As a contractor, when you submit a bid to perform public work, it’s crucial to pay close attention to the solicitation requirements for that bidding entity. Does the bidding entity need to have a specific license? If you win the bid, can any of the work be subcontracted? This is especially important to know before placing the bid. You’ll need to know if 1) can you hire subcontractors and 2) do the subcontractors need to be listed in the bid? If so, you’ll need to have a firm idea of who you’ll want to work with on this project and make sure they are listed. These are all important points that need be examined well before making a bid submission. Failure to adhere to these requirements may result in disqualification. Contacting a Jacksonville contractor attorney before submitting a bid will save you time and money. An attorney can assist in going over all of the solicitation requirements to make sure nothing is overlooked, which can avoid any possible errors that lead to disqualification.
1. Don’t Rely On Qualifications Of Affiliated Companies
Sometimes, potential bidders will depend on the qualifications of parent or affiliated companies to achieve experience elements of a solicitation. To prevent this, bidders need to examine whether or not it will be considered responsive or if the bidding entity itself must directly possess all of the requisite experience.
2. What Are The Responsive Definitions?
Florida Statutes defines “responsive bid,” “responsive proposal,” or “responsive reply” to mean a bid, or proposal, or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation. What if the solicitation terms require that a bidder have two years of comparable experience and the bidder relies on a parent or affiliate company to satisfy the requirement? Depending upon the specific terms of the solicitation, the bid may be non-responsive and rejected.
3. What Should Be Included In Solicitation Documents?
Solicitation documents are prepared from a template called standard bidding or tender documents, and information specific to the particular requirement, as seen below, is used to complete the solicitation documents. When completing solicitation documents, it’s important to check in with your construction lawyer in Jacksonville to assist with:
- Determining what the need is for a pre-bid conference
- Determining what the due date is for requests for clarifications on the solicitation documents
- Determining the deadline for submission of bids or proposals
- Determining bid/proposal validity period, evaluation criteria, and opening date
- Determining need for bid security and/or performance security
- Identifying and selecting evaluation panel members and observers
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.