Division of Administrative Hearings, Florida
Latest Update: Jul. 26, 1988
This is a bid protest case arising from the efforts of Florida State University to obtain a contractor for the maintenance of all elevators and dumbwaiters at Florida State University. On or about April 28, 1988, Florida State University extended an Invitation To Bid, Bid No. K-1193-6, for the maintenance described above. Three bids were received in response to the bid solicitation. All three of the bids were rejected for failure to meet the bid specifications. On May 27, 1988, Petitioner filed a timely notice of protest and on June 2, 1988, Petitioner filed a timely formal written protest incorporating a request for formal hearing. An answer and affirmative defenses and an amended answer and affirmative defenses were filed by Florida State University. A petition for leave to intervene was filed by Montgomery Elevator Company, one of the other unsuccessful bidders. Montgomery's petition asserted that its bid should have been accepted or, in the alternative, that Florida State University was correct in rejecting all bids. At the final hearing, Montgomery's petition to intervene was granted only to the extent that the petition seeks to support the rejection of all bids by Florida State University. Mowery Elevator Company, the third bidder, did not file a protest and did not attempt to participate in this litigation. The three primary issues addressed at the final hearing were: (1) whether the inventory certification required by the bid specifications is a material provision, (2) whether the Petitioner's inventory certification complies with the requirements of the bid specifications, and (3) whether it would be a reasonable exercise of agency discretion for Florida State University to reject Petitioner's bid as unreasonably high. At the hearing the Petitioner and the Respondent both called witnesses and offered exhibits. The Intervenor offered to present the testimony of a witness, but objection to the offer of testimony was sustained. Following the hearing, all parties were afforded a reasonable period of time within which to file proposed recommended orders. Timely proposed recommended orders were received from all parties. All proposed recommended orders have been carefully considered during the preparation of this recommended order and all findings of fact proposed by all parties have been specifically addressed in the appendix to this recommended order.Petitioner's bid was nonresponsive; therefore, bid was properly rejected and petition should be dismissed