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.
Opinion: Strategic Use of Pilot Programs in Florida Government Contracting
In my years of procurement practice, I’ve observed various strategies vendors use to establish relationships with government agencies. Today, I want to discuss a powerful but often overlooked approach: the strategic use of pilot programs.
The Power of “Try Before You Buy”
Let’s be direct: Florida’s procurement laws require competitive solicitations for purchases $65,000 (Category Three). These thresholds can present significant barriers to entry, especially for innovative companies with new solutions. However, I’ve seen forward-thinking vendors successfully use pilot programs as a strategic pathway to larger opportunities.
Understanding the Strategy
Think about pilots as sophisticated loss leaders. When a company offers a limited, no-cost pilot of their solution, they’re doing more than just providing a free sample – they’re creating a proof of concept within the agency’s own environment. This approach can be particularly effective for technology solutions where seeing is believing.
The Legal Framework
Here’s what makes this strategy particularly interesting: while agencies must compete significant purchases, they’re generally free to accept no-cost pilots or trials. Of course, there’s no guarantee of future purchases, and agencies must still follow procurement laws for any subsequent acquisitions. But a successful pilot can position a vendor uniquely for future opportunities.
Beyond Direct Purchase
One of the most sophisticated applications I’ve observed involves using pilot programs to support alternate procurement strategies. For instance, a successful pilot might convince an agency to utilize an existing contract from another jurisdiction through Florida’s cooperative purchasing provisions.
I recently advised a client who used this exact approach. After demonstrating their solution’s value through a pilot, the agency was able to purchase through an existing competitively procured contract from another state – a win-win that saved both time and resources.
Managing Risk and Expectations
Let me be clear: this strategy requires careful planning and execution. Vendors need to understand that offering a pilot doesn’t guarantee future business. The pilot’s scope and terms must be carefully defined, and all parties should understand that any substantial purchase will require proper procurement procedures.
Creating Value While Maintaining Compliance
The key to successful pilot programs lies in creating genuine value while respecting procurement requirements. This means:
- Clearly defining the pilot’s scope and duration
- Understanding it’s a proof of concept, not a permanent solution
- Maintaining transparency about future procurement requirements
- Documenting results and benefits
Strategic Considerations
I’ve seen vendors achieve remarkable success with this approach, but it requires patience and resources. You’re essentially investing in creating demand for your solution within the agency. This means the pilot needs to be more than just functional – it needs to demonstrate clear value and generate internal champions for your solution.
Looking Forward
As government agencies face increasing pressure to innovate while maintaining procurement integrity, I expect we’ll see more strategic use of pilot programs. The key is understanding how to structure these programs effectively while respecting procurement requirements.
If you’re considering offering a pilot program to a Florida agency, think strategically about your long-term goals. A well-executed pilot can open doors that might otherwise remain closed, but it requires careful planning and execution.
For agencies considering pilot programs, remember that while you can accept no-cost pilots, any subsequent purchase must follow appropriate procurement procedures. The pilot can inform your requirements and understanding of available solutions, but it can’t circumvent competition requirements.
The opinions expressed here are personal views based on experience in government contracting. For specific guidance on pilot programs or other procurement matters, contact Gellis Law, PLLC.
