Division of Administrative Hearings, Florida
Latest Update: Feb. 11, 1988
This is a proceeding brought by MCI Telecommunications Corporation (hereinafter "MCI") disputing the negotiation process, and contract awards made, by the Department of General Services (hereinafter "DGS") in the procurement of intermachine trunks (IMTs), intrastate WATS, and interstate WATS for the State of Florida. The disputed legal issues are described as follows by the parties in their Prehearing Stipulation: Whether IMTs are a commodity or a contractual service Whether intrastate WATS and interstate WATS are commodities or contractual services. Whether the negotiations for IMTs, intrastate WATS and interstate WATS were authorized by law. Whether IMTs, intrastate WATS and interstate WATS must be procured following the procedures set forth in Chapter 13C-2, Florida Administrative Code. If the negotiations were authorized by law, whether the methodology used to conduct those negotiations and determine which carriers should be awarded contracts was arbitrary and capricious. Whether the MCI protest was filed in a timely manner pursuant to the requirements of Section 120.53(5), Florida Statutes, and if not, whether this failure constitutes a waiver by MCI of any further proceedings under Chapter 120. Whether MCI, having fully and without protest or complaint, participated in the evaluation and negotiation process, and, having rejected an offered contract, can now protest the process and award, or is estopped from such a protest or is guilty of laches. Whether MCI, having fully and without protest or complaint, participated in the evaluation and negotiation process, and, having rejected an offered contract, now has standing to object to the process and the award. The two companies to whom contracts were awarded intervened in the proceeding. The Intervenors are Microtel, Inc., and United State Transmission Services (hereinafter "Microtel" and "USTS"). The final hearing in this case was conducted at the same time as the final hearing in a related case in which MCI is challenging the validity of Rule 13A- 1.001(1)(c) and (d), Florida Administrative Code. At the final hearing, all parties offered evidence in support of their respective positions. At the conclusion of the hearing, the parties decided to order a transcript of the hearing, which transcript was filed with the Hearing Officer on January 4, 1988. The parties also agreed to a deadline for the filing of proposed recommended orders of January 14, 1988. All parties filed timely proposed recommended orders containing proposed findings of fact and conclusions of law. Those proposed orders have been carefully considered in the preparation of this recommended order and specific rulings on all findings of fact proposed by all parties are contained in the Appendix which is attached to and incorporated into this recommended order.Agency negotiations for long distance telecommunications were reasonable and fair, even though somewhat unusual