Division of Administrative Hearings, Florida
Filed: Sep. 17, 1997
This is a proceeding brought by the Petitioner GTECH Corporation (GTECH) challenging the results of a reevaluation of select responses to RFP No. 95/96-001/R (the RFP) made by GTECH and its competitor, Automated Wagering International, Inc. (AWI). The RFP is a product of the State of Florida, Department of Lottery, (the Lottery). The reevaluation of portions of responses to Sections 2 and 4 and all responses to Section 3 was based upon the final order entered by Dr. Marcia Mann, Secretary of the Lottery, entered June 4, 1997, in DOAH Case No. 96-5461BID, associated with the original evaluation of the RFP. The results of the reevaluation performed on the aforementioned sections, in the context of the original evaluation, led to the preliminary determination by the Lottery that AWI was entitled to the award of a contract. That preliminary decision was noticed on September 2, 1997. GTECH challenged that choice as clearly erroneous, contrary to competition, arbitrary and capricious. GTECH also questioned whether the actions by the Lottery were contrary to the governing statutes, rules, policies, or bid specifications in the RFP. To be decided is the question of whether a vendor may be selected based upon the outcome of the reevaluation, together with the results of the initial evaluation not overturned by the June 4, 1997 order entered by the secretary.The results of a reconvened hearing to consider response to select sections within the RFP favored the vendor initially chosen by the Department of Lottery.