Petitioner and Lyell Hintz protest the Department's intent to award the bid for Lease No. 550-0209 to Southeastern Investment Properties, Inc. Issues derived from the pleadings, the joint prehearing stipulation and the evidence and argument at hearing are: Whether Petitioner has standing to protest the bid award; Whether Petitioner and Lyell Hintz have waived the right to contest evaluation criteria; If not, whether those criteria are valid; Whether the Respondent has properly applied the criteria to the bid proposals; Whether Southeastern's bid was nonresponsive; Whether Southeastern changed its bid after opening; Whether Petitioner's bid was defective for failure to include a waiver of existing lease; Whether the bid should be awarded to Lyell Hintz or Petitioner; and Whether all bids should be rejected and the lease re-bid.Lease bid award based on arbitrary and capricious application of agency's own criteria. Scores adjusted. Award recommended to intervenor.
