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Construction Law Authority / 2012 (Page 3)

Protect Awards By Intervention in Bid Protests

As competition for public contract awards continues to intensify, consider intervention in the event that an award to your firm is protested. If an administrative protest is filed, the particular agency rules and regulations may provide for intervention. In the context of a bid protest, intervention means having the chance to directly participate in the defense of a protest and participate in the proceedings. Florida case law has held that an awardee has a significant interest in the outcome of an award challenge, and therefore, standing to participate in proceedings. By intervening, you will have the opportunity to directly influence the outcome of a protest, and may in the process, be of significant assistance to the public agency in defense of the award. Don't sit on the sidelines while other parties dispute whether your firm should receive the contract award. Bear in mind, however, that there may be strict time limitations on...

Tropical Storm Isaac – Update

Isaac is slowly moving and appears to be taking a more westward trajectory.  Per the National Hurricane Center: A Hurricane Warning is in effect for: The Florida Keys including the Dry Tortugas, The West Coast of Florida from Bonita Beach southward and Florida Bay. This means that hurricane conditions are expected in these areas and the tropical storm force winds can be expected in 36 hours. A Hurricane Watch is in effect for the Florida East Coast from Golden Beach southward. This means that hurricane conditions are possible (as opposed to expected) within the next 24-36 hours. A Tropical Storm Warning is in effect for: Inland Collier County, the Florida East Coast from Jupiter Inlet southward and Lake Okeechobee. This means that tropical storm conditions are expected in these areas within 36 hours. A tropical storm watch is in effect for the Florida East Coast north of Jupiter Inlet to Sebastian Inlet. This means that tropical storm conditions...

Hurricane Isaac Preparedness

As of 8AM this morning, the entire state of Florida is in the 5-day projected path for Tropical Storm Isaac. Isaac is predicted to become a hurricane before hitting Cuba. If you want to follow Isaac's path you can go to www.noaa.gov and do so. Although things may change it is always best to be prepared. For individuals this means securing adequate food, water and medication as well as ensuring personal safety along with the safety of loved ones and pets. For Condominium and Homeowner Associations Becker & Poliakoff has a 12-point Hurricane Preparedness Checklist to prepare for Hurricane Isaac: 1. Disaster Plan – If you have a disaster plan be ready to implement it. At a minimum, designate a responsible community member as Disaster Plan Coordinator and another as Information Facilitator to field queries and respond to from community members. These individuals should be outside the impacted areas so that they...

New State Law Requires Public Bid Openings

During the several years, there has been some controversy concerning whether bid openings should be open to the public and what information bidders should have access to. In 2011, the Florida Legislature expanded the exemptions to the Public Records Law enlarging the time for bids to be exempt from inspection and copying from ten days to thirty days from the opening of the bids, or until the time of a notice of intended award, whichever is earlier. Concerns were raised as to access to information, and whether bid openings should be open to the public. This year, the Florida Legislature enacted Section 255.0518, Florida Statutes which requires state and local agencies to open sealed bids for the construction or repairs on a public building or public work during an open meeting conducted in accordance with the Sunshine Law. The agency is further required to announce the name of each bidder and the price submitted in...