Interpreting Government Procurement Laws and Procedures

What does government procurement entail, and which laws and rules apply?

Interpreting government procurement laws and procedures involves providing legal counsel on acquiring goods, services, and construction projects by government entities. Such legal services cover a range of activities, from understanding the procurement process to advising on bid protests and contract disputes.

Florida’s procurement laws and procedures are within Chapter 287 of the Florida Statutes, which sets forth the general rules for state agencies’ procurement of commodities and contractual services. Additionally, the Florida Administrative Code Rule 60A provides more detailed regulations for the procurement process. Finally, federal procurement laws and regulations, such as the Federal Acquisition Regulation (FAR), may apply when state or local agencies receive federal funds or participate in federally funded projects.

Need help regarding government procurement, including bid and contract protests? Schedule your consultation today with a top government procurement attorney.

What issues regarding government procurement laws and procedures commonly lead to litigation?

The following issues commonly lead to litigation:

• Bid protests: A bidder may file a protest if they believe the government has violated procurement laws or regulations in the award process, such as improperly evaluating bids, engaging in biased decision-making, or violating mandatory procurement procedures.
• Contract disputes: Disagreements between the government and a contractor can arise over contract interpretation, performance, or payment. Such disputes may lead to litigation if the parties cannot resolve the conflict through negotiation or alternative dispute resolution.
• False claims and fraud: The government may pursue litigation against contractors who submit false claims for payment or engage in fraudulent activities, such as bid-rigging, price-fixing, or other anti-competitive practices. Florida’s False Claims Act and the federal False Claims Act provide remedies for such conduct.
• Suspension and debarment: Contractors who have engaged in unethical or illegal activities may be suspended or debarred from participating in future government contracts. Contractors may challenge the suspension or debarment decision through litigation.
• Small business and minority contracting issues: Disputes may arise over a contractor’s eligibility for small or minority-owned business preferences in the procurement process, leading to litigation.
• Termination of contracts: The government may terminate an agreement for convenience or default, which can result in disputes over the contractor’s entitlement to payment for completed work or other damages.

When a set of facts is appropriate for litigation, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What are effective measures to minimize the litigation risks for government procurement?

Consider these measures to reduce the risk of litigation:

• Develop a comprehensive procurement policy: Establish clear guidelines and procedures for procurement processes consistent with Florida and federal statutes.
• Provide training and education: Ensure that government procurement officials and employees are well-trained on procurement laws, regulations, and best practices.
• Conduct thorough evaluations: Evaluate bids and proposals transparently, fairly, and consistently to minimize the risk of bid protests and allegations of impropriety.
• Maintain proper documentation: Keep meticulous records of procurement processes, including bid evaluations, contract negotiations, and contract performance, to ensure transparency and facilitate any potential legal defense.
• Engage in effective communication: Maintain open and honest communication with bidders and contractors to address potential issues before they escalate into litigation.
• Seek legal counsel: Consult with experienced government procurement attorneys when necessary to ensure compliance with applicable laws and regulations and to obtain guidance on risk mitigation strategies.

Please contact our office to set up your initial consultation to see what actions or defenses may be available for your unique situation.

Frequently Asked Questions

1. How do federal procurement laws and regulations impact Florida’s procurement process?

Federal procurement laws, such as the Federal Acquisition Regulation (FAR), can apply to Florida’s procurement process when state or local agencies receive federal funds or participate in federally funded projects.

2. Can a bidder challenge a procurement decision if they believe it was made unfairly?

Yes, a bidder can file a bid protest if they believe the government violated procurement laws or regulations during the procurement process.

3. What is the difference between a contract termination for convenience and a termination for default?

A termination for convenience occurs when the government decides to end a contract due to reasons unrelated to the contractor’s performance—a termination for default results from a contractor’s failure to perform its contractual obligations.

Have more questions about a government procurement-related situation?

Crucially, this overview of government procurement does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.