Division of Administrative Hearings, Florida
Filed: Sep. 19, 1990
By timely formal written protest, duly foreshadowed by notice of intent to protest, petitioner Equity Resources, Inc. invoked the bid dispute procedures prescribed by Section 120.53(5), Florida Statutes (1989). In its formal written protest, petitioner asks that respondent Department of Revenue not carry out its stated intention to disqualify petitioner's proposal to lease warehouse space to the Department. The formal written protest does not ask for an award of the lease to petitioner, at this juncture. Instead, petitioner seeks comparative review of its proposal with other, responsive proposals. The parties did not prepare for and agreed at hearing to refrain from litigating the comparative merits of petitioner's proposal and other proposals received in response to request for proposals for lease No. 730:0106. Piecemeal consideration of bid disputes does not serve the purpose of the expedited procedures established by Section 120.53(5), Florida Statutes (1989). But, in light of the parties' limited preparation, the limited scope of the prayer for relief in the formal written protest (and since neither DOR nor the intervenor pleaded that the award would go to intervenor, even if petitioner's proposal were not disqualified), the present proceeding has been limited, in keeping with the parties' request, to the question whether the petitioner's proposal was responsive. When the parties were unable to resolve this question by agreement, the Department of Revenue referred the matter for hearing to the Division of Administrative Hearings, in accordance with Section 120.53(5), Florida Statutes (1989). Since the Department of Revenue (DOR) referred the matter to the Division of Administrative Hearings, "the Division has jurisdiction over the formal proceeding." Section 120.57(1)(b)(3), Florida Statutes (1989).Burden on protester whose bid is nonconforming to prove variance is immaterial.