• May 6, 2025
  • Sean Gellis
  • 0

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 the Chief of Staff of the Florida Department of Management Services (DMS), General Counsel of the Florida Department of Transportation (FDOT), and Deputy General Counsel of the Florida Office of Insurance Regulation – positions that provided direct oversight of technology initiatives and issues of statewide importance. 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. Sean also leads Procurement Insider, a confidential subscription service that provides technology vendors with strategic intelligence and insider analysis of Florida government opportunities. Learn more about transforming your approach to government contracting at www.gellislaw.com/procurement-insider

Florida’s Single Source Procurements: The Hidden Opportunities Smart Vendors Are Missing

As a Florida vendor seeking government contracts, you’ve likely experienced the frustration of watching potentially perfect opportunities get awarded without competition through “single source” designations. But what many vendors don’t realize is that these supposedly closed opportunities might actually be more accessible than they appear.

Understanding Florida’s Single Source Procurement Law

Let’s start with the basics. Under Florida law, specifically section 287.057(3)(c), Florida Statutes, agencies can bypass competitive solicitation when they believe commodities or services are “available only from a single source.” This seems straightforward, but there’s a critical process that agencies must follow:

  1. The agency must electronically post a description of what they’re seeking for at least 15 business days
  2. This posting must include a request for other vendors to provide information about their ability to supply these goods or services
  3. After reviewing responses, the agency must determine in writing that the commodities or services are truly available only from a single source
  4. The agency must then provide notice of its intended decision following specific legal procedures
  5. All such actions must be reported quarterly to the Department of Management Services

This process creates a crucial window of opportunity for vendors that’s often overlooked.

The Proprietary Technology Trap

Here’s where things get interesting—and where opportunities open up for savvy vendors.

Many single source designations, particularly in technology, aren’t based on true uniqueness. Rather, they’re continuations of existing services justified under the guise of “proprietary” systems. I recently spotted a single source procurement for maintaining a technology system that was over 20 years old!

This raises a pivotal question: At what point should agencies be required to rebid these systems rather than remaining captured by perpetual “proprietary” claims?

Consider the implications of a 20-year-old technology system:

  • It predates modern cloud architecture
  • It was built before current security frameworks existed
  • It likely costs more to maintain than replace
  • It almost certainly can’t integrate effectively with modern systems
  • The programming languages used may no longer be widely supported

Yet agencies continue citing “proprietary technology” to justify decades of non-competitive purchases from the same vendor.

How Smart Vendors Can Take Action

If you’re a vendor watching these single source opportunities pass by, it’s time to change your approach. Here’s your action plan:

1. Monitor Actively

Set up a daily review of the Vendor Bid System (VBS). Florida agencies are required to post their single source intentions for 15 business days. This posting period is your window of opportunity to challenge the single source designation—but only if you’re paying attention.

Create a monitoring routine:

  • Check VBS daily (ideally at the same time each day)
  • Set up alerts for key terms in your industry
  • Pay special attention to technology-related single source notices

2. Evaluate Quickly

When you spot a single source notice in your field, evaluate it immediately. Ask yourself:

  • Can my company genuinely provide this service or product?
  • Do I have documentation proving our capability?
  • Can I specifically address the “proprietary” claims being made?

This evaluation must happen quickly—remember, you only have 15 business days from when the agency posts the notice, and you’ll want to respond well before that deadline expires.

3. Respond Strategically

If you determine you can provide the service, craft a professional response to the procurement officer. Your response should:

  • Clearly state your company’s ability to provide the specified goods or services
  • Include detailed technical information contradicting the “proprietary” claim
  • Provide examples of similar work you’ve done for other agencies
  • Request that the procurement be opened to competition

Important: Frame your response as informational, not confrontational. The procurement officer isn’t trying to exclude you—they may simply be operating on incomplete information about what’s available in the marketplace.

4. Be Prepared to Educate

Many agencies continue with legacy systems because they believe transition would be too disruptive or costly. Be prepared to offer information about:

  • Modern migration methodologies that minimize disruption
  • The long-term cost benefits of transitioning to current technology
  • How contemporary systems can interface with legacy data
  • Risk factors in continuing to operate outdated systems

When Should Agencies Rebid Instead of Renew?

For any agency procurement officials reading this, I encourage you to consider these guidelines for when technology systems should be rebid rather than perpetually renewed through single source designations:

  • Age threshold: Systems over 7-10 years old should automatically trigger a market assessment
  • Security assessment: When systems can no longer meet current security requirements without significant customization
  • Cost analysis: When annual maintenance exceeds 15-20% of replacement cost
  • Integration challenges: When connecting to newer systems requires extensive custom interfaces
  • Support concerns: When original developers or programming languages are no longer widely available

The Bottom Line for Florida Vendors

Single source procurements don’t have to be closed doors. Under Florida law, they’re actually opportunities to demonstrate your capabilities and potentially open the procurement to competition.

By monitoring the Vendor Bid System daily, evaluating opportunities quickly, and responding strategically, you can position your company to access business that might otherwise remain locked behind questionable “proprietary” designations.

The key is consistency. Make reviewing single source notices part of your daily business development routine. When you spot an opportunity in your field, respond promptly with clear, professional information about your capabilities.

Remember: You’re not just pursuing an immediate contract opportunity—you’re educating agencies about marketplace options they may not realize exist. Even if you don’t win the current procurement, you’re positioning your company for future opportunities when the agency eventually recognizes the need to move beyond outdated systems.

Are you monitoring Florida’s single source notices? If not, you might be missing some of your best business opportunities.

Sean Gellis

Sean Gellis maintains FloridaProcurements.com and leads Gellis Law, PLLC, providing expert insight into Florida government contracting with particular focus on transportation and technology opportunities. As former Chief of Staff of the Department of Management Services (DMS), General Counsel of the Florida Department of Transportation (FDOT), and Deputy General Counsel of the Florida Office of Insurance Regulation (OIR), he brings unparalleled insider perspective to government procurement matters.

Board Certified in State and Federal Government and Administrative Practice by The Florida Bar—a distinction held by fewer than 75 Florida attorneys—he combines sophisticated legal experience with practical agency knowledge. Through FloridaProcurements.com, he regularly analyzes procurement trends and strategic opportunities in Florida's government marketplace. His Procurement Insider subscription service offers companies confidential intelligence and strategic guidance on Florida technology procurements, transforming how innovative providers compete for government business. Sean's unique background enables him to bridge the gap between government processes and private sector innovation, helping clients navigate procurement challenges and capitalize on opportunities that others miss.

http://www.gellislaw.com

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