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Thomas Howland Duffy
Thomas Howland Duffy
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Bar #470325(FL)     License for 39 years; Member in Good Standing
Tallahassee FL

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05-000976  JIMMY D. FOREHAND vs DEPARTMENT OF MANAGEMENT SERVICES  (2005)
Division of Administrative Hearings, Florida Filed: Mar. 16, 2005
The issues to be resolved in this proceeding concern whether the Respondent committed an unlawful employment practice as envisioned in Section 760.10, Florida Statutes (2005), on the basis of the Petitioner's disability or handicap, and his age. It must also be determined whether the Respondent committed retaliation against the Petitioner for the Petitioner's alleged exercise of statutorily protected rights in complaining about health, or safety concerns, regarding his operation of a machine or device while an employee of the Respondent.Petitioner failed to prove a substantial impairment impeding a major life activity. Respondent showed that the legitimate management reason for Petitioner`s lay-off was by legislative mandate to make a workforce reduction.
96-001490BID  GLE ASSOCIATES, INC. vs DEPARTMENT OF TRANSPORTATION  (1996)
Division of Administrative Hearings, Florida Filed: Mar. 27, 1996
The issue for consideration in this hearing is whether the Department's proposed awarded in Request for Proposal RFP-DOT-95/96-7003-RA, for district- wide asbestos consulting services to Occupational Health Conservation was proper.Agency not shown to have been arbitrary or acted illegally in choosing to disregard obviously excessive bid and awarding to low bidder with unqualified Disadvantaged Business Enterprise.
95-005701BID  COASTAL MARINE CONSTRUCTION, INC. vs DEPARTMENT OF TRANSPORTATION  (1995)
Division of Administrative Hearings, Florida Filed: Nov. 20, 1995
At issue in this proceeding is whether the decision of respondent, Department of Transportation (Department), to award the subject bid to intervenor, The Walsh Group, Ltd., Inc. and Subsidiaries d/b/a Archer-Western Contractors, Ltd. (Archer-Western), comported with the essential requirements of law.BID not at material variance from the Invitation To Bid and therefore award of BID not contary to the essential requirements of law.
95-001644BID  RAN CONTRACTING AND ENGINEERING, INC. vs DEPARTMENT OF TRANSPORTATION  (1995)
Division of Administrative Hearings, Florida Filed: Apr. 05, 1995
Was the decision by the Respondent to reject the bids that it received in ITB-DOT-94/95-5013, for fuel tank removal and disposal, a decision based upon fraud, illegality, dishonesty, arbitrariness or caprice?Only responsive bidder was over prebid estimate. Department of Transportation acted properly in deciding to rebid project.
95-003693BID  BELL ATLANTIC BUSINESS SYSTEMS SERVICES, INC. vs DEPARTMENT OF TRANSPORTATION  (1995)
Division of Administrative Hearings, Florida Filed: Jul. 21, 1995
This is a bid protest proceeding in which the Petitioner challenges the Department's notice of intent to award the contract under ITB-DOT-95/96-9002 to the Intervenor Kennsco Engineering Services, Inc. Petitioner contends that the Kennsco bid should be rejected as non-responsive.Evidence established that low bidder was non-responsive; therefore, it would be arbitrary for agency to award contract to non-responsive low bidder
94-004899  EMMA ALLEN vs DEPARTMENT OF TRANSPORTATION  (1994)
Division of Administrative Hearings, Florida Filed: Aug. 31, 1994
The issue to be resolved in this proceeding concerns whether the Department of Transportation (Department) correctly applied standards set out in its rules and procedures, which encompass by reference the related provisions of the Code of Federal Regulations, in determining the amount of relocation assistance to be paid to the Petitioner.Petitioner did not show credible evidence to verify income and was therefore entitled to more relocation assistance. Respondent's calculation method reasonable and legal.
95-005035BID  STATEWIDE PROCESS SERVICE OF FLORIDA, INC. vs DEPARTMENT OF TRANSPORTATION  (1995)
Division of Administrative Hearings, Florida Filed: Oct. 12, 1995
The issue is whether the Department of Transportation acted arbitrarily, fraudulently, illegally or dishonestly by awarding ITB-DOT-95/96-9003 to All American Legal Service, Inc.Challenger showed winning bidder lacked experience required by Request For Proposal and DOT's award to winning bidder was illegal and arbitrary.
95-003580BID  50 STATE SECURITY SERVICE, INC. vs DEPARTMENT OF TRANSPORTATION  (1995)
Division of Administrative Hearings, Florida Filed: Jul. 12, 1995
Whether the Department of Transportation (hereinafter referred to as the "Department") should sustain Petitioner's challenge to the Department's preliminary determination to award State Job No. 99906-9520 to Intervenor?Adding Disabled Business Enterprise preference points to winning proposer's score was not contrary to provisions of Request For Proposal, as reasonably construed by agency. Award should stand.
95-000465BID  KNIGHT ENERGY TURNPIKE SERVICES vs DEPARTMENT OF TRANSPORTATION  (1995)
Division of Administrative Hearings, Florida Filed: Feb. 01, 1995
This is a bid protest proceeding in which the Petitioner challenges the Department's notice of intent to award the contract under RFP-DOT-94/95-8006 to the Intervenor Martin Petroleum Corp. Petitioner, who is the fifth-ranked bidder, contends that all four of the higher ranked bidders submitted non- responsive bids, that its own bid was responsive, and that it should be awarded the subject contract.Evidence in bid challenge case was insufficent to show that agency decision was arbitrary or capricious; agency interpretation of Request For Proposal was reasonable.
95-000564BID  QUINN CONSTRUCTION, INC. vs DEPARTMENT OF TRANSPORTATION  (1995)
Division of Administrative Hearings, Florida Filed: Feb. 08, 1995
The issue in this case is whether the Respondent, the Department of Transportation (DOT), arbitrarily refused to accept the low bid submitted by the Petitioner, Quinn Construction, Inc. (Quinn), and Bay Machine, Inc., for State Project No. 15200-3902.Petitioner's low bid not responsive. Question as to enforce'ty of bid bond due to incorrect project ID#. Recommended Order: dismiss. Protest not arbitrary; irregularity not minor.

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