• April 10, 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

When AI Meets Procurement: The Looming Crisis We Need to Address Now

Remember those lawyers who got caught submitting court filings peppered with AI-hallucinated case citations? That New York case where attorneys were fined $5,000 for submitting fictional judicial opinions isn’t just a cautionary tale for the legal profession—it’s a preview of what’s already happening in government procurement.

The AI Proposal Revolution Nobody’s Talking About

Right now, across Florida and beyond, vendors are quietly leveraging AI to craft their proposals. Let’s be honest—if ChatGPT can write a decent legal brief (minus the fake citations), it can certainly generate compelling procurement responses that check all the right boxes on an evaluation matrix.

Think about it: when was the last time you read a technical proposal that sounded genuinely human? Those perfectly formatted responses with just the right keywords, impeccable syntax, and suspiciously consistent writing style might not be coming from your competitors’ proposal teams anymore.

A recent survey by McKinsey suggests that 75% of businesses are already exploring AI for document generation. In the high-stakes, deadline-driven world of government contracting, that number is likely even higher, though few vendors will openly admit it.

And why wouldn’t vendors use AI? Proposals are time-consuming, expensive, and often require specialized writing skills that small businesses lack. AI tools promise to slash proposal development costs by up to 80% while producing polished responses that hit all the right evaluation criteria. For small businesses especially, AI offers a way to compete with larger firms that have dedicated proposal departments and extensive past performance libraries.

When AI Evaluates AI: The Perfect Storm

Here’s where things get concerning. As vendors increasingly use AI to generate proposals, government agencies are simultaneously exploring AI-powered evaluation tools to manage their procurement workloads. Several states, including Florida, have pilot programs underway to use machine learning for initial proposal screening.

Picture this scenario: AI-generated vendor claims being assessed by AI review systems. It’s like asking one chatbot to fact-check another—a digital echo chamber with real taxpayer dollars at stake.

The lawyers who submitted AI-fabricated cases faced rapid detection because judges and opposing counsel immediately recognized the non-existent citations. But in procurement evaluations, who’s checking whether a vendor’s AI exaggerated their qualifications, invented project experience that never happened, or fabricated performance metrics that sound impressive but have no basis in reality?

The Florida Fallout We’re Not Prepared For

What happens when:

  • A winning vendor’s AI embellishes their past performance metrics, claiming 98% on-time delivery when their actual rate is 75%?
  • An evaluation algorithm fails to detect made-up staff credentials because they’re formatted perfectly and include plausible but unverifiable professional experiences?
  • A construction firm’s AI invents safety statistics that influence an award, only for the agency to discover later that the firm has multiple OSHA violations?
  • Technical specifications generated by AI include subtle incompatibilities that don’t become apparent until implementation is underway and millions have been spent?

Unlike court cases where fake citations get caught before judgment, procurement mistakes often remain undiscovered until implementation begins—when money has been spent, expectations have been set, and it’s already too late to prevent damage. The taxpayer is left holding the bag while agencies and vendors point fingers at their respective AI tools.

A Procurement Professional’s Nightmare

Imagine you’re a procurement director who just awarded a $20 million contract based partly on impressive past performance metrics. Six months into implementation, you discover those metrics were AI-fabricated exaggerations that slipped through your evaluation process. The project is failing, the media is asking questions, and your agency is facing potential litigation.

Who’s responsible? The vendor who used AI without proper oversight? The procurement officer who didn’t verify claims? The AI developers who created systems that generate convincing but false information? The government executives who pushed for faster procurements without adequate safeguards?

This nightmare scenario isn’t hypothetical—it’s the inevitable result of our current trajectory unless we implement meaningful guardrails.

The Solution We Need Now

Before this scenario becomes common, Florida’s procurement community needs to take proactive steps:

  1. Mandatory AI Disclosure: Vendors should be required to disclose when and how AI was used in their proposals, including specific sections, tools used, and verification processes applied.
  2. Verification Protocols: Agencies need enhanced verification processes specifically designed to catch AI-generated inaccuracies, including random deep-dive verification of critical claims and statistical analysis to flag suspiciously perfect metrics.
  3. Clear Accountability Framework: Regulations must establish who bears responsibility when AI-generated content proves false, with penalties severe enough to discourage misrepresentation.
  4. AI Literacy Training: Procurement professionals need training to recognize potential AI fabrications, understand AI limitations, and develop effective countermeasures against AI-enhanced misrepresentation.
  5. Technical Certification: Critical technical components of proposals could require certification by licensed professionals who put their credentials on the line attesting to the accuracy of information.

The legal profession is already developing guidelines around AI use in court filings. Procurement must follow suit before we face our own version of lawyers being sanctioned for AI-fabricated content—but with much higher financial stakes.

The Opportunity Within the Challenge

This isn’t about banning AI in procurement—that ship has sailed. It’s about creating a framework where AI enhances rather than undermines the integrity of our procurement systems.

Used responsibly, AI could actually improve procurement transparency by standardizing proposal formats, objectively evaluating routine criteria, and freeing human evaluators to focus on substantive analysis instead of drowning in paperwork.

But this positive future only happens if we act now to establish guardrails before AI-generated procurement disasters force hasty, reactive regulations that could stifle innovation while failing to address the core risks.

What’s your experience? Are you seeing AI-generated proposals in your procurement processes? Have you established policies for AI use in your agency? The conversation needs to start now—before we find ourselves explaining to taxpayers why we didn’t see this coming.

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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