A good bid includes labor, materials, equipment, permits, and other expenses. You should not be intentionally coming in low in order to win a project. After all, what’s the point of working if you’re losing money instead of making it?

Don’t lose money on your next construction project. Here are some bidding mistakes to avoid.

Bidding on the Wrong Projects

Just because you’re a contractor doesn’t mean that you should bid on every construction project. You likely have specialties or types of construction that you enjoy doing. Focus on them. Before placing a bid, take a look at the scope and requirements. Can you handle the job based on your experience and workload? If not, then don’t be afraid to pass.

Not Visiting the Site

Don’t place a bid based on plans alone. You’ll want to visit the site in person to look for any unique situations. For example, a steep location could pose a challenge for delivering materials. Always attend the pre-bid meeting to get an idea of the requirements so you’re not in the dark.

Not Getting Clarification

When preparing a bid, you need to make sure you have all the information you need to make an informed decision. This means fully reviewing the plans and specifications to make sure you can complete the work. If you are unsure of any aspect of the project, you need to seek clarification from the point of contact. Do not ever make assumptions. If you can’t get your questions answered, then don’t bid on the project.

Not Properly Calculating Labor Costs

You need to be able to pay for manpower to complete your project. This means calculating the number of man-hours required and multiplying that by an hourly wage. You will have to take into consideration the experience of your workers as well as their productivity levels. You will also need to consider turnover, absences, injuries, and overtime. These factors all cost extra money.

Math Errors

Math errors are a common issue, Don’t rely on your brain alone. Always use a calculator or construction software to make accurate calculations. On top of that, always make sure you are inputting numbers correctly. Double-check and even triple-check your work to make sure. You don’t want to underbid or overbid the job.

Contact Us Today

Bidding appropriately is important in the construction business. The process takes a lot of time and effort and is much more than just throwing out a number.

A poor bid can lead to legal issues. Seek legal help from the Florida bid protests, bid disputes, and public contracting lawyers from Linkhorst Law Firm. We have the experience to help you challenge low bids as well as defend you against challenges to your own bids. Schedule a consultation today by filling out the online form or calling (561) 626-8880.

Source:

constructconnect.com/blog/13-costly-construction-bidding-mistakes-how-to-avoid-them

The process for a bid protest is extremely complex, so you will be dealing with an array of deadlines, rules, and fees. Time is of the essence with pursuing legal action, and there are risks to understand before moving forward. You can trust a Florida bid protests attorney to advise you and handle the important tasks. As a practical matter, there are also some factors to consider before filing a bid protest in Florida.

Standing as a Qualified Protestor: You must have legal grounds to dispute the bid, a concept termed standing. This requirement essentially means that you must have been an actual contender to get the bid for your company, instead of further down on the list. The two important criteria for standing are:

1. The bid must come from a responsible bidder, a contractor that possesses the skills and resources to do the job.
2. Your bid must be responsive, in the sense that it complies with all criteria listed in the bid solicitation documents.

Without standing, a bid protest is probably unwise.

Time Must be on Your Side: After a notice of intent to award a bid is announced, contractors have 72 hours to begin the bid protest process. The first filing is a notice of intent to protest, which contains basic details on the grounds for the protest. Within 10 days after, you must file your formal written protest that includes thorough details on why the award was improper. Failure to meet deadlines will prevent your protest from moving forward.

 You Must Arrange a Bond: It will be necessary to obtain a bond from an approved surety along with your bid protest, as a sort of insurance policy to cover the costs of the process. The amount is set by specific statute, so you should be prepared to pay the applicable bond.

 You Need Solid Documentation: A successful bid protest will include a multitude of factual and legal evidence, particularly paperwork related to evaluating bids. Documents regarding bid solicitation, minutes from public meetings, the winning bid, and communications among the relevant parties are critical.

A Florida Construction Lawyer Will Counsel You on Bid Protests

You cannot expect an easy Yes or No when determining whether to pursue a bid protest, but these factors will help guide your decision making. Plus, when you have advice from experienced attorneys, you will better understand your options. To learn more, please contact Linkhorst Law Firm, P.A. to schedule a consultation. You can reach our offices in Jupiter, FL by calling 561-626-8880 or going online.

Still, there is another step prior to going to a hearing on the matter. Administrative regulations in Florida require that the agency hold a settlement conference, encouraging resolution of disputes before the cost, time, and effort of a hearing. This conference should be viewed as an opportunity rather than a requirement. You make the best of it when you have a Florida bid protests and disputes attorney on your side to assist with:

Preserving Your Bid Protest: Once the agency issues its Notice of Intent to Award a construction project to a contractor, the clock starts to run on two important deadlines. Your lawyer will track the time and assist with the documents associated with these deadlines:

• You must file a Notice of Intent to Protest the agency’s decision within 72 hours after it is posted. This document does not need to include all specifics about the matter you are contesting, but it must contain basics to identify the case.
• You will need to follow up with a Petition to Protest the bid within 10 days. It is necessary to include all relevant details to support your argument about how the agency erred with its decision. 

Evaluating the Points to Contest: There are multiple factors that the protesting contractor will usually dispute, and they may include:

1. A challenge based upon the specifications, such as the winning bidder failing to be responsive to the plans;
2. Contesting the intended decision, especially where the agency did not follow its rules for soliciting and awarding the bid; and
3. Anomalies in the bid process that gave the winning contractor an unfair advantage. 

Managing Settlement Discussions: Within 7 days after receiving the official Petition to Protest the agency’s decision, it is required to attempt resolution of your bid protest. Potential remedies in your favor might include changing the intended award or rejecting all bids, and the process may need to start anew. Your attorney plays a vital role during these discussions by stressing important facts and making arguments about how the process was unlawful.

Our Jupiter, FL Bid Protests Lawyers are Ready to Support You

To learn more about the settlement conference that must precede a hearing for bid protests, please call Linkhorst Law Firm, P.A. at 561-626-8880 or visit us online. Our team serves construction professionals throughout Palm Beach County and South Florida, so we are happy to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0120/Sections/0120.57.html

While every project is unique, there are several factors that contractors should assess whenever faced with the decision of whether or not to bid. A Florida public contracting attorney can offer customized advice, though you should consider the following questions.

Will the Project Bring Profit? You do not even need to address the additional factors if you cannot answer this question in the affirmative. There is no reason to invest resources in bidding when you have no or limited opportunity to profit from the project. A careful assessment of your labor costs, equipment overhead, and supplies expenses is still necessary, and make sure to include taxes, insurance, workers’ compensation, and other factors. Once you determine what it takes to complete, you can evaluate potential profitability.

 Can Your Construction Company Deliver? Even if you can make some money from winning the bid, you must confirm that your company is capable of doing the work. Analyze current projects and upcoming needs, so you know where demand for crews and materials will be most profound. You must be able to deliver in terms of manpower, office staff, and supplies, without jeopardizing existing projects. Also, take a look at your financial capability to perform, keeping in mind bond and cash flow requirements.

What Risks Could Affect Performance? There are risks with any project, but identifying and managing them early could affect your decision to bid or not. Pay close attention to common risks that become obvious through historical trends, such as:

• Incomplete or flawed construction designs;
• Safety concerns for your crew;
• Unknown and unpredictable site conditions; and,
• Delays and accelerations. 

How Does the Project Fit into Your Long-Term Goals? This factor raises many other questions about how you envision the future of your company – and whether public construction projects will be part of it. When seeking to expand, you may invert more resources upfront so you are prepared for the larger public projects that come along as business opportunities.

A Florida Public Contracting Lawyer Will Advise You on Bidding

These factors should help guide you in deciding whether to bid on a public construction project, but there may be others that are important for your company goals. The location, duration, and scope could also affect your decision making. For assistance with assessing whether or not to bid, please call Linkhorst Law Firm, P.A. at 561-626-8880 or go online to schedule a consultation with a member of our team. Our office serves Palm Beach County and South Florida in a range of construction law matters, and we look forward to hearing from you.

If you do not agree with the government’s decision to award a construction contract to another company, you have 72 hours to take action by submitting a notice of intent to file a bid protest. Doing so triggers additional steps in the process, and a Florida bid protests and disputes attorney can guide you in terms of requirements and details. Plus, it is useful to understand the basics on what happens next.

Next Stages After Filing a Bid Protest

 The 72-hour deadline mentioned above applies to the notice of intent to file a bid protest, but keep in mind that you have up to 10 days afterward to file the formal protest documents. It is critical to include specifics and details upon which the bid protest is based, so your paperwork should state all facts showing that you would prevail in your claim for improper government action. You will also need to secure a protest bond for 1 percent of the contract amount.

From there, you can expect additional steps in bid protests:

• The agency must hold a settlement conference within 7 days after the formal protest, which could result in an agreement resolving all disputes.
• Upon receipt of the formal bid protest, the government body must impose an automatic stay on the solicitation or contract award process until resolution. 

Options for Resolutions of Bid Protests 

One of the central points in the settlement conference is discussions of “voluntary corrective action” by the agency accused of misconduct in the procurement process. Government bodies are authorized to:

• Reject some or all offers that adversely affect the protester’s interests;
• Directly award the construction contract to the protester;
• Reassess certain offers, focusing on specific factors raised by the protester;
• Amend the invitation to bid, request for proposal, or invitation to negotiate to correct errors; and,
• Take any other remedial action that is not precluded by law.

If you are unable to work out a resolution at the settlement conference, the next step is going before an administrative law judge for a decision – a proceeding similar to a trial in court.

A Jupiter, FL Bid Protests and Disputes Lawyer Will Guide You Through the Process

These tips are useful, but you can better leverage your options in a bid dispute when you have experienced counsel on your side. For additional details about the process, please call 561-626-8880 or go online to reach Linkhorst Law Firm, P.A. We are happy to schedule a consultation to discuss your circumstances.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0120/Sections/0120.57.html

Interference with the process may give rise to a bid protest for the contractors who were turned down by the government, but time is of the essence to take action. You might have just 72 hours from the public agency notifying bidders that it has made a decision. A Florida bid protests, bid disputes and public contracting attorney will handle the details related to: 

1. Non-Responsive Contractor 

A public body can only award a contract to a bidder who describes the work to be performed in the same way as the bid solicitation. A responsive bid is one that conforms in all material respects to what the procuring agency seeks, so minor deviations are not sufficient for a successful bid protest. 

2. Improper Communications 

A “cone of silence” applies to all government procurements, meaning that prospective bidders cannot communicate with representatives from the public agency – other than the point of contact listed in the bid solicitation. There may also be rules on proper communications, such as the requirement for all exchanges to be in writing. Violations of the law might be a reason to file a bid protest.

3. Bid Mistakes 

An error in the bid may be actionable, but these claims are very case-specific. For instance, mistakes in calculations or typos can be corrected rather than lead to cancellation of the contract. However, blunders in evaluating project specification could provide solid grounds for a successful bid protest. 

4. Violations of the “Sunshine” Law 

The entire bid process is aimed at transparency when a public body will be paying for a Florida construction project with taxpayer money. As such, the Sunshine Law imposes requirements for meetings where a government agency will take official action; these sessions must be property noticed and open to the public. If the meeting did not comply with the law, any bids awarded to a contractor are null and void. 

5. Late Bid Submissions 

The deadline for delivering bids will be included in the solicitation, so it is possible to file a bid protest against a contractor who won on a late submission. 

Our South Florida Bid Protests Lawyers Will Guide You Through the Process

If you have concerns about a lost bid and believe misconduct tainted the process, please contact Linkhorst Law Firm, P.A. to learn more about your options. You can reach us at 561-626-8880 or go online to set up a consultation with an attorney. Our offices serve clients throughout Palm Beach County and the surrounding region, so we are happy to help with bid protests.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0255/0255ContentsIndex.html&StatuteYear=2020&Title=%2D%3E2020%2D%3EChapter%20255

However, though the legal rules are strict, improprieties in the bidding process can occur. The bid you thought would result in the contract being awarded to you could go to another company, and you may have suspicions about a lack of fairness. The statute does provide a means for challenging the process, so it is critical to retain a  Florida bid protests, bid disputes & public contracting attorney for assistance with the complicated laws. A few quick facts may also be informative.

Bid Rules Vary by Government Agency 

Ideally, the legal requirements and procedural rules would be the same across the board for all government bodies executing construction contracts with private companies. Unfortunately, this is not the case. Not only are there distinctions between Florida and federal agencies, but you will also need to know the rules that apply to individual state and local agencies. Plus, the regulations vary when it comes to soliciting bids and considering bid protests.

Criteria for Raising a Bid Protest 

Though they have discretion in awarding bids, government agencies are still bound by the statutory requirements. They are required to consider all bids submitted by a “responsive” and “responsible “contractor. Specifically,

• A responsive contractor is one that delivers a bid which conforms in all material respects to the solicitation published by the agency.
• A responsible contractor possesses sufficient skill and has access to appropriate resources, enabling it to complete the construction project in a workmanlike manner and on time.

As a result, you only have standing to pursue a bid protest if you meet these requirements. 

Differences Between Pre- and Post-Award Bid Protests 

The rules related to bid protests may also vary based upon what stage you want to dispute. For instance, a pre-award protest aims to challenge the selection requirements the agency employs when granting the bid to a contractor. After the winning company is announced, you could have grounds for a post-award bid protest that disputes the selection process.

Proof for a Successful Bid Protest 

Documents are the most effective evidence for proving improprieties with public construction contract bids, including:

• The solicitation for bids;
• The winning bid;
• Emails and other communications;
• Pricing schedules; and
• Any paperwork revealing deviations from the bid process.

Contact a South Florida Bid Protests Lawyer to Learn More

As you can see, construction bid protests can lead to a win for Florida contractors – but there are also many risks and pitfalls that impact success. For more information about the pros and cons, please contact Linkhorst Law Firm, P.A. We can schedule a consultation at our Jupiter, FL offices to discuss details.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0287/Sections/0287.001.html

Aside from the criminal implications, corruption in bidding also affects your financial interests. You may have legal remedies if you suffered losses as a result of misconduct, so it is critical to consult with a Florida bid protests, bid disputes, and public contracting lawyer about your concerns. It is also important to recognize the four key types of bid rigging schemes in the Florida construction industry, which include:

1. Bid Suppression: Through this scheme, contractors might agree to not participate in the bidding process or withdraw an existing bid. The goal is to narrow down the pool of competitors, so that the chosen contractor will win the bid. In exchange for giving up the bidding opportunity, that company may receive a subcontract, payoff, or other beneficial treatment. 

2. Bid Rotation: This bid rigging plan involves an agreement by contractors to take turns being the lowest bidder, while all other participants intentionally submit a high amount. This rotation increases the potential that the company on the low end will win the bid and reap the benefits, and the other higher bidding contractors wait their turn. From the outside, it may appear that the process is legitimate, but bid rotation results in the property owner paying more for the project.

3. Complementary Bidding: With this scheme, colluding construction companies intentionally lose a contract in such a way that makes it appear as if they are attempting to be competitive. A contractor might:

• Submit an inflated bid;
• Include conditions that make it ineligible to win the contract; or
• Fail to meet the bid requirements in its proposal.

This company’s bid would automatically be rejected, opening the door to other contractors who are in on the scam.

Spot the Signs of Bid Rigging: Even with these descriptions, it can be difficult to discern if your company is being harmed by misconduct in the bid process. Some telltale signs include:

• Projects repeatedly awarded to the same contractor or group;
• Subcontracts often being awarded to losing bidders;
• Shoddy construction services and/or supplies;
• Reports from other entities involved with the bid process, who may have experienced or witnessed misconduct. 

Trust a South Florida Bid Protests and Disputes Attorney to Advise You

For more information on bid rigging in the Florida construction industry, please contact Linkhorst Law Firm, P.A. We can set up a consultation to review your circumstances, discuss potential options, and advise you on next steps.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0255/0255ContentsIndex.html&StatuteYear=2020&Title=%2D%3E2020%2D%3EChapter%20255

If you have concerns about misconduct or mistakes, you might consider a bid protest to uncover the issues and ensure fairness in the process. The details are extremely complicated, incorporating strict deadlines and notice rules. Still, when you have invested resources in preparing a bid, you do your company a disservice by not pursuing your legal remedies. A Palm Beach County bid protests attorney can assist with the complex legal process, but you should be aware of four facts on the subject.

1. Who Qualifies to File a Bid Protest: You must have standing to seek relief through a bid protest, which essentially means you must be directly affected by the government’s mistake in awarding the contract to another company. Typically, you have the required standing by coming in second, since you would have theoretically received the go-ahead had the error not occurred. If your bid ranked further down on the list, you would not be eligible. 

2. Compliance with Deadlines is Crucial: Florida law deems you as waiving any bid protest if you do not take action in accordance with statutory deadlines. Initially, you have 72 hours to announce a Notice of Protest, i.e., your intent to officially dispute the bid and supply essential proof of errors. Your formal, written bid protest must be filed within 10 days thereafter, along with all documents, evidence, and legal concepts supporting your position.

3. Your Bid Protest Freezes the Process Until Resolution: The filing date of your bid protest puts a hold on the contract in question until the formal process runs its course. There are two potential outcomes in through the proceedings:

• All parties are required to meet with the relevant government agency within seven days of the written protest, to determine whether the dispute can be resolved by agreement.
• When the parties cannot compromise, officials will schedule an administrative hearing. The proceeding is similar to a trial, so the administrative law judge will issue an order on the bid protest after reviewing testimony and evidence. 

4. Retaining a South Florida Bid Protests Lawyer is Key to Your Success

As you can see, you may win a contract in a bid protest; however, you could also lose, and spend considerable time and money – on top of what you already invested to prepare the initial bid. It is important to trust a knowledgeable Florida bid protests attorney who can help you understand the different outcomes, so you can make informed decisions about how to proceed. For more information, please contact Linkhorst Law Firm, P.A. to set up a consultation at our office.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0255/Sections/0255.0518.html

Affordable Housing Developer Loses Funding Due to Failure to Disclose “Existing Units”

A recent decision from the Florida First District Court of Appeal, Heritage Oaks, LLP v. Madison Pointe, LLC, offers an important cautionary tale on this point. This case involved a legal challenge to the Florida Housing Finance Corporation’s decision to rescind an award earmarked for the construction of affordable housing. The appeals court ultimately agreed with an administrative law judge’s ruling upholding that decision.

Here is a brief overview of what happened. Florida Housing issued a request for applications (RFA) seeking bids to build affordable housing units for several counties. In response to the RFA, an applicant proposed the creation of 85 “newly constructed housing units” under the name Heritage Oaks.

Florida Housing required all applicants to fill out an application. One of the questions on the application asked about the “total number of units” proposed. The question further elaborated that applicants must indicate the number of “existing units” on the proposed site, including units that were not currently occupied. The Heritage Oaks group answered there were no existing units on its proposed site.

Florida Housing subsequently awarded project funding to several applicants, including Heritage Oaks. Another applicant that did not receive a contract, Madison Pointe, subsequently filed a protest with Florida Housing. Madison Pointe alleged Heritage Oaks “gave several inaccurate answers in its application.” As relevant here, Madison Pointe said there were existing units on Heritage Oaks’ proposed site, contrary to what it said in its application.

An administrative law judge ultimately agreed with Madison Pointe. The judge noted the RFA asks about existing units so that Florida Housing can ensure any tenants can be relocated. Heritage Oaks said it believed the question about existing units only applied to housing that was to be rehabilitated, as opposed to its proposed site, where all units were to be demolished.

But as the appeals court explained, “such a reading is not reasonable.” The term ‘existing units’ as it appeared on the RFA clearly meant “units existing on the development site at the time of application.” And Heritage Oaks’ incorrect answer was not a “minor irregularity” that Florida Housing could simply ignore. It was an “omission of material information” that justified Florida Housing’s decision to revoke Heritage Oaks’ award.

Get Advice from a Florida Construction & Public Contracting Attorney Today

There are no minor or insignificant issues when it comes to public contracts. That is why it is critical to work with a Florida bid protests, bid disputes, and public contracting lawyer. Contact Linkhorst Law Firm today if you need advice or assistance related to any construction law matter.

Source:

1dca.org/content/download/532096/5907756/file/174503_1284_07152019_09584890_i.pdf

https://www.floridahardhatlaw.com/conducting-a-bid-protest/