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Brian Francis McGrail
Brian Francis McGrail
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Bar #603252(FL)     License for 38 years; Member in Good Standing
Tallahassee FL

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99-004544  PRECISION TRAFFIC COUNTING, INC., D/B/A BUCKHOLZ TRAFFIC vs DEPARTMENT OF TRANSPORTATION  (1999)
Division of Administrative Hearings, Florida Filed: Oct. 27, 1999
The issue in this case is whether Respondent may revoke the Petitioner's qualification to bid on Florida Department of Transportation contracts for which pre-qualification is required for one year because of events and correspondence described in a Notice of Intent from Respondent dated October 6, 1999.The Department of Transportation showed good cause to revoke Respondent`s pre-qualification to bid on the Department`s construction projects.
00-000224BID  ATLANTIC INVESTMENT OF BROWARD vs DEPARTMENT OF TRANSPORTATION  (2000)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2000
Whether the Department of Transportation's intended action to reject all quotes and re-advertise Lease No. 550:0318 was illegal, arbitrary, fraudulent, or dishonest.Petitioner did not establish that the agency acted in bad faith in rejecting all proposed quotes where less than three quotes were received on competitive negotiation.
98-005225BID  OLD TAMPA BAY ENTERPRISES, INC. vs DEPARTMENT OF TRANSPORTATION  (1998)
Division of Administrative Hearings, Florida Filed: Dec. 01, 1998
The issue presented for decision in this case is whether Respondent, the Florida Department of Transportation ("FDOT"), acted contrary to the agency’s governing statutes, rules or policies, or the proposal specifications, in rejecting the proposal of Petitioner, Old Tampa Bay Enterprises, Inc. ("Old Tampa Bay"), to RFP-DOT-97/98-1003, Bridge Tending/Maintenance and Repair Services for Five Movable Bridges, Sarasota and Manatee Counties (the "RFP" or "RFP 1003"), and awarding the contract to Intervenor, General Electric Industrial Systems ("GE"). GE also raises the issue whether Old Tampa Bay lacks standing because it submitted a materially false or fraudulent proposal.Petitioner failed to demonstrate agency bias in bid protest case, where agency provided Petitioner with multiple opportunities to submit a list of qualified substitutes for electricians named in bid. Petitioner failed to make satisfactory submissions.
99-003619  W. R. FAIRCHILD CONSTRUCTION CO., LLC vs DEPARTMENT OF TRANSPORTATION  (1999)
Division of Administrative Hearings, Florida Filed: Aug. 26, 1999
The issue is whether Respondent properly denied Petitioner's application for a certificate of qualification, pursuant to Chapter 337, Florida Statutes, and Rule 14-22, Florida Administrative Code, for failure to timely file the application.Petitioner`s application for a certificate of qualification should be deemed timely filed.
99-000740BID  ANDERSON COLUMBIA COMPANY, INC., AND PANHANDLE LAND AND TIMBER COMPANY, INC. vs DEPARTMENT OF TRANSPORTATION  (1999)
Division of Administrative Hearings, Florida Filed: Feb. 17, 1999
The issue in this case concerns whether the Florida Department of Transportation's (FDOT's or Department's) proposed action to award a contract to Couch Construction, L.P., is contrary to the agency's governing statutes, the agency's rules or policies, or the bid or proposal specifications.A bid containing "unbalanced" items should not be rejected absent showing of internal imbalance which would affect order of bids.
99-002277BID  QUINN CONSTRUCTION, INC. vs DEPARTMENT OF TRANSPORTATION  (1999)
Division of Administrative Hearings, Florida Filed: May 20, 1999
The issue in this proceeding is whether the proposed award of a contract to PCL Civil Contractors, Inc. ("PCL"), for the rehabilitation of the Jewfish Creek Bridge in Monroe County, Florida violates Section 120.57(3), Florida Statutes (1997). (All chapter and section references are to Florida Statutes (1997) unless otherwise stated.)Agency proposed evaluation of Petitioner`s (low bidder) good faith efforts to comply with applicable disadvantaged business enterprise goals is contrary to applicable rules and officially stated agency policies and clearly erroneous.
99-000120BID  OLD TAMPA BAY ENTERPRISES, INC. vs DEPARTMENT OF TRANSPORTATION  (1999)
Division of Administrative Hearings, Florida Filed: Jan. 11, 1999
Whether Petitioner, instead of Intervenor, is entitled to the award of RFP-DOT-98-99-4005.Proposal specifications relative to key personnel employed by proposers and percentage of work that may be subcontracted are contract compliance and performance issues. These are appropriately monitored and evaluated during contract performance.
99-000726BID  D. A. B. CONSTRUCTORS, INC. vs DEPARTMENT OF TRANSPORTATION  (1999)
Division of Administrative Hearings, Florida Filed: Feb. 17, 1999
The issue is whether the Department of Transportation's proposed award of a contract to Intervenor for ten highway projects in Hernando County, Florida, was contrary to the agency's rules and policies, and the bid specifications, as alleged by Petitioner.Where vendor timely filed bid papers with Department of Transportation, but in wrong office, error was minor and could be waived.
98-005018BID  CONTEMPORARY CONSTRUCTION SE, INC. vs DEPARTMENT OF TRANSPORTATION  (1998)
Division of Administrative Hearings, Florida Filed: Nov. 12, 1998
Was Petitioner responsive to the bid solicitation for Project E-2B59, Duval County (the project) by Respondent? Did Respondent act appropriately in rejecting all bids for the project?Petitioner was a responsive bidder but the agency was within its rights in rejecting all bids.
98-002420BID  SIEG AND AMBACHTSHEER, INC. vs DEPARTMENT OF TRANSPORTATION  (1998)
Division of Administrative Hearings, Florida Filed: May 22, 1998
The issue presented is whether Petitioner's bid should be rejected as non-responsive.The department properly rejected a bid as non-responsive where it failed to include a painting certification when the bid was submitted.

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