• April 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

Why Winning Florida State Term Contracts Could Be Your Business’s Golden Ticket

Have you ever wondered how some companies seem to have a direct pipeline to government business in Florida while others struggle to get their foot in the door? The secret might be something called a “state term contract” – arguably the most powerful business opportunity in Florida’s government marketplace that too many companies overlook.

What Exactly Is a State Term Contract?

Think of a state term contract as an exclusive club membership that grants you special access to government customers. Once you’re in this club, you don’t just have the opportunity to sell to state agencies – they’re required to buy from you if they need what you offer.

Section 287.056 of Florida Statutes establishes this powerful procurement mechanism with a simple but profound mandate: state agencies “shall” purchase from established state term contracts. That little word “shall” is government-speak for “must” – it’s not optional.

The Two Magic Words: “Shall” and “May”

Understanding the power of state term contracts comes down to two key words in the statute:

  1. “SHALL” – State agencies must purchase from these contracts
  2. “MAY” – Eligible users (cities, counties, municipalities, special districts) can purchase from these contracts

Let’s break down why each of these words creates incredible business opportunities.

The Power of “SHALL”: Your Built-In Monopoly

When you secure a spot on a state term contract, you essentially gain a monopoly for your product or service category with state agencies. This isn’t an exaggeration – it’s written into law.

Imagine not having to compete for each individual sale. No more submitting detailed proposals for every opportunity. No more undercutting on price to win business. Once you’re on the contract, agencies must come to you if they need what you provide.

This creates remarkable business stability and predictability. You can forecast revenue with greater confidence, knowing you have secured access to a massive customer base. The Florida state government spends billions annually, and with a state term contract, you’re guaranteed a seat at the table.

The Power of “MAY”: Your Extended Reach

While the “shall” provision is powerful, the “may” aspect might be even more valuable in the long run. The statute allows “eligible users” to purchase from these contracts as well.

Who are these eligible users? They include:

  • Cities and municipalities
  • Counties
  • School districts
  • Special districts
  • Public universities and colleges
  • And many other governmental entities

This provision effectively unlocks hundreds of additional customers who can purchase directly from you without going through their own competitive procurement process. For them, buying from a state term contract is a way to save time and administrative costs while still ensuring they’re getting pre-vetted, competitively priced products and services.

Think about it – a small city government might not have the resources to run a full RFP process for every purchase. The state term contract gives them a pre-approved shortcut.

The Gatekeeper: Department of Management Services (DMS)

Here’s something crucial that many businesses don’t realize: The Department of Management Services (DMS) is the only state agency authorized to establish state term contracts in Florida. This centralized approach means you need to focus your attention in one place.

When you’re looking for state term contract opportunities, remember this golden rule: they will ALWAYS be posted by DMS and no other agency. If you see what appears to be a state term contract solicitation from another agency, it’s not an official state term contract as defined by Florida Statutes.

This centralization serves several important purposes:

  1. Standardization: DMS ensures all state term contracts meet consistent requirements and quality standards.
  2. Leverage: By consolidating purchasing power across all state agencies, DMS can negotiate better terms and pricing than individual agencies could secure on their own.
  3. Efficiency: The centralized process reduces duplication of effort and ensures a streamlined procurement approach.
  4. Oversight: Having a single agency responsible for these contracts ensures proper controls and accountability.

So while you might do business with dozens of different state agencies through a state term contract, your entry point will always be through DMS. This is why savvy government contractors develop strong relationships with DMS procurement officials and closely monitor their solicitation announcements.

Why Most Businesses Miss This Opportunity

Despite these incredible advantages, many businesses never bid on state term contracts. Why?

  1. They don’t understand the opportunity. The language around government contracting can be dense and intimidating.
  2. They’re intimidated by the process. State term contract solicitations can seem complex.
  3. They focus on individual bids instead. Many businesses chase individual agency opportunities rather than securing the umbrella contract that would give them access to all agencies.
  4. They don’t think they qualify. Many assume these contracts are only for large corporations.
  5. They don’t know where to look. Some businesses waste time searching multiple agency websites when they should be focusing exclusively on DMS.

How to Position Your Business for Success

If you’re convinced that a state term contract could transform your business (and it absolutely could), here’s how to position yourself for success:

1. Focus Exclusively on DMS for Opportunities

Since DMS is the only agency authorized to establish state term contracts, make monitoring their procurement website a priority. Set up alerts specifically for their solicitations. Remember: no other agency can offer you the same statewide access that comes with an official state term contract.

2. Understand the Unique Structure of DMS Solicitations

DMS state term contract solicitations often have a different structure than typical agency-specific bids:

  • They typically establish longer-term relationships (often 3-5 years)
  • They may use a pre-qualification process followed by a more detailed bid
  • They frequently allow for multiple awardees rather than selecting a single vendor
  • They often include more extensive requirements for geographical coverage and capacity

3. Invest in a Quality Response

Given the high stakes and long-term value of these contracts, it’s worth investing significant resources in preparing your bid. Consider bringing in expert help if you don’t have in-house experience with government contracting.

4. Focus on Scalability

Agencies will expect you to be able to serve customers statewide. Make sure your bid demonstrates your ability to scale and serve the entire state effectively.

5. Prepare for Success

If you win a place on a state term contract, be prepared for a potential surge in business. You’ll need to be ready to deliver at the scale the contract demands.

Real-World Impact: The Numbers Tell the Story

The financial impact of winning a state term contract can be transformative. I’ve seen companies go from struggling to stay afloat to doubling or tripling their revenue within a year of winning one of these contracts.

Consider a hypothetical IT services provider:

  • Before state term contract: $2 million annual revenue, primarily from private sector clients
  • Year 1 with state term contract: $3.5 million (75% growth)
  • Year 3 with state term contract: $6 million (200% growth from baseline)

The compound effect comes from the combination of mandatory state agency purchases and the optional but convenient purchases from other governmental entities.

Strategic Considerations for Contract Duration

State term contracts typically run for multiple years, with options for renewal. This extended timeframe creates both opportunities and challenges:

Opportunities:

  • Long-term revenue stability
  • Ability to make investments based on projected contract revenue
  • Time to build relationships with agencies and eligible users
  • Opportunity to become entrenched as the preferred provider

Challenges:

  • Market pricing may change over the contract term
  • Technology evolution may impact service offerings
  • Commitment to maintain contract requirements for the full term
  • Competition will be intensely focused on the next solicitation

Smart contractors begin preparing for the next solicitation well before the current contract expires. They track performance data, gather client testimonials, and stay alert for the next DMS solicitation in their category.

Missing a State Term Contract Opportunity: The Hidden Costs

What happens if you miss the window to bid on a state term contract in your industry? The consequences can be severe:

  1. Market Lockout: You may be effectively locked out of direct sales to state agencies for years.
  2. Competitive Disadvantage: Your competitors who secured spots on the contract gain experience, relationships, and scale that you can’t match.
  3. Missed Network Effects: The connections and referrals that come from serving multiple agencies under a state term contract create momentum that’s difficult to replicate.
  4. Revenue Ceiling: Without access to the mandatory purchasing by state agencies, your government business may hit a growth ceiling.

This is why understanding the DMS solicitation cycle and being prepared when opportunities arise is so crucial. Missing a single solicitation could mean waiting 3-5 years for another chance.

The Bottom Line

State term contracts represent one of the most overlooked yet powerful business opportunities in Florida’s government marketplace. They provide guaranteed access to state agencies and potential access to hundreds of other governmental entities – all without having to compete for each individual sale.

Remember these key points:

  • State agencies MUST purchase from state term contracts
  • Other governmental entities MAY purchase from state term contracts
  • ONLY the Department of Management Services (DMS) is authorized to establish state term contracts
  • State term contract opportunities will ALWAYS come from DMS, not other agencies

The next time you see a DMS solicitation for a state term contract in your industry, don’t brush it aside. It could be the golden ticket that transforms your business and provides stable, predictable government revenue for years to come.

In Florida government contracting, getting on a state term contract isn’t just another opportunity – it’s potentially THE opportunity that could define your company’s future.

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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