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Federal Source Selection

Federal Source Selection. Selecting the Winning Contractor Basics of Federal Source Selection January 19, 2010. James E. Krause, Attorney 219 N. Newnan Street Fourth Floor, Jacksonville, Florida 32202 Dial 904.353.5533 Email jimkrause@krauselaw.net. Overview - Public Contracts.

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Federal Source Selection

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  1. Federal Source Selection Selecting the Winning Contractor Basics of Federal Source Selection January 19, 2010 James E. Krause, Attorney 219 N. Newnan Street Fourth Floor, Jacksonville, Florida 32202 Dial 904.353.5533 Email jimkrause@krauselaw.net

  2. Overview - Public Contracts • Public contracts derive from statutes, regulations, ordinances, etc. • It is common for Public sector contracts to require competitive procurement. • Contracting officers for Public Agencies have limited authority, and cannot commit the Agency or Government beyond their authority. • Public contracts are standardized – there is little room for bargaining.

  3. Overview – Public Owners • Public Owners were not typically allowed to use negotiated or sole source contract acquisition. • Public Owners were looking for a method to increase flexibility in their acquisition. • “Best Value” procurement is the new tool for Public Agencies. (Also referred to as “Best Interest” in Florida)

  4. Overview - Owners • Public (Government) contracts differ from nonpublic contracts in that private sector contracts have few constraints, while public sector contracts involve extensive regulations imposed by the government.

  5. Public Owners • Authority • Contracting officials have limited authority • Contractor must be aware of that authority or risk not getting paid for services and materials provided outside that authority • Contractor is responsible for determining contracting officers authority. • Sovereign Immunity

  6. Project Acquisition • SOURCE SELECTION • HOW THE OWNER CHOOSES THE ENGINEER/CONTRACTOR • Vs. • PROJECT DELIVERY SYSTEM • HOW THE OWNER CONTRACTS WITH THE ENGINEER/CONTRACTOR

  7. Project Acquisition • Invitation for Bid (IFB, ITB) Low, Sealed Bid on a particular project • Request for Proposals (RFP) Selection based on solutions presented by the Proposer regarding a particular project • Request for Qualifications (RFQ) (QBS) Selection by Engineer/Contractor general capabilities rather than performance on a particular project • Sole Source Selection Selection of contractor for project without competitive negotiations • Reverse Auctions • Best Value Source Selection

  8. Low (Sealed) Competitive Bid(IFB or ITB) • Plans and Specifications produced by Owner and submitted to industry. • Industry estimates costs and submits bid to Owner. • Owner determines winner based on low bid and responsiveness. • Characterized by the Invitation for Bid (IFB or ITB)

  9. Low (Sealed) Competitive Bid(IFB or ITB) • The Good • Straightforward, easily understood process. The Industry standard for many years. • The Bad • Takes a long time for the Owner to prepare plans and specifications. • Many Owners don’t want to produce plans and specifications. • Encourages antagonistic relationships between the Contractor, Owner, and Designer when there are conflicts or errors in the plans and specifications.

  10. Want to see more? Contact the Law Office of Jim Krause today to request the complete 59 slide presentation. James E. Krause, Attorney 219 N. Newnan Street, Fourth Floor Jacksonville, Florida 32202 Telephone 904.353.5533 Cell 904.553.0336 Email jimkrause@krauselaw.net

  11. Disclaimer All rights are reserved.  These materials are designed to provide general information on the seminar topic presented, and are provided with the understanding that the publisher is not engaged in rendering any legal or professional services.  Although these materials are prepared by professionals, they should not be used as a substitute for professional services.  If legal or other professional advice is required, the services of a professional should be sought.

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