Folks,

With the permission of the Chair, I am soliciting comments from CLC
members to the attached proposed amendment before responding to Section
leadership on this proposal.  The attached amendment would make
mandatory the announcement of each bidder's name and the price submitted
at all bid openings conducted by the state, any county and any
municipality in a competitive bid solicitation.  It would also require
that, after the bid opening, the names and prices be made available upon
request.

Please provide your comments today.

Thanks,
Reese

Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
-----Original Message-----

From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, February 07, 2012 6:08 PM
To: Reese J. Henderson, Jr.
Subject: FW: Public Bid Opening - Amd - 02-03-12

Reese, please see the email below and the attached and let me know if
the CLC is okay with this amendment.  Rob

-----Original Message-----
From: Peter M. Dunbar [mailto:pete@penningtonlaw.com]
Sent: Tuesday, February 07, 2012 5:01 PM
To: Freedman, Robert S.
Cc: 'Barry Spivey'
Subject: FW: Public Bid Opening - Amd - 02-03-12

Rob,
This has surfaced this afternoon as a possible amendment to the
construction lien bill.  It appears to be a new issue.  Can you find out
if we have any problems with it.

-----Original Message-----
From: NEVINS.AARON.S25 [mailto:NEVINS.AARON.S25@flsenate.gov]
Sent: Tuesday, February 07, 2012 4:29 PM
To: Peter M. Dunbar
Subject: FW: Public Bid Opening - Amd - 02-03-12

-----Original Message-----
From: R. Bruce Kershner [mailto:rbkershner@att.net]
Sent: Tuesday, February 07, 2012 4:26 PM
To: NEVINS.AARON.S25
Subject: Public Bid Opening - Amd - 02-03-12

Aaron

Here is the electronic version on the amendment to SB 1202 that I
dropped off earlier.

I approve.  If anyone would like the bid opening procedures I use for public comments, please email me individually, and I will provide a copy.
Tom

Thomas M Dillon PA
Board Certified in Construction Law
PO Box 370736
Key Largo, Florida 33037
Phone: 305-240-1767
Fax: 305-723-6333

-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Wednesday, February 08, 2012 11:02 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: Public Bid Opening - Amd - 02-03-12

Folks,

With the permission of the Chair, I am soliciting comments from CLC members to the attached proposed amendment before responding to Section leadership on this proposal.  The attached amendment would make mandatory the announcement of each bidder's name and the price submitted at all bid openings conducted by the state, any county and any municipality in a competitive bid solicitation.  It would also require that, after the bid opening, the names and prices be made available upon request.

Please provide your comments today.

Thanks,
Reese

Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
-----Original Message-----

From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, February 07, 2012 6:08 PM
To: Reese J. Henderson, Jr.
Subject: FW: Public Bid Opening - Amd - 02-03-12

Reese, please see the email below and the attached and let me know if the CLC is okay with this amendment.  Rob

-----Original Message-----
From: Peter M. Dunbar [mailto:pete@penningtonlaw.com]
Sent: Tuesday, February 07, 2012 5:01 PM
To: Freedman, Robert S.
Cc: 'Barry Spivey'
Subject: FW: Public Bid Opening - Amd - 02-03-12

Rob,
This has surfaced this afternoon as a possible amendment to the construction lien bill.  It appears to be a new issue.  Can you find out if we have any problems with it.

-----Original Message-----
From: NEVINS.AARON.S25 [mailto:NEVINS.AARON.S25@flsenate.gov]
Sent: Tuesday, February 07, 2012 4:29 PM
To: Peter M. Dunbar
Subject: FW: Public Bid Opening - Amd - 02-03-12

-----Original Message-----
From: R. Bruce Kershner [mailto:rbkershner@att.net]
Sent: Tuesday, February 07, 2012 4:26 PM
To: NEVINS.AARON.S25
Subject: Public Bid Opening - Amd - 02-03-12

Aaron

Here is the electronic version on the amendment to SB 1202 that I dropped off earlier.

I like it.  With the time deadlines on bid protests this will eliminate the hurdle of finding out who is on first.  By keeping that info under wraps pursuant to the public records exemption, public entities are conducting procurement in the back room.

Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL  33323
Phone:  954-514-0984
Fax:      954-514-0985

e-mail:  leiby@mkpalaw.com

Board Certified in Construction Law
Fla. S. Ct. Certified Circuit Court Civil Mediator
Fellow, College of Commercial Arbitrators

-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Wednesday, February 08, 2012 11:02 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: Public Bid Opening - Amd - 02-03-12

Folks,

With the permission of the Chair, I am soliciting comments from CLC members to the attached proposed amendment before responding to Section leadership on this proposal.  The attached amendment would make mandatory the announcement of each bidder's name and the price submitted at all bid openings conducted by the state, any county and any municipality in a competitive bid solicitation.  It would also require that, after the bid opening, the names and prices be made available upon request.

Please provide your comments today.

Thanks,
Reese

Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
-----Original Message-----

From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, February 07, 2012 6:08 PM
To: Reese J. Henderson, Jr.
Subject: FW: Public Bid Opening - Amd - 02-03-12

Reese, please see the email below and the attached and let me know if the CLC is okay with this amendment.  Rob

-----Original Message-----
From: Peter M. Dunbar [mailto:pete@penningtonlaw.com]
Sent: Tuesday, February 07, 2012 5:01 PM
To: Freedman, Robert S.
Cc: 'Barry Spivey'
Subject: FW: Public Bid Opening - Amd - 02-03-12

Rob,
This has surfaced this afternoon as a possible amendment to the construction lien bill.  It appears to be a new issue.  Can you find out if we have any problems with it.

-----Original Message-----
From: NEVINS.AARON.S25 [mailto:NEVINS.AARON.S25@flsenate.gov]
Sent: Tuesday, February 07, 2012 4:29 PM
To: Peter M. Dunbar
Subject: FW: Public Bid Opening - Amd - 02-03-12

-----Original Message-----
From: R. Bruce Kershner [mailto:rbkershner@att.net]
Sent: Tuesday, February 07, 2012 4:26 PM
To: NEVINS.AARON.S25
Subject: Public Bid Opening - Amd - 02-03-12

Aaron

Here is the electronic version on the amendment to SB 1202 that I dropped off earlier.

I agree with Larry.  Waiting for the posting of the bids for a clock to start running on a protest makes the process too controlled by the authority.  I have seen postings that have been significantly delayed so the authority could set the stage to disqualify an otherwise responsive bidder.

David B Mankuta, Esq.
Board Certified in Construction Law                                                                                                                                                                   
dbm@atkinson-diner.com
www.atkinson-diner.com
Atkinson, Diner, Stone, Mankuta & Ploucha, P.A.
One Financial Plaza, Suite 1400
100 S.E. 3rd Avenue
Ft. Lauderdale, FL  33394
Tel:  (954) 925-5501
Fax:  (954) 920-2711

-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Wednesday, February 08, 2012 11:26 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Public Bid Opening - Amd - 02-03-12

I like it.  With the time deadlines on bid protests this will eliminate the hurdle of finding out who is on first.  By keeping that info under wraps pursuant to the public records exemption, public entities are conducting procurement in the back room.

Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL  33323
Phone:  954-514-0984
Fax:      954-514-0985

e-mail:  leiby@mkpalaw.com

Board Certified in Construction Law
Fla. S. Ct. Certified Circuit Court Civil Mediator Fellow, College of Commercial Arbitrators

-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Wednesday, February 08, 2012 11:02 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: Public Bid Opening - Amd - 02-03-12

Folks,

With the permission of the Chair, I am soliciting comments from CLC members to the attached proposed amendment before responding to Section leadership on this proposal.  The attached amendment would make mandatory the announcement of each bidder's name and the price submitted at all bid openings conducted by the state, any county and any municipality in a competitive bid solicitation.  It would also require that, after the bid opening, the names and prices be made available upon request.

Please provide your comments today.

Thanks,
Reese

Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the origin!
al message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
-----Original Message-----

From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, February 07, 2012 6:08 PM
To: Reese J. Henderson, Jr.
Subject: FW: Public Bid Opening - Amd - 02-03-12

Reese, please see the email below and the attached and let me know if the CLC is okay with this amendment.  Rob

-----Original Message-----
From: Peter M. Dunbar [mailto:pete@penningtonlaw.com]
Sent: Tuesday, February 07, 2012 5:01 PM
To: Freedman, Robert S.
Cc: 'Barry Spivey'
Subject: FW: Public Bid Opening - Amd - 02-03-12

Rob,
This has surfaced this afternoon as a possible amendment to the construction lien bill.  It appears to be a new issue.  Can you find out if we have any problems with it.

-----Original Message-----
From: NEVINS.AARON.S25 [mailto:NEVINS.AARON.S25@flsenate.gov]
Sent: Tuesday, February 07, 2012 4:29 PM
To: Peter M. Dunbar
Subject: FW: Public Bid Opening - Amd - 02-03-12

-----Original Message-----
From: R. Bruce Kershner [mailto:rbkershner@att.net]
Sent: Tuesday, February 07, 2012 4:26 PM
To: NEVINS.AARON.S25
Subject: Public Bid Opening - Amd - 02-03-12

Aaron

Here is the electronic version on the amendment to SB 1202 that I dropped off earlier.

constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw