Division of Administrative Hearings, Florida
Filed: Sep. 14, 2009
The issues to be resolved in this proceeding concern whether the Petitioner, Close Construction, Inc. (Petitioner), (Close) was the lowest responsive and responsible bidder in the Request For Bid (RFB) Number 6000000262, whether the subject contract should be awarded to the Petitioner, and, concomitantly, whether the Respondent agency's decision to award the contract to the Intervener, Worth Contracting, Inc. (Worth) was clearly erroneous, contrary to competition, arbitrary or capricious.Petitioner showed that failure to itemize optional cost allowance, by using outdated bid forms, was a "non-judgmental" mistake, did not affect price or give it competitive advantage re: other bidders. Its lowest bid was responsive, and should be accepted.