Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-110 - BID PROTESTS › Section 28-110.005 - Bond

Current through Reg. 50, No. 138; July 16, 2024
(1) Bid protest bonds are required by Section
				  287.042(2)(c), F.S., for procurements under Chapter 287, F.S. (commodities,
				contractual services, professional services and insurance) and by Section
				  255.25(3)(c), F.S., for procurements of leases of space in privately owned
				buildings. Bonds are not required for protests involving building construction
				projects undertaken pursuant to Chapter 255, F.S., except that Section
				  255.0516, F.S., authorizes school boards, community college boards of trustees
				and a state university board of trustees to require bonds under some
				circumstances. Bonds are also required by Section   337.11(5)(a), F.S., for
				certain procurements by the Department of Transportation.
(2) Bonds required by Section   337.11(5)(a),
				F.S., must be filed with the notice of protest. Other bonds are not to be filed
				with the notice of protest, but must be filed with the formal written protest
				or within the 10-day period allowed for filing the formal written protest. The
				bond must accompany a protest filed pursuant to Section   24.109(2)(a), F.S. A
				bond can be in substantially the following form:
STATE OF FLORIDA ADMINISTRATION COMMISSION PROCUREMENT
				  PROTEST BOND
Bond Number: _________
Contract Number: _________
KNOW ALL PERSONS BY THESE PRESENTS:
That we, _________ a (mark one) [ ] corporation, [ ]
				  partnership, [ ] proprietorship, organized and existing under the laws of the
				  State of _________, and having its principal place of business at _________, as
				  PRINCIPAL; and _________, a surety company, organized under the laws of the
				  State of _________, and duly authorized to do business in the State of Florida,
				  whose principal place of business is _________, as SURETY, are held and firmly
				  bound unto the STATE OF FLORIDA, (Agency), as OBLIGEE, in the amount of
				  $_________ for the payment of which sum we, as Principal and Surety, bind
				  ourselves, our heirs, personal representatives, successors and assigns, jointly
				  and severally.
THIS BOND is issued under the provisions of _________ Florida
				  Statutes. The above-named Principal has initiated an administrative protest
				  regarding the Obligee's decision or intended decision pertaining to (mark one)
				  [ ] Bid Number _________ [ ] an agency's request for approval of an exceptional
				  purchase of _________ submitted by _________. Said protest is conditioned upon
				  the posting of a bond at the time of filing the formal written protest.
NOW, THEREFORE, the condition of this Bond is that if the
				  Principal, after the administrative hearing process and/or any appellate court
				  proceedings regarding the protest, shall satisfy all costs and charges allowed
				  by final order and/or judgment, and interest thereon, in the event the Obligee
				  prevails, then the obligation shall be null and void; otherwise it shall remain
				  in full force and effect.
The Obligee may bring an action in a court of competent
				  jurisdiction on this bond for the amount of such liability, including all costs
				  and attorneys' fees.
PRINCIPAL: ____________________________
BY: ____________________________
Title: ____________________________ (CORPORATE SEAL)
ATTEST:____________________________
____________________________
SURETY: ____________________________
BY: ____________________________
Title: ____________________________ (CORPORATE SEAL)
Florida Resident Agent: ____________________________
(Note: Power of Attorney showing authority of Surety's agent
				  or Attorney in Fact must be attached).
Bonds must be countersigned by an agent licensed in Florida.
				  Section   287.042(2)(c), F.S., authorizes a cashier's check or money order in
				  lieu of a bond, for procurements governed by Chapter 287, F.S.
(3) When a bond is required, a notice of
				decision or intended decision shall contain this statement: "Failure to file a
				protest within the time prescribed in Section   120.57(3), F.S., or failure to
				post the bond or other security required by law within the time allowed for
				filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S."
				If the notice advises of the bond requirement but a bond or statutorily
				authorized alternate is not posted when required, the agency shall summarily
				dismiss the petition.
(4) If, at
				the conclusion of the proceeding and any appellate proceedings, the petitioner
				prevails, the agency shall return the bond, cashier's check or money order to
				the petitioner. If the agency prevails but the petitioner is not ordered to pay
				costs, the agency shall return the bond or alternate security to the
				petitioner. If the petitioner is ordered to pay costs, the agency shall return
				the bond or alternate security as provided by Section   255.25(3)(c),
				  287.042(2)(c)   or   337.11(5)(b), F.S. The entire bond may be forfeited if
				circumstances warrant under Section   337.11(5)(a), F.S.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					  120.54(5)  FS.
New 4-1-97, Joint Administrative Procedures Committee
					 Objection Filed - See FAW Vol. 24, No. 20, May 15, 1998, Amended 1-15-07, Joint
					 Administrative Procedures Committee objection resolved by Chapter 2006-82, Laws
					 of Florida, Florida Administrative Weekly Vol. 35, No. 27, July 10,
					 2009.