Division of Administrative Hearings, Florida
Filed: Feb. 16, 2009
The issues to be resolved in this proceeding concern whether the proposed award of a contract to Ben Withers, Inc., is contrary to the Agency's governing statutes, rules, or policies or contrary to the bid solicitation specification concerning bid bond requirements, within the meaning of Subsection 120.57(3)(f), Florida Statutes (2008). It must also be determined whether those bidders who submitted a less than "A+" bid bond rating are compliant with the specification, or should be disqualified for non-responsiveness.Petitioner failed to show that award to the bidder who proposed a lower rated bid bond than that submitted by protestant was unresponsive. The specification in the ITB had no bond requirement for the bid bond.
