28-110.005. Bond

(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. History–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.