Ditchmen • NUCA of Florida Ditchmen • August 2016 | Page 27

by Anthony (Tony) Zebouni,
NUCA North Florida
There are several methods whereby
governmental entities can procure
construction services. The “usual”
construction service procurement
contemplates the issuance of an
Invitation to Bid or Request for
Proposal, unless there is some
Emergency or Proprietary necessity
for a non-competitive procurement.
Another procurement process that
has been gaining acceptance is
often referred to as “piggy-backing”.
The State has enacted legislation
that provides that before purchasing
nonacademic commodities and
contractual services, the school
board shall review the purchasing
agreements and state term
contracts (“CSC”) under Sec.
287.056 to determine if there is
an economic advantage to use
those agreements/entities. Each
Bid specification for nonacademic
commodities and contractual
services MUST include a statement
that those agreements have been
reviewed.

A CSC enjoys an obvious advantage
in the School District procurement
process and it should be helpful
to prospective bidders/proposers
to know what contracts are in play
and the prices contained therein
to avoid participating in a futile
procurement contest. The presence
of a CSC may be intimidating, but
there may be other considerations
that could result in an award to a
non-state contract bidder. The failure
of the School District to include
the required statutory statement
of review referenced above may
be the basis for a “specifications”
protest. The entire text of SB 350
can be found online. For more
information regarding the legislation
or procedures referenced herein,
please call my office.

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AUGUST 2016 • DITCHMEN

NUCA OF NORTH FLORIDA

The Law and Your Business
School District Construction Projects

27