Division of Administrative Hearings, Florida
Latest Update: Aug. 14, 1986
In this case, Petitioner has challenged Respondent's choice of responsive low bidders related to bid solicitation for contracts pertaining to four classes of diesel engine rebuild programs. In particular, Petitioner alleges that in all four classes the low bidder, and in two instances, the second low bidder, in settings in which the Petitioner was second low bidder or third low bidder respectively, have failed to meet specifications and are not entitled to the award of contracts. Petitioner asserts that it can meet the terms of the contract and was prepared to meet those contract terms upon the Respondent's opening of the bids. Petitioner questions Respondent's failure to confirm that each prospective bidder was capable of meeting each specification within the bid solicitation document prior to bid opening or, at the latest, at the point when the bids were opened. Concomitantly, Petitioner contends that it was inherently unfair for the Respondent to confirm the ability of the low bidders to comply with the specifications following bid opening and in the face of challenges to the qualifications of the apparent low bidders offered by unsuccessful bidders.Agency purchasing automotive equiptment acted appropriately in allowing bidder to quote items not on hand subject to delivery if awarded the contract.
