Leon FL Administrative law, Government contracts and Litigat -- eLawyers

15-006333BID EMERGENCY COMMUNICATIONS NETWORK, LLC vs DIVISION OF EMERGENCY MANAGEMENT (2015)

Division of Administrative Hearings, Florida Filed: Nov. 12, 2015

The issue in this case is whether the proposed award by the Division of Emergency Management (DEM) of the contract referenced herein to Everbridge, Inc. (Everbridge) is contrary to DEM’s governing statutes, rules or policies, or to the solicitation specifications.Contract award meets all requirements.

15-001694RP BAYWOOD NURSERIES CO., INC. vs DEPARTMENT OF HEALTH (2015)

Division of Administrative Hearings, Florida Filed: Mar. 24, 2015

This is a rule challenge brought pursuant to section 120.56, Florida Statutes,1/ to the Proposed Rules of the Department of Health (“Department” or “DOH”) 64-4.001, 64-4.002, 64-4.004, and 64-4.005 (the “Proposed Rules”). The main issue in this case is whether the Proposed Rules are an invalid exercise of delegated legislative authority in that the Proposed Rules enlarge, modify, or contravene the specific provisions of law implemented, section 381.986, Florida Statutes; are vague; and/or are arbitrary and capricious. Petitioner also argues that the Proposed Rules impose regulatory costs that could be addressed by the adoption of a less costly alternative. Finally, Petitioner asserts that the Department materially failed to follow the applicable rulemaking procedures and requirements in its promulgation of the Proposed Rules.The challenged rules regulating low-THC cannabis do not constitute an invalid exercise of delegated legislative authority.

15-005535BID RANGER CONSTRUCTION INDUSTRIES, INC. vs DEPARTMENT OF TRANSPORTATION (2015)

Division of Administrative Hearings, Florida Filed: Sep. 30, 2015

The ultimate issue presented in this part of the bifurcated proceeding is whether the Petition should be dismissed as an untimely protest to the RFP specifications. Subsidiary issues presented are whether any such timeliness defect could be cured by allowing Petitioner to amend its Petition, and whether the points of entry provided to Petitioner with the RFP, as amended, were ineffective to operate as clear points of entry because Respondent did not also post the RFP and addenda amending the RFP on the MyFloridaMarketPlace vendor bid system.Petition is an untimely specifications challenge; Petitioner knowingly waived clear points of entry to protest RFP specifications as amended by addenda; posting RFP/addenda on MyFloridaMarketPlace not required because of statutory and rule exceptions.

15-003775BID ACCENTURE, LLP vs DEPARTMENT OF TRANSPORTATION (2015)

Division of Administrative Hearings, Florida Filed: Jun. 30, 2015

The issue in this bid protest matter is whether the decision of Respondent, Department of Transportation, to award the contract for the Centralized Customer Service System to Intervenor, Xerox State and Local Solutions, Inc., over Petitioner, Accenture, LLP, was contrary to its governing statutes, rules or policies, or the solicitation specifications.Petitioner failed to show that Department's intended award of contract to Intervenor was contrary to its governing statutes or solicitation specifications or that Department action was clearly erroneous, contrary to competition, arbitrary or capricious.

15-001271RP DAHLIA BARNHART, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, MORIAH BARNHART vs DEPARTMENT OF HEALTH (2015)

Division of Administrative Hearings, Florida Filed: Mar. 11, 2015

On March 11, 2015, Petitioner Dahlia Barnhart, by and through her parent and natural guardian, Moriah Barnhart (Petitioner), filed a Petition to Challenge Proposed Rule 64-4.002 as [an] Invalid Exercise of Delegated Legislative Authority (Petition).Insufficient facts alleged to show Petitioner would be substantially affected by proposed rule; Petitioner failed to amend Petition. Issues regarding negotiated rule committee and SERC were not cognizable. Petition dismissed for lack of standing.

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.

13-004113BID CARE ACCESS PSN, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION (2013)

Division of Administrative Hearings, Florida Filed: Oct. 17, 2013

The issues in this bid protest are whether, in making the decision to award Intervenor Prestige Health Choice, LLC ("Prestige"), a contract to provide Medicaid managed medical assistance services as a provider service network in Region 11 (covering Miami-Dade and Monroe Counties), Respondent Agency for Health Care Administration ("AHCA") acted contrary to a governing statute, rule, or solicitation specification; and, if so, whether such action was clearly erroneous, contrary to competition, arbitrary, or capricious. (In this protest, Petitioner Care Access PSN, LLC ("Care Access"), challenges AHCA's intended award to Prestige in Region 11, and only that award. Care Access does not seek to upset any other intended awards in Region 11 or in any other Region.)The agency's intended contract award, being contrary to the statutes and project specifications, is clearly erroneous and should be rescinded.

21-000950BID HEAVY CIVIL, INC. vs FLORIDA DEPARTMENT OF TRANSPORTATION (2021)

Division of Administrative Hearings, Florida Filed: Mar. 16, 2021

Whether the Florida Department of Transportation's determination that Heavy Civil, Inc., was a nonresponsive bidder was contrary to the agency's governing statutes, rules, policies, or the solicitation specifications; and, if so, whether the award was clearly erroneous, contrary to competition, arbitrary, or capricious.Proposal non-responsive where Petitioner failed to send paper bid bond to the location listed in the solicitation notice by the deadline.

21-001728BID AMERICAN LIGHTING AND SIGNALIZATION, LLC vs FLORIDA DEPARTMENT OF TRANSPORTATION (2021)

Division of Administrative Hearings, Florida Filed: May 28, 2021

Whether Respondent's, Florida Department of Transportation ("the Department"), decision to award a contract to Intervenor, DBi Services, Inc. ("DBi" or "Intervenor"), pursuant to the Bid Solicitation Notice and the Specifications Package (jointly referred to as "Solicitation") for Contract No. E5X18 (highway lighting maintenance in District Five), was contrary to its governing statutes, rules, or policies, or the solicitation specifications; and, if so, whether the award was contrary to competition, clearly erroneous, arbitrary, or capricious.ALS failed to establish that the Department acted contrary to its governing statutes, rules or policies, or the solicitation. Recommend award to Intervenor.

Megan Schirman Reynolds