
- May 29, 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
The Complete Guide to Florida’s Consultants’ Competitive Negotiation Act: Winning the Professional Services “Beauty Pageant”
In the world of Florida government contracting, there’s a procurement process that operates by entirely different rules than the typical low-bid competition. It’s been called a “beauty pageant” because it prioritizes qualifications, experience, and capability over price. Welcome to the Consultants’ Competitive Negotiation Act (CCNA) under Section 287.055, Florida Statutes—a process that governs billions in annual professional services contracts and offers unique opportunities for qualified firms.
Whether you’re an engineering firm seeking FDOT projects, an architectural practice pursuing state facility work, or a surveying company looking to expand into government contracting, understanding CCNA is essential for success in Florida’s professional services marketplace.
What Makes CCNA Different: Qualifications First, Price Second
Most government procurement follows a straightforward formula: agencies define what they want, vendors submit bids, and the lowest responsive bidder wins. CCNA flips this model entirely.
Under CCNA, agencies first identify the most qualified firms, then negotiate price with their preferred choice. This fundamental difference creates opportunities for firms to compete on expertise, innovation, and value rather than simply offering the lowest price.
The “Beauty Pageant” Analogy
Industry professionals often refer to CCNA as a “beauty pageant” because:
- Qualifications matter most: Like contestants judged on talent and presentation, firms are evaluated primarily on their capabilities and experience
- Multiple rounds: The process includes initial qualification screening followed by interviews and presentations
- Subjective evaluation: While criteria are defined, evaluation involves professional judgment about “best fit”
- Relationship building: Success often depends on demonstrating cultural fit and collaborative approach
Who CCNA Covers and When It Applies
Covered Professional Services
CCNA applies specifically to services within the scope of practice of:
- Architecture: Building design, space planning, code compliance
- Professional Engineering: Civil, structural, mechanical, electrical, and other engineering disciplines
- Landscape Architecture: Site design, environmental planning, outdoor space development
- Surveying and Mapping: Boundary surveys, topographic mapping, GIS services, construction staking
Coverage Includes Related Services
Importantly, CCNA covers not just core professional services but also related work performed “in connection with professional employment or practice.” This broad definition can include:
- Construction administration and inspection
- Environmental assessments and permitting
- Project management for technical projects
- Specialized studies and planning activities
- Expert witness services in technical matters
Threshold Requirements
CCNA kicks in when project costs exceed specific thresholds:
- Construction projects: When basic construction cost exceeds the Category Five threshold (currently $195,000)
- Planning/study activities: When professional service fees exceed the Category Two threshold (currently $35,000)
These thresholds are adjusted annually, so firms should verify current amounts before pursuing opportunities.
The CCNA Process: A Step-by-Step Breakdown
Phase 1: Public Announcement and Qualification
Agency Requirements: Agencies must publicly announce opportunities in a “uniform and consistent manner” when thresholds are exceeded. The notice must include a general project description and instructions for consultant application.
Firm Response: Interested firms submit annual statements of qualifications and performance data. Smart firms don’t wait for specific projects—they proactively submit qualifications to position themselves for opportunities.
Agency Evaluation: Agencies evaluate and certify firms as qualified based on:
- Capabilities and adequacy of personnel
- Past record and experience
- Minority business enterprise status
- Other factors specific to agency requirements
Phase 2: Competitive Selection Process
Initial Screening: For each project, agencies evaluate:
- Current statements of qualifications on file
- Project-specific submittals
- Firm capabilities relative to project requirements
Required Consultations: Agencies must conduct discussions with—and may require public presentations by—no fewer than three firms regarding:
- Their qualifications for the specific project
- Approach to project challenges
- Ability to furnish required services
Selection Criteria: Agencies consider multiple factors in determining qualifications:
- Ability of professional personnel
- Past performance on similar projects
- Willingness to meet time and budget requirements
- Geographic location and accessibility
- Current and projected workloads
- Volume of previous work with the agency (to promote equitable distribution)
- Minority business enterprise certification
Phase 3: Competitive Negotiation
Ranking and Negotiation: Agencies select and rank at least three firms deemed most qualified, then negotiate with their first choice for “fair, competitive, and reasonable” compensation.
Detailed Cost Analysis: Agencies must conduct thorough analysis of professional service costs, considering scope and complexity. For contracts over the Category Four threshold (currently $75,000), truth-in-negotiation certificates may be required.
Backup Options: If negotiations fail with the first choice, agencies formally terminate and move to the second-ranked firm, then the third if necessary. If all three fail, additional firms are selected and the process continues.
Continuing Contracts: The Holy Grail of CCNA
One of CCNA’s most valuable provisions is the continuing contract mechanism, which creates long-term relationships between agencies and firms.
What Qualifies as a Continuing Contract
Continuing contracts can cover:
- Professional services projects where individual project construction costs don’t exceed $7.5 million (adjusted annually for inflation)
- Study activities where individual study fees don’t exceed $500,000
- Specified work types outlined in the contract, either for fixed terms or indefinitely with termination clauses
The Strategic Value
Continuing contracts offer firms several advantages:
- Streamlined project delivery: No repetitive qualification processes for each project
- Relationship development: Opportunities to build trust and understanding with agency staff
- Predictable revenue: Ongoing work flow over contract terms
- Competitive protection: Firms with continuing contracts “may not be required to bid against one another”
Who Uses Continuing Contracts Extensively
DMS Division of Real Estate Development and Management (REDM): Uses continuing contracts for:
- Architectural and engineering services for state facilities
- Construction management services
- Specialized consulting for facility improvements
- Energy efficiency and sustainability projects
Florida Department of Transportation (FDOT): Employs continuing contracts for:
- Bridge inspection services
- Environmental consulting
- Transportation planning
- Specialized engineering services
Other Agencies: Many agencies use continuing contracts for routine professional services needs, creating opportunities across state government.
Design-Build Under CCNA: A Hybrid Approach
While design-build contracts generally fall outside CCNA, the statute includes important provisions for this delivery method.
Design Criteria Package Requirements
Agencies must prepare design criteria packages that include:
- Performance-based criteria for projects
- Site information and survey data
- Interior space requirements and material standards
- Schematic layouts and conceptual design criteria
- Cost estimates and project schedules
- Site development and utility requirements
Selection Options
Agencies can choose between:
- Competitive proposal selection: Based on price, technical, and design aspects
- Qualifications-based selection: Following standard CCNA procedures, then establishing guaranteed maximum price
Strategic Insights for CCNA Success
Building Long-Term Relationships
CCNA rewards firms that invest in relationship building with agencies. Successful strategies include:
- Regular communication: Stay in touch with agency staff between projects
- Proactive problem-solving: Offer solutions to challenges agencies face
- Knowledge sharing: Provide industry insights and best practices
- Consistent performance: Build reputation for quality delivery and reliability
Positioning for Continuing Contracts
Since continuing contracts represent the most valuable CCNA opportunities:
- Track contract cycles: Know when existing continuing contracts expire
- Demonstrate reliability: Build track record of successful project delivery
- Show capacity: Prove ability to handle multiple concurrent projects
- Highlight efficiency: Emphasize streamlined delivery and cost-effectiveness
Geographic and Market Considerations
Statewide vs. Regional Focus:
- Some firms succeed by maintaining statewide capabilities
- Others focus on specific regions and develop deep local relationships
- Consider travel costs and project management efficiency in geographic strategy
Market Specialization:
- Agencies often prefer firms with specific expertise over generalists
- Develop recognized competencies in particular project types or technical areas
- Build case studies demonstrating specialized capabilities
Presentation and Interview Excellence
Since CCNA includes subjective evaluation elements:
- Invest in presentation skills: Train key personnel in effective communication
- Prepare compelling case studies: Document successes with clear metrics
- Understand agency culture: Tailor approaches to specific agency preferences
- Bring the right team: Include personnel who would actually work on projects
Common Pitfalls and How to Avoid Them
Misunderstanding the Process
Mistake: Treating CCNA like a traditional bid process Solution: Focus on qualifications and relationships, not just competitive pricing
Inadequate Documentation
Mistake: Submitting generic qualifications without project-specific relevance Solution: Customize submissions to highlight directly relevant experience
Poor Project Management
Mistake: Overpromising capabilities or timelines during negotiations Solution: Provide realistic assessments and build contingencies into proposals
Neglecting Minority Business Enterprise Requirements
Mistake: Ignoring MBE considerations in team composition Solution: Develop authentic partnerships with certified minority firms
Weak Follow-Through
Mistake: Winning contracts but failing to maintain performance standards Solution: Invest in project delivery capabilities and client satisfaction
Specialized Applications Across Florida Government
FDOT Professional Services
FDOT uses CCNA extensively but typically requires prequalification under separate processes. Key service areas include:
- Bridge design and inspection
- Environmental impact assessment
- Transportation planning
- Geotechnical engineering
- Construction engineering and inspection (CEI)
DMS Facility Services
The Division of Real Estate Development and Management uses CCNA for:
- State building architectural and engineering services
- Energy audits and efficiency improvements
- Space planning and renovation design
- Construction management for facility projects
- Specialized consulting for historic preservation
Local Government Applications
Many Florida municipalities, counties, and special districts use CCNA for:
- Infrastructure design and planning
- Municipal facility architecture
- Parks and recreation planning
- Environmental compliance services
- Transportation impact assessments
Preparing for CCNA Success: A Practical Action Plan
Immediate Steps
- Register with target agencies: Submit current qualifications statements
- Identify upcoming opportunities: Monitor public announcements and agency planning documents
- Assess current capabilities: Evaluate strengths and gaps relative to typical agency needs
- Build strategic partnerships: Develop relationships with complementary firms and certified MBEs
Medium-Term Investments
- Develop case studies: Document successful projects with clear outcomes and client testimonials
- Train presentation teams: Invest in communication skills for key personnel
- Build agency relationships: Attend industry events and maintain regular communication
- Expand capabilities: Consider strategic hires or partnerships to address market gaps
Long-Term Positioning
- Track performance metrics: Document on-time delivery, budget performance, and client satisfaction
- Pursue continuing contracts: Focus on opportunities that provide ongoing revenue stability
- Develop specializations: Build recognized expertise in specific service areas or project types
- Maintain agency relationships: Invest in long-term relationship building across multiple agencies
The Future of CCNA in Florida
Recent trends suggest CCNA will continue evolving to address changing professional services needs:
Technology Integration
Agencies increasingly expect firms to leverage technology for:
- Building Information Modeling (BIM) for design coordination
- Geographic Information Systems (GIS) for planning projects
- Drone technology for surveying and inspection
- Virtual reality for design visualization
Sustainability Focus
Environmental considerations are becoming standard in professional services:
- LEED certification and green building expertise
- Climate resilience planning capabilities
- Sustainable infrastructure design
- Environmental impact mitigation strategies
Innovation Emphasis
Agencies are seeking firms that bring innovative approaches:
- Alternative delivery methods
- Value engineering capabilities
- Emerging technology applications
- Process improvement methodologies
Conclusion: Mastering the Art of Professional Services Procurement
The Consultants’ Competitive Negotiation Act represents a unique opportunity for professional services firms to compete on their strengths rather than simply offering the lowest price. Success requires understanding that CCNA is fundamentally about relationships, capabilities, and demonstrated value.
Unlike traditional procurement where the lowest bidder often wins regardless of qualifications, CCNA rewards firms that invest in building capabilities, maintaining relationships, and consistently delivering excellence. The “beauty pageant” analogy is apt—success comes from presenting your best qualities while demonstrating genuine value to agency partners.
For firms willing to invest in understanding the process, building appropriate capabilities, and maintaining long-term relationships with agencies, CCNA offers pathways to substantial, ongoing revenue through continuing contracts and repeat project opportunities.
The key is recognizing that CCNA isn’t just a procurement process—it’s a relationship-building mechanism that rewards professional excellence, collaborative approaches, and demonstrated value over the long term. Firms that master this understanding find themselves not just winning individual projects, but building sustainable practices around ongoing partnerships with Florida’s government agencies.
Whether you’re just entering the Florida professional services market or looking to expand your government practice, understanding and leveraging CCNA can transform your approach to public sector opportunities. The investment in learning the process, building relationships, and positioning your firm appropriately pays dividends for years through continuing contracts and ongoing agency partnerships.
The professional services marketplace in Florida is substantial and growing. With the right approach to CCNA, your firm can claim its share of this valuable market while building the long-term relationships that sustain successful government contracting practices.
Ready to pursue CCNA opportunities? Start by reviewing current agency qualification requirements and identifying upcoming project announcements. The path to professional services success in Florida begins with understanding and mastering the Consultants’ Competitive Negotiation Act.