Solicitation Process/
Public Records Request

Solicitation Processes and Public Records Requirements

Welcome to the Procurement Department’s web page describing our solicitation processes and public records requirements as they relate to those processes.

The purpose of this page is to provide basic information about how the Authority solicits proposals for the goods and services that it needs and how those solicitations are affected by the laws governing public records and their availability. This page is not intended to cover all public records, only those that fall under the responsibility of the Authority to collect, maintain and provide upon request.

Let’s begin with the solicitation processes. The Authority’s Procurement Policy identifies three methods to procure goods and services. Those methods are:

A. Competitive Sealed Bids

This is the traditional low bid process that most people are familiar with and the one that is most often used by the Authority.

B. Competitive Sealed Proposals

Also known as the Request for Proposals (RFP) process, this process requires the submittal of technical proposals and price proposals (if specified in the proposal documents) from qualified companies that are reviewed and scored by the members of an evaluation committee established by the Authority.

C. Selection of Design Professional Services Consultants

The procurement of Design Professional Services is governed by Chapter 287.055, Florida Statutes, which is known as the Consultants’ Competitive Negotiation Act (CCNA). Such services are within the scope of the practice of architecture, professional engineering (including construction engineering and inspection), landscape architecture, or registered surveying and mapping. The statute states that selection for such services can be based on technical ability without consideration of price. Fees and expenses are negotiated with the selected firm and must be approved by the Board.

When a procurement in any of these processes equals or exceeds $50,000.00, the Authority’s Board must authorize the advertisement of the solicitation. In accordance with Chapter 8, Lobbying Guidelines, of the Authority’s Permanent Rules, no Authority Board member, employee or committee member may be contacted about a solicitation from the time the solicitation is advertised until the Board awards a contract. This time frame is known as the block out period.

Chapter 119.011 of the Florida Statutes defines public records as all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. There are exemptions which provide that a specified record or meeting, or portion thereof, is not subject to the access requirements. Those exemptions are spelled out below and in some situations are applicable to records or meetings that are part of one or more of the procurement processes.

Each of the processes described above generates public records as defined by the statute. Those records, by process, may include the following:

Competitive Sealed Bids:

1. All bidding documents and correspondence related to the preparation and finalization of the bidding documents are generally available at all times without exemptions.

2. Bid tabulation, bid analysis, bid review and similar documents are exempt from public records disclosure per Ch. 119.071(1)(b)2 until the Authority posts a notice of award of a contract or until 30 days after the opening of the bids, whichever occurs first.

3. If all bids are rejected and a rebid is intended, the intention will be made part of the notice of rejection. All bids received and opened will be exempt from public records disclosure per Ch. 119.071(1)(b)3, until the notice of award is posted from the rebid or 30 days after the receipt and opening of the bids from the rebid, whichever occurs first. However, no bid is exempt for more than 12 months after the initial notice of rejection is posted.

4. Under certain circumstances the Authority may convene a Bids Review and Award Committee to discuss specific aspects of a bid with the apparent low bidder. Under Ch. 286.0113(b)1, the meeting is exempt from the Sunshine Law although the meeting does have to be recorded. The recording and any records presented at the meeting are exempt from public records disclosure until the Authority provides a notice of award of a contract or until 30 days after the opening of bids, whichever occurs first.

5. After award by the Authority’s Board, the contract is prepared and sent to the successful bidder for execution. The contract and all attachments are available without exemptions.

Competitive Sealed Proposals

1. All proposal documents and correspondence related to the preparation and finalization of the proposal documents are generally available at all times without exemptions. Per Ch. 119.071(1)(b)2, all proposals submitted are exempt from public access until 30 days after opening of price proposals or a notice of award is posted whichever occurs first.

2. Technical proposals are reviewed and scored by an evaluation committee. As part of the selection process, the committee will typically have two meetings. Meetings of the committee fall under the Sunshine Law, Section 286.011, Florida Statutes, and require posting of appropriate notices. At the first meeting the committee will develop a shortlist of companies based on criteria included in the proposal submittal requirements. The shortlisted companies may be required to sit for an interview or make an oral presentation. Minutes of the committee meeting are taken and committee members’ scores for specified criteria that are used to develop the shortlist are recorded. The minutes are posted in the Bid Results section of the website after they have been approved by the committee chairman. No audio recording is made. At the second meeting the committee conducts the interviews or hears the oral presentations. The interviews and presentations are exempt from public meeting requirements but are audio recorded. The meeting of the committee after completion of the interviews or oral presentations is open to the public. Audio recordings and written minutes disclosing subject matter details are exempt until the Notice of Award is posted or 30 days after the opening of the price proposal, whichever occurs first. If a price proposal is not required as part of the selection process, recordings and minutes disclosing subject matter details are exempt until the Notice of Award is posted. Written minutes of an open meeting and portions that are closed describing activity and persons present without including content are posted in the Bid Results section of the website after approval of the minutes by the committee chairman.

3. If applicable, negotiation meetings are held with the company ranked first. The meetings are closed to the public but are audio recorded. Recordings are available for review after the notice of award is posted.

4. If all proposals are rejected and a re-advertisement of the project is intended, the intention will be made part of the notice of rejection. All proposals received and opened will be exempt until the notice of award is posted from the rebid or 30 days after the receipt and opening of the proposals from the re-advertisement, whichever is first. However, no proposal or reply is exempt for more than 12 months after the initial notice of rejection is posted.

5. After award by the Authority’s Board, the contract is prepared and sent to the successful proposer for execution. The contract and all attachments are available without exemptions.

Selection of Design Professional Services Consultants

1. All documents and correspondence related to the preparation and finalization of the request for Letters of Interest (LOI) and the technical proposal documents are generally available at all times without exemptions. All LOIs and technical proposals submitted are exempt from public access until 30 days after a notice of award is posted.

2. LOIs are reviewed and scored by an evaluation committee. Meetings of the committee fall under the Sunshine Law, Section 286.011, Florida Statutes, and require posting of Evaluation Committee meeting notices. Minutes of the committee meeting are taken and committee members’ scores are recorded for the specific criteria that are used to develop the shortlist. The minutes are posted in the Bid Results section of the website after the minutes have been approved by the committee chairman. No audio recording is made. Technical proposals from the shortlisted firms are reviewed and scored by the technical review committee. The committee also conducts the interviews or hears the oral presentations. The interviews and presentations are exempt from public meeting requirements. The meeting of the technical review committee after completion of the interviews or oral presentations is open to the public. Audio recordings and written minutes disclosing subject matter details are exempt until the Notice of Award is posted or 30 days after the technical proposals are opened, whichever occurs first. Written minutes of an open meeting and portions that are closed describing activity and persons present without including content are posted in the Bid Results section of the website after approval of the minutes by the committee chairman.

3. Prior to the deadline for submittal of the LOIs and technical proposals, meetings (or a single joint meeting) with the members of each committee will be held to go over the specifics of the project and to answer any questions the committee members may have. These meetings fall under the Sunshine Law, Section 286.011, Florida Statutes, and require posting of appropriate notices. Minutes of the meetings are taken and are posted in the Bid Results section of the website after the minutes have been
approved by the Project Manager.

4. Board authorization is required to negotiate fees and expenses with the company ranked first. Negotiation meetings are closed to the public but are audio recorded. Recordings are available for review after the notice of award is posted.

5. After award by the Authority’s Board, the contract is prepared and sent to the successful proposer for execution. The contract and all attachments are available without exemptions.

We hope this information has been helpful. If you have a question that isn’t answered in Frequently Asked Questions below, or if you require additional information about our solicitation processes or public records please contact the Procurement Department at 407-690-5000.

Link to Chapter 8, Lobbying Guidelines:
https://www.oocea.com/Portals/0/docs/Footer/Chapter8_LobbyingGuidelines.pdf

Frequently Asked Questions


Meetings with a committee member can be held after the block out period has ended which occurs when the notice of award is posted.

Upon the posting of a notice of award of a contract or 30 days after the opening of the bids, whichever occurs first. If all bids are rejected the bid tabulation will remain exempt from public disclosure until the notice of award is posted from the rebid or 30 days after the receipt and opening of the bids from the rebid, whichever occurs first.

30 days after the bids are opened or the notice of award is posted, whichever occurs first. If all bids are rejected the documents will remain exempt from public disclosure until the notice of award is posted from the rebid or 30 days after the receipt and opening of the bids from the rebid, whichever occurs first.

30 days after the technical proposals from the shortlisted firms are opened or the notice of award is posted, whichever occurs first.

Minutes of the meetings are taken and are posted in the Bid Results section of the website after the minutes have been approved by the Project Manager.

When the notice of award is posted.

No, in accordance with Florida Statute 286.0113, presentations and interviews are closed to the public; however, committee meetings after presentations and interviews are completed are open to the public. Audio recordings and written minutes disclosing subject matter details are exempt until the Notice of Award is posted or 30 days after the technical proposals are opened, whichever occurs first. Written minutes of an open meeting and portions that are closed describing activity and persons present without including content are posted in the Bid Results section of the website after approval of the minutes by the committee chairman.

The block out schedule is posted on the web site and is updated weekly. Go to: https://www.oocea.com/DoingBusinessWithUs/Procurement/DoingBusinesswiththeExpresswayAuthority.aspx

Anyone can make a request for public records. Requests can be made via e-mail, fax, telephone or hand delivery. The requested information will be provided within a reasonable period of time under normal conditions and in accordance with applicable law, unless such information is considered confidential or exempt from public records disclosure in which case you will be notified in writing. E-mail and faxed requests becomes public records and subject to disclosure.
If you want to e-mail your request, the link below will take you to the Contact Us page. When you are on the page, scroll down the Contact Us column until you get to Public Records Requests and click on the email address shown. Type in the documents you want and click the Send button. Your email will be acknowledged and you will be advised as to the availability of the documents you requested. Faxed requests should be sent to 407-690-5032. You will not be charged if the cost is less than $10.00. If the cost is more than $10.00 you will be advised as to how the cost was determined and instructed as to how payment is to be made.

Yes. Documents can be reviewed at any reasonable time, under reasonable conditions, at the Authority’s office located at 4974 ORL Tower Road, Orlando, 32807. An appointment must be scheduled prior to arrival for inspection of the requested documents. Based on the time and effort required to assemble the documents, a special service charge may apply. If so, you will be advised of the charge in advance. Payment of the special service charge must be received before the documents will be made available for viewing. Any printing cost would be in addition to the special service charge.

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Procurement

Ph: 407-690-5000
Fax: 407-690-5032
Email: Procurement@CFXway.com