Authoritative article regarding Unsolicited Proposals - Article Two, authored by Alexander Tachmes, Esq.

I am posting an additional article in order to provide yet more information regarding unsolicited proposals. I recommend reading the following online resource: Public-Private Partnerships Becoming More Popular, February 14, 2018, by Alexander Tachmes, Esq., who is a partner in the Miami office of Shutts & Bowen LLP

Section 255.065, Florida Statutes, enacted in 2013, sets forth a comprehensive framework for those interested in pursuing public-private partnerships, providing  guidance to local governments that might otherwise be “ill-equipped to embark on such complex projects”.

This is not just another important read, but it is important as it may give some unstated reason for an unsolicited bid proposal, as the rational given sounds familiar. This article seems to have anticipated the Palmetto Bay Parking Garage situation: 

“Sometimes, for political or other reasons, a city is hesitant to issue an RFP or RFQ for a new project. If a developer is interested in a P3 but cannot persuade the local government to initiate the process by issuing an RFP or RFQ, the developer itself can submit an unsolicited proposal, which can serve as the catalyst for a P3. Assuming a local government wants to pursue the development of a project, after its receipt of an unsolicited proposal, the city can invite other bidders to submit proposals within a certain period of time. Or, the submission of an unsolicited proposal could provide the impetus to a city to draft and issue a formal RFP or RFQ for the subject project.”

This is additional recommended reading.

Author credit: Alexander Tachmes is a partner in the Miami office of Shutts & Bowen LLP, where he is Chair of the Land Use and Government Relations Practice Group and a member of the Real Estate Practice Group. The online source notes that this article was originally published in the Daily Business Review on February 14, 2018.

CLICK HERE to view prior articles on this blog relating to Palmetto Bay’s Unsolicited Proposal-Mixed Use Downtown Development - UP No. 1819-00-002