in South Florida makes her an invaluable advocate on behalf of her clients. This is particularly true when she helps navigate clients through the RFP and/or administrative bid protest process.

305-350-2402
Associate

Eric Singer is an Associate in the Government Relations & Land Development Group. His practice focuses on government procurement contracts and the development approval process, including planning and zoning applications, government approvals and permits. Eric also represents clients in quasi-judicial matters and has handled land use cases in state and federal courts at the trial and appellate levels.

305-350-2354
Albert Dotson, Bilzin Sumberg Law Firm, Real Estate and Land Development Attorney
Partner

Nationally recognized for his work on public-private partnerships (P3), Al's experience includes rail and transit facilities, airports, marinas, sports stadiums, convention centers, healthcare/life sciences facilities, educational institutions, water and sewer facilities, and parking structures.

Al is recognized throughout Florida for his work representing local, national, and international clients in responding to government contract solicitations and defending against, or prosecuting quasi-judicial and judicial bid protests.

305-350-2411
Associate

Andrej Micovic is an Associate in Bilzin Sumberg's Land Development & Government Relations Group. He focuses his practice in the areas of government procurement and complex government transactions, including public-private partnership (P3) finance and general project finance. Andrej has substantial experience in the development, procurement, financing, construction, and purchase and sale of infrastructure and energy projects, in the United States and throughout Latin America, representing sponsors, issuers, borrowers, underwriters, lenders, purchasers, and sellers.

Andrej's...

305-350-2361
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