STATE OF FLORIDA DEPARTMENT OF EDUCATION DIVISION OF UNIVERSITIES FLORIDA BOARD OF REGENTS

FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY

NEEL MECHANICAL CONTRACTORS, INC.,

Petitioner,

vs. CASE NO.: 99-3424BID

FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY and STATE OF FLORIDA, FLORIDA BOARD OF REGENTS,

Respondents,

and

BAYOU MECHANICAL, INC.,

Intervenor.

/

FINAL ORDER

THIS CAUSE comes before the Florida Agricultural and Mechanical University for entry of a Final Order upon submission of a Recommended Order filed on November 12, 1999, by Patricia Hart Malono, Administrative Law Judge, which is incorporated herein by reference.

Petitioner, Neel Mechanical Contractors, Inc., will be referred to as Petitioner. Respondent, Florida Agricultural and Mechanical University, will be referred to as FAMU. Respondent, State of Florida, Florida Board of Regents, will be referred to as BOR Intervenor, Bayou Mechanical, Inc., will be referred to as Intervenor. Administrative Law Judge Patricia Hart Malono will be referred to as ALJ.

RULINGS ON PETITIONER'S EXCEPTIONS

1. Exceptions Nos. 1, 2, 4, 5, 6, and 7 are rejected as there exists competent substantial evidence in the record to support the findings of fact addressed by the exceptions. Even if portions of the paragraphs referenced in these exceptions do

   contain conclusions of law, they are consistent with a fair reading of the Final Order and therefore are accepted.

   
   

2. Exceptions Nos. 8, 9, 10, and 11 to the Conclusions of Law are rejected as reargument of the evidence presented at hearing.

3 . Exception No. 3 is granted insofar as Paragraph 43 of the Findings of Fact finds that the letter of June 22, 1999 from Samuel J. Houston to Kenneth Ogletree, Petitioner's Exhibit 14, reflects a determination that the surety's failure to seal the Bid Bond was found to be a minor discrepancy. The letter speaks for itself and only addresses the failure of Petitioner to seal its bid proposal as a minor irregularity. There exists no competent substantial evidence to sustain that portion of Paragraph 43 of the Findings of Fact and it is rejected.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The Florida Agricultural and Mechanical University hereby adopts and incorporates by reference the findings of fact, conclusions of law, and the recommendation contained in the Recommended Order, except for that portion of Paragraph 43 of the findings of fact which has been rejected above. Based on the foregoing, it is hereby ORDERED:

Petitioner's Formal Written Protest and Petition for Formal Administrative Proceedings is DISMISSED and its Motion for Assessment of Attorney's Fees, insofar as it is based upon the provisions of Section 120.595, Florida Statutes, is DENIED.

DONE AND ORDERED this 24th day of January, 2000, in Tallahassee, Leon County, Florida.

DR. FREDERICK HUMPHRIES PRESIDENT

FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY

Filed this 24th day of January, 2000, in the Agency Clerk's Office of the State of Florida, Department of Education, Division of Universities, State University System, Florida Board of Regents, Florida Agricultural and Mechanical University.

Cornelia Henry Agency Clerk

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of appeal with the agency clerk of Florida Agricultural and Mechanical University and a copy, accompanied by filing fees prescribed by law, with the District Court of Appeal, First District. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.

Copies furnished to:

C. Anthony Cleveland, Esquire

Morris Shelkofsky, Assistant Attorney General Christopher T. McRae, Esquire

Docket for Case No: 99-003424BID

Orders for Case No: 99-003424BID