Government Contract Bid Protest - Florida

FORMAL WRITTEN PROTEST OF CONTRACT SOLICITATION OR AWARD

Emergency Filing Gate

Complete this table before drafting. Fla. Stat. § 120.57(3)(b) creates two separate filing stages.

For a challenge to solicitation terms, conditions, specifications, ranking methods, award methods, negotiation reservations, or contract-modification provisions, the 72-hour period runs from posting of the solicitation—not from award. For another decision or intended decision, it runs from electronic posting of that decision. Saturdays, Sundays, and state holidays are excluded when computing the 72-hour period, but the statute does not apply that exclusion to the 10-day formal-protest period.

The notice and petition must be received by the designated filing office within the applicable period. Mailing does not extend either deadline. Under Fla. Admin. Code r. 28-110.004(1), a properly completed formal protest filed within the initial 72-hour period may also serve as the notice of protest.

Bond / Security Gate

Do not assume one universal bond amount or due date. Confirm the governing procurement statute and the solicitation notice before filing.

Fla. Admin. Code r. 28-110.005 identifies other procurement-specific possibilities and requires summary dismissal when the notice advises that security is required but the protester does not timely post it. Attach the executed bond, power of attorney, or authorized substitute as required.

Caption

STATE OF FLORIDA

[FULL NAME OF CONTRACTING AGENCY]

PETITIONER'S FORMAL WRITTEN PROTEST

Petitioner [________________________________] files this Formal Written Protest under Fla. Stat. § 120.57(3) and Fla. Admin. Code chs. 28-106 and 28-110, and alleges:

1. Petitioner and Representative

1. Petitioner is [entity type and state of organization], with an address at [________________________________].

2. Petitioner's substantial interests are affected because [describe the bid, proposal, reply, prospective participation, disqualification, or other direct procurement interest and the practical effect of the challenged action].

3. Petitioner's representative and address for service are:

[Name / Florida Bar number or representative status]

[Firm / address]

[Telephone / email / facsimile, if any]

2. Agency and Procurement

4. The affected agency is [full agency name], with its agency clerk or designated filing office at [________________________________].

5. The procurement is [ITB / RFP / ITN / exceptional purchase / single-source determination / other] No. [________], titled [________________________________], for [brief description].

6. The challenged decision or intended decision is [quote or precisely identify the solicitation provision, rejection, tabulation, notice of intended award, exceptional-purchase approval, or other posted action].

3. Notice, Timeliness, and Security

7. The Agency electronically posted the [solicitation / decision / intended decision] on [date] at [time]. A copy of the posting is Exhibit [__].

8. Petitioner learned of the challenged action on [date and method].

9. Petitioner's written Notice of Protest was received by [agency clerk / solicitation-designated office] on [date] at [time], within the 72-hour period required by Fla. Stat. § 120.57(3)(b). A filed copy and proof of receipt are Exhibit [__].

10. This Formal Written Protest is filed on [date], within 10 days after the Notice of Protest was filed.

11. [Choose and complete:]

☐ No protest bond or security is required because [cite controlling authority and solicitation provision].

☐ The required bond or authorized security in the amount of $[________] is filed with this Formal Written Protest. The amount and form comply with [statute / rule / solicitation provision]. The bond or security and supporting documentation are Exhibit [__].

☐ For a Florida Department of Transportation protest, the required bond was filed with the Notice of Protest on [date] under Fla. Stat. § 337.11(5)(a).

4. Disputed Issues of Material Fact

12. [Choose one:]

☐ Material facts are disputed. Petitioner requests referral to the Florida Division of Administrative Hearings (DOAH) for a formal hearing under Fla. Stat. § 120.57(1). The disputed material facts are:

a. [________________________________]

b. [________________________________]

c. [________________________________]

☐ No material facts are disputed. Petitioner requests an informal agency proceeding under Fla. Stat. § 120.57(2). The legal and policy issues are [________________________________].

5. Ultimate Facts

State the relevant events chronologically and connect each fact to the requested reversal or modification. Cite exhibits where possible.

13. On [date], the Agency [issued/amended] the Solicitation. [Describe relevant requirement or evaluation method.]

14. On [date], Petitioner [submitted a bid/proposal/reply or took another relevant action]. [Describe compliance with the Solicitation.]

15. [Describe questions, amendments, opening, evaluation, scoring, responsibility review, negotiations, rejection, tabulation, or intended award relevant to the protest.]

16. The Agency's challenged action states [quote or summarize accurately].

17. The record instead shows [specific contrary fact, document, calculation, or solicitation requirement].

18. Additional ultimate facts warranting reversal or modification are [________________________________].

6. Grounds and Applicable Law

Each ground must state the facts and law with particularity. Delete unused grounds and add procurement-specific authority.

Ground One — Departure from Solicitation Requirements

19. The Solicitation required [quote and cite section].

20. The Agency [evaluated / accepted / rejected / ranked] [identify submission] by [specific conduct].

21. That action is contrary to [Solicitation section, statute, or rule] because [explain the connection between the facts and authority].

Ground Two — Evaluation, Scoring, or Responsiveness Error

22. The Agency's [score / calculation / responsiveness finding / responsibility finding] is erroneous because [specific facts and record support].

23. The correct application of [criterion / formula / mandatory requirement] produces [result].

24. The proposed action therefore violates [specific authority].

Ground Three — Unequal or Contrary-to-Competition Treatment

25. The Agency treated materially comparable submissions differently by [specific facts] or used an unstated consideration by [specific facts].

26. That conduct was contrary to competition or otherwise unlawful under [specific statute, rule, policy, or solicitation provision] because [analysis].

Ground Four — Other Procurement-Specific Error

27. [Identify the precise error, including an improper solicitation restriction, exceptional-purchase determination, rejection, negotiation, conflict, or failure to follow a governing procedure.]

28. The supporting facts are [________________________________].

29. The controlling law is [________________________________], which applies because [________________________________].

7. Burden and Decision Standard

30. Unless another statute provides otherwise, Petitioner bears the burden of proof. For a competitive-procurement protest other than rejection of all submissions, Fla. Stat. § 120.57(3)(f) asks whether the proposed agency action is clearly erroneous, contrary to competition, arbitrary, or capricious when measured against governing statutes, agency rules or policies, and the solicitation specifications.

31. [If applicable:] For an intended rejection of all bids, proposals, or replies, the statutory standard is whether the intended action is illegal, arbitrary, dishonest, or fraudulent.

32. The challenged action fails the applicable standard because [apply the facts and law to each required element without relying on a federal “substantial chance” test].

8. Statutory Stop of Solicitation or Award

33. The Agency received this timely Formal Written Protest. Fla. Stat. § 120.57(3)(c) therefore requires the Agency to stop the solicitation or contract-award process until final agency action unless the agency head makes the statute's written findings concerning an immediate and serious danger to public health, safety, or welfare.

34. Petitioner requests written confirmation that the process has stopped and that no contract will be awarded or executed while the protest is pending.

35. [If an override was issued:] The agency head issued written findings on [date]. Petitioner preserves all objections to those findings and states [specific objections and requested relief].

9. Relief Requested

Petitioner requests that the Agency:

1. Confirm the statutory stop of the solicitation or contract-award process;
2. Refer disputed issues of material fact to DOAH, or conduct the required informal proceeding if no material fact is disputed;
3. Set aside the challenged decision or intended decision;
4. [Remove or amend unlawful solicitation language / find a submission nonresponsive / correct scoring / conduct a lawful reevaluation / issue a new intended decision / reject all submissions and resolicit, as supported by the governing law and record];
5. Return Petitioner's bond or other security and award only those costs or charges expressly recoverable under the controlling statute; and
6. Grant other lawful relief necessary to correct the identified procurement error.

Respectfully submitted on [date].

Signature: ______________________________

[Attorney or Qualified Representative Name]

[Florida Bar No., if applicable]

[Address / telephone / email]

Representative for [Petitioner]

Certificate of Service

I certify that on [date], a true copy of this Formal Written Protest and its exhibits was served by [method] on:

• [Agency clerk or solicitation-designated filing office]
• [Agency counsel / procurement officer, if required]
• [Other parties or recipients required by agency rule or order]

Signature: ______________________________

Exhibit Checklist

☐ Solicitation and relevant amendments

☐ Electronic posting of challenged decision or intended decision

☐ Notice of Protest and proof of agency receipt

☐ Protest bond, authorized substitute, power of attorney, and proof of receipt

☐ Petitioner's bid, proposal, or reply excerpts necessary for the grounds raised

☐ Bid tabulation, evaluation, scoring, rejection, or intended-award material

☐ Declarations or other evidence supporting disputed facts

☐ Agency-head written continuation findings, if any

☐ Other procurement-specific documents: [________________________________]

Post-Filing Roadmap

Under Fla. Stat. § 120.57(3)(d), the Agency must provide a 7-day opportunity for mutual resolution, excluding Saturdays, Sundays, and state holidays. If the matter is not resolved, disputed material facts require referral to DOAH; no disputed material facts require an informal agency proceeding. DOAH proceedings are expedited under § 120.57(3)(e). Track every agency notice, referral, scheduling order, exception deadline, final order, and any separate judicial-review deadline.

Official Sources

• Fla. Stat. § 120.57: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0120/Sections/0120.57.html
• Fla. Stat. § 120.54: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0120/Sections/0120.54.html
• Fla. Admin. Code ch. 28-110: https://flrules.org/gateway/ChapterHome.asp?Chapter=28-110
• Fla. Admin. Code r. 28-106.201: https://flrules.org/gateway/RuleNo.asp?ID=28-106.201
• Fla. Stat. § 287.042: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/Sections/0287.042.html
• Fla. Stat. § 255.25: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0255/Sections/0255.25.html
• Fla. Stat. § 337.11: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0337/Sections/0337.11.html
• Fla. Stat. § 255.0516: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0255/Sections/0255.0516.html