Pinellas FL Lawyers | Donald David Conn -- eLawyers

11-002816BID DYNAMIC SOLUTIONS, LLC, A FLORIDA LIMITED LIABILITY COMPANY vs TAMPA BAY ESTUARY PROGRAM, AN INDEPENDENT SPECIAL DISTRICT (2011)

Division of Administrative Hearings, Florida Filed: Jun. 06, 2011

The issues in this case, a bid protest, are as follows: 1. Whether Respondent, Tampa Bay Estuary Program, an independent special district ("TBEP"), failed to follow the review process as outlined in the Request for Proposals ("RFP") and TBEP's own procurement policies. 2. Whether TBEP failed to properly apply the scoring and review criteria set forth in the RFP. 3. Whether the RFP instructions were followed, whether they lacked certain direction or standards, and whether these failures led to actions that were clearly erroneous, contrary to competition, arbitrary, or capricious. 4. Whether the evaluation committee members acted arbitrarily in scoring, ranking, or making recommendations to the Management Board.Petitioner did not prove that bid process was arbitrary, capricious, or contrary to competition.

99-003398BID ENPOWER, INC., FOR ITSELF AND FOR FLORIDA SEAWATER DESALINATION COMPANY (NOT INC.) vs TAMPA BAY WATER, A REGIONAL WATER SUPPLY AUTHORITY (1999)

Division of Administrative Hearings, Florida Filed: Aug. 10, 1999

This is a procurement protest. The ultimate issue is whether the Respondent’s award of the "Agreement for the Construction and Operation of a Seawater Desalination Plant and Water Purchase Agreement" ("WPA") to Intervenor, S & W Water, LLC ("S&W") on July 19, 1999, is contrary to Tampa Bay Water's (TBW’s) governing statutes, its rules or policies, or the proposal specifications, or is clearly erroneous, contrary to competition, arbitrary, or capricious. Additional issues presented for decision are: (1) whether Petitioner has standing to maintain this protest; and (2) whether, by participating in the procurement process, Petitioner has waived or is estopped from claiming irregularities arising out of that process.Water Supply Authority procurement for Design-Build-Own-Operate-Transfer desalination plant. Chapter 287 does not apply. Procurement met standards of 120.57(3)(f); not arbitrary, capricious, contrary to competition, or clearly erroneous.

01-001949 SAVE OUR BAYS, AIR AND CANALS, INC. vs TAMPA BAY DESAL AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2001)

Division of Administrative Hearings, Florida Filed: May 18, 2001

There are two issues in these cases: (1) whether Tampa Bay Desal, LLC ("TBD") provided reasonable assurances that its permit application to discharge wastewater from a proposed seawater desalination plant, National Pollutant Discharge Elimination System ("NPDES") Permit Application No. FL0186813- 001-IWIS, meets all applicable state permitting standards for industrial wastewater facilities; and (2) whether Tampa Electric Company, Inc. (TEC) provided reasonable assurances that its proposed modification to an existing industrial wastewater facility permit, NPDES Permit Modification No. FL0000817-003-IWIS, meets all applicable state permitting standards.Application for industrial wastewater permit for desalination plant using power plant`s once-through cooling water provided reasonable assurance of compliance with permit requirements.

01-002720 SAVE OUR BAYS, AIR AND CANALS, INC. vs TAMPA ELECTRIC COMPANY, INC., AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2001)

Division of Administrative Hearings, Florida Filed: Jul. 11, 2001

There are two issues in these cases: (1) whether Tampa Bay Desal, LLC ("TBD") provided reasonable assurances that its permit application to discharge wastewater from a proposed seawater desalination plant, National Pollutant Discharge Elimination System ("NPDES") Permit Application No. FL0186813- 001-IWIS, meets all applicable state permitting standards for industrial wastewater facilities; and (2) whether Tampa Electric Company, Inc. (TEC) provided reasonable assurances that its proposed modification to an existing industrial wastewater facility permit, NPDES Permit Modification No. FL0000817-003-IWIS, meets all applicable state permitting standards.Application for industrial wastewater permit for desalination plant using power plant`s once-through cooling water provided reasonable assurance of compliance with permit requirements.

00-002010 SAVE OUR BAYS AND CANALS ASSOCIATION vs TAMPA BAY WATER AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2000)

Division of Administrative Hearings, Florida Filed: May 11, 2000

The issue is whether Respondent Department of Environmental Protection may issue to Respondent Tampa Bay Water a variance from the requirements, in Rules 62-555.520(4)(c) and (d), Florida Administrative Code, that an application for a permit to construct and operate a drinking water system contain drawings of the project with sufficient detail to describe clearly the work to be undertaken and complete specifications of the project to supplement the drawings.Tampa Bay Water is entitled to Variance; construction of surface water treatment plant responds to urgent environmental, financial, and legal factors. Protestor did not file for improper purpose.

98-004925 ALAFIA RIVER BASIN STEWARDSHIP COUNCIL, INC. vs TAMPA BAY WATER AND SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1998)

Division of Administrative Hearings, Florida Filed: Nov. 04, 1998

The issue presented for decision in this case is whether Respondent, the Southwest Florida Water Management District (the "District"), should issue Water Use Permit ("WUP") No. 2011794.00 to the Respondent, Tampa Bay Water, pursuant to the Notice of Proposed Agency Action and Draft Water Use Permit issued on September 30, 1998.Applicant, Tampa Bay Water, provided reasonable assurances that its proposed Alafia River withdrawal project meets conditions set forth in Chapter 373, Florida Statutes, and Rule 40D-2.301, Florida Administrative Code.

95-001520 WEST COAST REGIONAL WATER SUPPLY AUTHORITY vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1995)

Division of Administrative Hearings, Florida Filed: Mar. 30, 1995

The issue in the case is whether applications filed for water use permits for the South Pasco, Section 21, Cosme-Odessa and Northwest Hillsborough Regional Wellfields meet the requirements set forth in Section 373.223(1), Florida Statutes and Rule 40D-2.301(1), Florida Administrative Code, governing issuance of water use permits, and accordingly, whether the water use permits should be granted by the Southwest Florida Water Management District. Additionally, the West Coast Regional Water Supply Authority asserts that a default permit for the Northwest Hillsborough Regional Wellfield should be granted based on the alleged failure of the Southwest Florida Water Management District to take action on the permit application pursuant to the requirements of Section 120.60(1), Florida Statutes.Criteria met for continued water withdrawal at current levels. Baseline for review is existing condition when application is filed.

Donald David Conn