Division of Administrative Hearings, Florida
Filed: Mar. 19, 2013
The issue is whether the Department of Management Services’ (“Respondent” or “Department” or “DMS”) decision to issue an Intent to Award for a state term pharmaceutical Group Purchasing Organization (“GPO”) contract to Minnesota Multistate Contracting Alliance for Pharmacy (“MMCAP”) as contemplated in its Invitation to Negotiate (“ITN”) was contrary to DMS’s governing statutes, rules, policies, or ITN specifications, and whether the Department’s decision was clearly erroneous, contrary to competition, arbitrary or capricious.Petitioner failed to show DMS' proposed action is either contrary to the DMS' governing statutes, rules, or policies, or the ITN specifications or that DMS' actions were clearly erroneous, contrary to competition or arbitrary or capricious.
