Welcome to FloridaProcurements.com (FlaProc), your authoritative resource for navigating Florida’s government contracting landscape, with particular focus on transportation and technology opportunities. FlaProc provides free, expert guidance to help companies identify and secure state contracting opportunities throughout Florida.

This resource is maintained by Attorney Sean Gellis of Gellis Law, PLLC, one of less than 75 attorneys Board Certified in State and Federal Government and Administrative Practice by The Florida Bar. Mr. Gellis brings unique insight to government contracting, having served as General Counsel of the Florida Department of Transportation (FDOT) and Chief of Staff of the Florida Department of Management Services (DMS)—positions that provided direct oversight of major transportation and technology initiatives. His record in bid protest litigation reflects the sophisticated advocacy and strategic thinking he brings to government contracting matters, particularly in complex transportation and technology procurements.

Florida Procurement: Navigating the Choice Between Competition and Exception

In my years advising on Florida procurement matters, I’ve noticed a recurring question from both agencies and vendors: When is competition required, and when can we pursue an exceptional purchase? The answer isn’t always as straightforward as you might think, and the implications of choosing wrong can be significant.

The Foundation: Competitive Solicitations

Florida’s procurement system is built on the principle of competition. Section 287.057, Florida Statutes, establishes three primary competitive methods – ITB, RFP, and ITN – each designed for different procurement scenarios. This preference for competition isn’t arbitrary; it promotes transparency, ensures best value, and protects public funds.

I often remind clients that competitive solicitations aren’t just about getting the best price. They create a level playing field, encourage innovation, and provide accountability in public spending. When done properly, they protect both the public interest and the integrity of the procurement process.

When Exception Becomes Necessary

Sometimes, however, competition isn’t practical or possible. I recently advised an agency facing an emergency where waiting for a competitive solicitation would have risked public safety. This is exactly why the legislature created exceptional purchase provisions – to provide flexibility when circumstances demand it.

But here’s the crucial point many miss: exceptional purchases aren’t an escape from procurement rules – they’re an alternative path with their own strict requirements. Each type of exceptional purchase demands specific justification and documentation.

Understanding Emergency Purchases

Let me share a story that illustrates both the power and limitation of emergency purchases. During a recent hurricane season, an agency needed immediate repairs to critical infrastructure. The situation clearly met the standard for emergency procurement – immediate danger to public health, safety, or welfare.

However, even in this emergency, the agency couldn’t simply spend without oversight. They needed to document the emergency, justify the purchase, and ensure reasonable pricing. Emergency doesn’t mean uncontrolled – it means following a different set of rules designed for urgent situations.

The Single Source Challenge

Single source procurements often present the trickiest scenarios. I’ve seen agencies attempt to justify single source purchases based on preference for a particular vendor or product, only to face challenges when other vendors prove alternatives exist.

Remember this fundamental truth: true single source situations are rare. Before claiming single source, you need to prove not just that one vendor is best, but that they are literally the only one capable of meeting your needs. The documentation requirements here are extensive, and the scrutiny is intense.

Documentation: Your Shield and Sword

Whether pursuing a competitive solicitation or an exceptional purchase, documentation becomes your most important tool. I’ve seen solid procurement decisions questioned or overturned simply because the documentation wasn’t adequate.

For competitive solicitations, this means maintaining a clear record of the process, evaluations, and award decision. For exceptional purchases, it means creating a compelling justification that will withstand both legal and audit scrutiny. In both cases, contemporaneous documentation is crucial.

Strategic Considerations for Vendors

Here’s something vendors often miss: understanding exceptional purchases can be just as important as mastering competitive solicitations. When agencies face emergency needs or unique requirements, vendors who understand the exceptional purchase process can position themselves effectively.

But be cautious. I’ve seen vendors try to push agencies toward exceptional purchases inappropriately, damaging their credibility and relationships. The better approach is understanding when exceptional purchases are truly appropriate and being prepared to respond effectively in those situations.

Making the Right Choice

The decision between competitive solicitation and exceptional purchase often requires careful analysis. Consider not just the immediate circumstances, but also the long-term implications. Will this purchase set a precedent? Could it face challenges? What documentation will you need to defend the decision?

These questions become particularly important in today’s environment of increased scrutiny and transparency. The wrong choice can lead to protests, audit findings, or even legal challenges.

If you’re facing this decision, consider seeking experienced counsel early in the process. Sometimes, an outside perspective can help identify issues and opportunities you might otherwise miss.

For questions about procurement methods or other government contracting matters, contact Gellis Law, PLLC.