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
Understanding Florida’s Proviso Contracts: A Different Path to Government Work
As someone who’s overseen billions in state contracts, I’ve noticed a common misconception about Florida government contracting: that all contracts must go through competitive procurement. Today, I want to share insight into a lesser-known pathway—proviso contracts—and explain why they’re both simpler and more complex than you might think.
What Are Proviso Contracts?
Let me start with something that surprised me during my time as a state agency general counsel and chieff of staff: some contracts bypass the entire procurement process through direct legislative appropriation. These “proviso contracts” get their funding guaranteed in the state budget, with specific language directing an agency to contract with a particular entity.
Think of it this way: instead of competing for an agency contract, you’re securing your opportunity directly through the Legislature. The agency has little choice in the matter—if the proviso survives the budget process, they must execute the contract as directed.
The Process: Not As Simple As It Seems
Now, you might be thinking this sounds like an easier path than competing in a procurement. In some ways, it is—you don’t have to worry about technical evaluations or bid protests. But securing a proviso contract requires navigating something potentially more challenging: the political process.
Success typically requires:
- Building relationships with key legislators
- Demonstrating clear public benefit
- Securing support in both chambers
- Surviving budget negotiations
- Avoiding the Governor’s veto pen
The Governor’s Veto: A Real Risk
Here’s something crucial that many companies learn the hard way: even if you successfully navigate the legislative process, the Governor can still veto your proviso. I’ve seen this happen numerous times, particularly when projects appear to be local “handouts” rather than serving a broader state purpose.
The Governor’s office scrutinizes proviso contracts carefully. They look for:
- Clear statewide benefit
- Reasonable pricing
- Transparent purpose
- Professional execution
- Proper accountability
Strategic Considerations
If you’re considering pursuing a proviso contract, here’s what I’ve learned from watching successful efforts:
First, focus on genuine public value. The days of easy local project funding are largely gone. Your proposal needs to demonstrate real benefit to Florida citizens, preferably on a statewide scale.
Second, build broad support. Don’t rely on a single legislative champion. The more legislators who understand and support your project, the better your chances of survival through the budget process.
Third, be prepared for scrutiny. Assume your proposal will face tough questions about its purpose, pricing, and public benefit. Having clear, honest answers ready is crucial.
Practical Tips for Success
Want to improve your chances of securing and keeping a proviso contract? Here’s what I’ve seen work:
Start early. The budget process begins months before the legislative session. Building support takes time, and late entries face steep odds.
Document everything. Maintain clear records of your project’s purpose, benefits, and costs. This helps both in securing legislative support and surviving executive review.
Stay engaged. The budget process is dynamic. What looks secure in committee can disappear in late-night negotiations. Maintaining awareness and advocacy throughout the process is crucial.
Looking Forward
Proviso contracts remain a viable path for certain projects, particularly those serving clear public purposes that might not fit traditional procurement models. However, they’re not an easy shortcut around procurement requirements.
Success requires understanding both the political process and public policy considerations. Companies pursuing this path should be prepared for significant engagement with the legislative process and careful scrutiny of their proposals.
For those considering this route, start by building relationships with your local legislative delegation and developing a clear story about your project’s public benefit. Remember, the strongest proposals serve genuine public needs rather than purely local interests.
For strategic counsel on government contracting matters, including proviso contracts and legislative considerations, contact Gellis Law, PLLC.
