Leon FL Administrative law, Appeals and Federal regulation L -- eLawyers

18-001781BID HARRIS CORPORATION vs DEPARTMENT OF MANAGEMENT SERVICES (2018)

Division of Administrative Hearings, Florida Filed: Apr. 05, 2018

The issue to determine in this bid protest matter is whether Respondent’s (Department of Management Services’), intended award of the Statewide Law Enforcement Radio Communications System to Intervenor, Motorola Solutions, Inc., was contrary to its governing statutes, rules, or the solicitation specifications.Petitioner had standing to initiate the bid protest. However, Petitioner failed to prove that the Department's intended award to Intervenor was contrary to its governing statutes, rules, or the solicitation specifications.

18-004242BID SOUTH FLORIDA COMMUNITY CARE NETWORK, LLC, D/B/A COMMUNITY CARE PLAN vs FLORIDA DEPARTMENT OF HEALTH (2018)

Division of Administrative Hearings, Florida Filed: Aug. 15, 2018

The issue to be determined in this bid protest matter is whether Respondent Department of Health’s (DOH or the Department) intended award of the contract arising out of Invitation to Negotiate No. DOH-17-026 (ITN) for the Children’s Medical Services Managed Care Plan (CMS Plan) to Intervenor Wellcare of Florida, Inc., d/b/a Staywell Health Plan (Staywell), was contrary to its governing statutes, rules, or the solicitation specifications.Petitioner did not prove that the Department's intended award of the contract to Intervenor was contrary to its governing statutes, rules, or the ITN's specifications.

13-001849RP G. B., Z. L., THROUGH HIS GUARDIAN K. L., J. H., AND M. R. vs AGENCY FOR PERSONS WITH DISABILITIES (2013)

Division of Administrative Hearings, Florida Filed: May 16, 2013

The issue in this case is whether proposed rules 65G-4.0210 through 65G-4.027 (the “Proposed Rules”) are an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes. (Unless specifically stated otherwise herein, all references to Florida Statutes shall be to the 2012 codification.) Specifically, Petitioners assert that the Proposed Rules (1) enlarge, modify, and contravene the specific provisions of the law they purport to implement; (2) contain vague and inadequate standards that vest unbridled discretion in the Agency for Persons with Disabilities (the “Agency” or “APD”); (3) are arbitrary and capricious; and (4) exceed the grant of rulemaking authority in section 393.0662(9), Florida Statutes. Petitioners further argue that, (5) APD failed to follow applicable rulemaking procedures required by sections 120.54(3) and 120.541, Florida Statutes, because APD failed to provide a Statement of Estimated Regulatory Costs (“SERC”) as a part of the rulemaking process.The rules proposed by APD are not an invalid exercise of delegated legislative authority.

15-003082BID THE MIDDLESEX CORPORATION vs DEPARTMENT OF TRANSPORTATION (2015)

Division of Administrative Hearings, Florida Filed: May 28, 2015

The issue in this case is whether the Department of Transportation's (DOT) proposed award of a “design-build” contract to Prince Contracting, LLC (Prince), is contrary to the agency's governing statutes, rules or policies, or the specifications of the Request for Proposals (RFP).Award of contract is contrary to specifications and governing statute.

14-002798BID XEROX STATE AND LOCAL SOLUTIONS, INC. vs DEPARTMENT OF REVENUE (2014)

Division of Administrative Hearings, Florida Filed: Jun. 16, 2014

The issue in this proceeding is whether the Respondent's intended award of Invitation to Negotiate (ITN) 13/14-01 was contrary to the Department's governing statutes, rules or policies; contrary to the solicitation specifications; and was clearly erroneous, contrary to competition, arbitrary or capricious.Evidence showed intended ITN award appropriate. Neither statute nor ITN required negotiations to be concluded before intended award posted. Renewal price, unless separately stated, was the proposed contract price.

14-000985BID KEEFE COMMISSARY NETWORK, L.L.C. vs DEPARTMENT OF CORRECTIONS (2014)

Division of Administrative Hearings, Florida Filed: Mar. 04, 2014

Whether the Florida Department of Corrections’ (Department) intended decision to award Trinity Services Group, Inc. (Trinity) with a contract for Statewide Canteen Operations under Invitation to Bid, DOC ITB-13-015 (ITB), is contrary to the agency’s governing statutes, rules or policies, or the bid specifications.Petitioner failed to prove that Respondent acted contraty to its governing statutes, rules or policies, or the bid specifications.

10-007669BID AMERICAN LIGHTING AND SIGNALIZATION vs DEPARTMENT OF TRANSPORTATION (2010)

Division of Administrative Hearings, Florida Filed: Aug. 17, 2010

The issue is whether Respondent Florida Department of Transportation’s (the Department or FDOT) determination that Intervenor Miller Electric Company (Miller) is a responsive design-build proposer was clearly erroneous, contrary to competition, or arbitrary and capricious.Petitioner proved that Intervenor's bid was non-responsive.

06-004449BID THE NTI GROUP, INC. vs DEPARTMENT OF EDUCATION (2006)

Division of Administrative Hearings, Florida Filed: Nov. 07, 2006

The issues in this case are: whether Respondent's intent to award a contract to Intervenor for an immediate response notification system pursuant to Request for Proposal 2007-01 (the RFP) was contrary to Respondent's governing statutes, rules, policies, and solicitation specifications and whether Petitioner has standing to protest the intended award.The protestor`s proposal was not responsive to the Request for Proposal.

05-002018 FCCI INSURANCE GROUP vs AGENCY FOR HEALTH CARE ADMINISTRATION (2005)

Division of Administrative Hearings, Florida Filed: Jun. 01, 2005

The issue for determination is whether Intervenors are entitled to reasonable attorney fees and costs pursuant to Section 120.595, Florida Statutes (2003).1Petitioner did not participate for an improper purpose by reducing the amount of hospital reimbursement, requesting a hearing, or challenging Respondent`s interpretation and enforcement of a rule promulagated by the Department of Financial Services.

05-002161 FCCI INSURANCE GROUP vs AGENCY FOR HEALTH CARE ADMINISTRATION (2005)

Division of Administrative Hearings, Florida Filed: Jun. 14, 2005