PUBLIC PROCUREMENT PROBLEMS

Sale or purchase of goods or services to the public, or between private businesses, requires attention.  So long as the parties genuinely understand each other though, and their contract reflects their understanding and relationship, things can remain relatively free of hassle.

Selling to the State, however, is a completely difference proposition.  In Florida, the State’s procurement of goods or services – any good or service – must follow the requirements of Chapter 287 of the Florida Statutes.  The bad news is, Chapter 287 has over 40,000 words to tell you what to do and how to do it, and that does not include the regulations tagged onto the law itself.  It may not quite be the tax code, but it is daunting.

Chapter 287 covers nearly everything – how to bid to the State, when the State may even require bids, how service or merchandise is to be valued, contractual terms, and so on and so forth.  Many industries have their own set of rules, such as insurance, architecture or engineering services, down to meat products and yes, sadly, private legal services.

It takes a lot of patience and knowledge to write a successful bid for State procurement.  The services of an attorney who knows the lay of the legal waters is often a worthwhile investment too.