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.

Understanding Florida’s Invitation to Bid Process: A Procurement Professional’s Perspective

After years of working with Florida’s procurement system, I’ve found that many vendors misunderstand the simplest of our competitive solicitation methods: the Invitation to Bid (ITB). While it might seem straightforward – lowest price wins, right? – the nuances of a successful ITB response often escape even experienced contractors.

The True Meaning of Lowest Price

Let me share something that might surprise you: price isn’t always just about the bottom line. Yes, section 287.057(1)(a), Florida Statutes, clearly states that ITBs are awarded to the lowest responsive, responsible bidder. But notice those two critical qualifiers: responsive and responsible. I’ve seen countless low bids rejected because vendors failed to understand these fundamental requirements.

Here’s what agencies are really doing when they issue an ITB: they’re saying, “We know exactly what we want, we can define it precisely, and we don’t need to evaluate anything except price.” Think of it like buying printer paper. The specifications are clear – 8.5 x 11 inches, 20-pound weight, brightness of 92. When every vendor can deliver the exact same product, price becomes the only differentiator.

When Innovation Hurts Your Chances

But here’s where vendors often stumble: they try to get creative with ITBs. I recently advised a client who wanted to propose an “innovative alternative” to the agency’s specifications. While innovation is wonderful, an ITB is not the place for it. The agency has already decided exactly what it wants. Your job is to deliver exactly that – no more, no less – at the lowest possible price.

The beauty of ITBs lies in their simplicity. Agencies use them when they have defined quantities, clear specifications, and no concern about quality variations between vendors. If you’re seeing an ITB, it means the agency is confident that any vendor who meets the specifications can deliver satisfactory performance.

Reading Through the Agency’s Eyes

Let me share a practical tip that’s saved many bidders from costly mistakes: read the specifications as if you’re the agency. They wrote detailed requirements for a reason. If they specify delivery within 30 days, don’t assume 35 days is close enough. If they require three references, don’t submit two thinking your strong reputation will suffice. In an ITB, close isn’t good enough – you’re either compliant or you’re not.

The Hidden Value of Pre-Bid Meetings

Another crucial aspect that bidders often overlook is the importance of the pre-bid meeting. While not all ITBs include one, when they do, treat it as essential – even if it’s not mandatory. These meetings often reveal crucial details about agency expectations that aren’t explicitly stated in the solicitation. I’ve seen cases where questions asked during these meetings led to addenda that significantly impacted pricing strategies.

Focusing on What Matters

Remember, in an ITB, you can’t win on quality, past performance, or superior service – those factors have already been addressed through the specifications. Your only path to victory is offering the lowest price while meeting every single requirement. This means your focus should be on two things: ensuring absolute compliance with specifications and sharpening your pencil on price.

The Danger of Simplicity

One final piece of advice: don’t assume that because ITBs are “simple,” they don’t require careful attention to detail. I’ve seen too many companies lose opportunities because they treated ITBs casually. Every requirement matters, every specification counts, and every detail needs to be precisely as the agency requested.

If you’re new to ITBs or finding yourself unsuccessful in these competitions, consider seeking professional guidance. Sometimes, an experienced eye can spot potential issues before they become costly mistakes.

For questions about Invitations to Bid or other procurement matters, contact Gellis Law, PLLC.