Overview
With decades of experience in the public sector, Gunster provides advice on all aspects of government procurement and contracting in Florida. From our thirteen offices throughout the state, we are uniquely situated to serve the needs of clients involved in contracting with governments.
Early decisions in the contracting process are often critical in advancing business opportunities and later preventing contract disputes. Our team works with business clients to help to identify and structure the contracting entities’ business needs and to review, analyze and respond to government agency solicitations, such as IFBs, RFPs and RFQs. We participate in pre-bid and industry informational meetings, help craft meaningful provisions to allow for fair solicitations and contracting, challenge competitive solicitation methodologies and sole source designations, and challenge anti-competitive contract extensions and expansions.
We also review solicitation documents and proposed responses to offer suggestions to protect our client’s position, enhance their opportunities, and prevent disputes in the event of an eventual award. Throughout, we help our clients navigate through the highly regulated and contentious world of government contracting. We have an active government affairs practice in support of our clients’ interests, all consistent with the highest ethical standards governing our profession.
Our firm represents businesses challenging or defending procurement procedures and contract awards in bid protests. Our clients include protesters and awardees alike involved in protests relating to issues of responsiveness and responsibility, integrity and fraud. We are experienced in challenging debarments, contract suspensions, and other formal or practical impediments to a client’s opportunity to do business with government or impacting their goodwill. Our team advises on technical evaluations and cost, pricing and best value determinations. We are experienced in complex protests involving multiple parties, administrative hearings, appearances before the governing board, actions for injunctive relief, and appeals.
Regardless of the industry or contract value and scope, our firm remains dedicated to bringing veteran skills and unique sensitivities to government agency contract negotiations and awards. Whether our client is a Fortune 500 company or a small, minority-owned business, our attorneys seek to deliver the best possible advice when structuring and negotiating transactions that balance client rights with compelling governmental interests.
We have served as lead counsel in the negotiation of major public contracts for the construction and improvement of airport and seaport terminals, sports venues, and water and sewer, healthcare, waste disposal, environmental and transportation facilities. We are experienced in the negotiation, drafting, execution and award of major development contracts including design, design-build, build, finance and operate and public-private partnership transactions.
Our team includes members with extensive experience as public servants, with a keen understanding of the difficulties of balancing business interests with the regulatory environment of public contracts. We are dedicated to offering unique insight into the decision-making processes of our government, its constraints, and how best to advance matters to a successful conclusion. We are sensitive to and have hands-on experience in the implementation of programs that promote the opportunities of small and disadvantaged businesses, as well as other important governmental objectives, such as affordable and workplace housing, art in public places, and environmentally sensitive construction; many of our lawyers have participated in the creation and defense of those programs while in the service of our government.
There are times when litigation cannot be avoided in the pursuit of vindication and defense. On such occasions, our litigators strive to serve as formidable advocates in litigation and, if necessary, at trial. Our team represents clients in complex disputes and litigation involving local, state and federal agencies and before state and federal boards of contract appeals, the Court of Federal Claims, the Government Accountability Office, federal district courts, and the Courts of Appeals, to name only a few. Our firm also represents prime subcontractors in disputes in state and federal courts and in mediation and other forms of ADR, as well as before state and local agencies and involving administrative and state court proceedings.
Firsthand experience working inside government, longevity, relationships, perspective and access are everything when doing business with Florida leadership. Our collective team’s experience working directly in government and in particular, procurement, help us to offer insight into agency decision-making. Members of our Government Procurement team served as:
- Florida’s 34th United States Senator in the 111th Congress who served on the Commerce, Science and Transportation Committee
- An elected Florida State Senator and ranking member of the Florida Senate from Miami-Dade County, Chairman of the Senate Judiciary Committee, and key member of the Senate Transportation and Economic Development Appropriations sub-committee
- A member and Chairman of the Miami-Dade Board of County Commissioners involved in the creation of the Office of Inspector General, the Miami-Dade County Expressway Authority (MDX), the Downtown Dadeland Charrette, Downtown Dadeland Zoning Ordinance, and the Community Zoning Appeals Boards
- A member of the Miami-Dade County Expressway Authority (MDX)
- The Chief of the Commercial and Construction Litigation Section of the Miami-Dade County Attorney’s Office, who served as legal advisor to the Board of County Commissioners, Mayor, and staff on procurement and contract matters for over thirty years
