Petitioner: TOSHIBA BUSINESS SOLUTIONS (USA), INC., A DELAWARE CORPORATION
Respondent: SCHOOL BOARD OF BROWARD COUNTY
Judges: MARY LI CREASY
Agency: County School Boards
Locations: Fort Lauderdale, Florida
Filed: Nov. 13, 2014
Status: Closed
Recommended Order on Monday, June 15, 2015.
Latest Update: Aug. 12, 2015
Summary: Whether, in issuing the Revised Recommendation/Tabulation for contracts for Items 1 and 3 for Invitation to Bid No. 15- 048E, Multifunctional Devices, Cost-Per-Copy, Respondent acted contrary to one or more governing statutes, rules, policies, or procurement specifications, or any combination thereof; and if so, for each such instance, whether the misstep was clearly erroneous, arbitrary or capricious, or contrary to competition.Petitioner failed to show that the School Board's intended award wa
Summary: Whether, in issuing the Revised Recommendation/Tabulation for contracts for Items 1 and 3 for Invitation to Bid No. 15- 048E, Multifunctional Devices, Cost-Per-Copy, Respondent acted contrary to one or more governing statutes, rules, policies, or procurement specifications, or any combination thereof; and if so, for each such instance, whether the misstep was clearly erroneous, arbitrary or capricious, or contrary to competition.Petitioner failed to show that the School Board's intended award was contrary to its governing rules, policies or solicition specifications or that the School Board's actions were clearly erroneous, contrary to competition, or capricious.
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Filed August 12, 2015 11:30 AM Division of Administrative Hearings
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
TOSHIBA BUSINESS SOLUTIONS (USA),
INC., DOAH CASE NO. 14-5300 BID
Petitioner,
ITB No. 15-048E “Multifunctional
vs. Devices, Cost-Per-Copy”
THE SCHOOL BOARD OF BROWARD SSBM Agenda: 08-04-15-1
COUNTY, FLORIDA,
Respondent,
and
IMAGENET CONSULTING OF MIAMI, INC.,
Intervenor.
/
FINAL ORDER
THIS CAUSE came before THE SCHOOL BOARD OF BROWARD COUNTY,
FLORIDA on August 4, 2015 to (1) consider the Recommended Order entered on June 15, 2015 by Mary Li Creasy, Administrative Law Judge (hereinafter “ALJ”) of the State of Florida Division of Administrative Hearings; (2) Petitioner’s Exceptions to the Recommended Order; (3) Respondent’s and Intervenor’s Responses in Opposition to Exceptions; and (4) Respondent’s Cost Affidavit.
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, having reviewed the record and having heard oral arguments presented by representatives on behalf of the parties, and being fully advised in the Premises:
IT IS THEREUPON ADJUDGED that:
1. THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA rejects Exceptions A, B and C filed by the Petitioner, TOSHIBA BUSINESS SOLUTIONS (USA), INC.
Copies Furnished:
ROBERT W. RUNCIE, Superintendent of Schools
Office of the Superintendent
The School Board of Broward County, Florida 600 Southeast Third Avenue – 10th Floor
Fort Lauderdale, Florida 33301
WILLIAM G. SALIM, JR., ESQUIRE
Moskowitz, Mandell, Salim and Simowitz, P.A.
Attorneys for Petitioner Toshiba 800 Corporate Drive, Suite 500 Fort Lauderdale, Florida 33334
ERIC J. RAYMAN, ESQUIRE
Genovese, Joblove and Battista, P.A. PNC Center, Suite 1110
200 East Broward Boulevard Fort Lauderdale, Florida 33301
ROBERT PAUL VIGNOLA, DEPUTY GENERAL COUNSEL
The School Board of Broward County, Florida 600 Southeast Third Avenue – 111th Floor Fort Lauderdale, Florida 33301
ALBERT E. DOTSON, ESQUIRE WENDY FRANCOIS, ESQUIRE
Bilzin, Sumberg, Baena, Price And Axelrod, LLP
Attorneys for Intervenor ImageNet 1450 Brickell Avenue, Suite 2300
Miami, Florida 33131
STATE OF FLORIDA, DIVISION OF ADMINISTRATIVE HEARINGS
The DeSoto Building 1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
APPEAL OF FINAL ORDER
Pursuant to Section 120.68, Fla. Stat., a party to this proceeding may seek judicial review of this Final Order in the appropriate district court of appeal by filing a notice of appeal with Noemi Gutierrez, Agency Clerk, Official School Board Records, The School Board of Broward County, Florida, 600 Southeast Third Avenue – 2nd Floor, Fort Lauderdale, Florida 33301, on or before thirty (30) days from the date of this Final Order. A copy of the notice and a copy of this Final Order, together with the appropriate filing fee, must also be filed with the Clerk, Fourth District Court of Appeal,1525 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401- 2399. If you fail to file your notice of appeal within the time prescribed by laws and the rules of court, you will lose your right to appeal this Final Order.
fritz/allwork/agenda/2015/080415 toshiba/ final order/draft 2
Docket for Case No: 14-005300BID
| Issue Date |
Proceedings |
|
Aug. 12, 2015 |
Agency Final Order filed.
|
|
Jun. 15, 2015 |
Recommended Order (hearing held April 9, 2015). CASE CLOSED.
|
|
Jun. 15, 2015 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
|
May 18, 2015 |
Petitioner's Proposed Findings of Fact, Conclusions of Law and Recommended Order filed.
|
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May 18, 2015 |
Respondent School Board's Proposed Recommended Order filed.
|
|
May 18, 2015 |
Intervenor Imagnet Consulting of Miami, Inc.'s Proposed Recommended Order filed.
|
|
Apr. 27, 2015 |
Petitioner's Supplemental (Proposed) Exhibit Index (not available for viewing) filed.
|
|
Apr. 27, 2015 |
Transcript of Proceedings (not available for viewing) filed. |
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Apr. 24, 2015 |
Respondent the School Board's Notice of Filing Transcript filed.
|
|
Apr. 09, 2015 |
CASE STATUS: Hearing Held. |
|
Apr. 07, 2015 |
Joint Pre-hearing Stipulation filed.
|
|
Mar. 17, 2015 |
Respondent School Board's Notice of Unavailability filed.
|
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Mar. 11, 2015 |
Petitioner, Toshiba Business Solutions (USA), Inc.'s Notice of Taking Deposition (of Ed Hineline) filed.
|
|
Jan. 26, 2015 |
Petitioner, Toshiba Business Solutions (USA), Inc.'s Re-Notice of Taking Deposition (of Michelle Bryant-Wilcox, Ruby Crenshaw, Robert Sanders, and Michelle Gresham) filed.
|
|
Jan. 15, 2015 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for April 9 and 10, 2015; 9:00 a.m.; Fort Lauderdale, FL).
|
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Jan. 14, 2015 |
CASE STATUS: Motion Hearing Held. |
|
Jan. 14, 2015 |
Order Granting Petition to Intervene.
|
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Jan. 13, 2015 |
Unopposed Motion to Intervene and Request for Continuance of Final Hearing (filed by Imagenet Consulting of Miami, Inc.) filed.
|
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Dec. 11, 2014 |
Notice of Service of Toshiba Business Solutions (USA), Inc.'s Responses to the School Board of Broward County's First Request for Production filed.
|
|
Dec. 11, 2014 |
Notice of Service of Toshiba Business Solutions (USA), Inc.'s Answers to the School Board of Broward County's First Set of Interrogatories filed.
|
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Dec. 11, 2014 |
Petitioner, Toshiba Business Solutions (USA), Inc.'s Notice of Taking Deposition (of Michelle Bryant-Wilcox, Ruby Crenshaw, and Robert Sanders) filed.
|
|
Dec. 01, 2014 |
Respondent School Board's First Request to Produce to Petitioner Toshiba Business Solutions (USA), Inc. filed.
|
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Dec. 01, 2014 |
Respondent School Board's Notice of Serving First Set of Interrogatories to Petitioner Toshiba Business Solutions (USA), Inc. filed.
|
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Dec. 01, 2014 |
Undeliverable envelope returned from the Post Office.
|
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Nov. 25, 2014 |
Respondent School Board's Notice of Unavailability filed.
|
|
Nov. 19, 2014 |
Order of Pre-hearing Instructions.
|
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Nov. 19, 2014 |
Notice of Hearing (hearing set for February 11, 2015; 9:00 a.m.; Fort Lauderdale, FL).
|
|
Nov. 13, 2014 |
Amended Formal Petition Protesting Proposed Revised Recommendation/Tabulation filed.
|
|
Nov. 13, 2014 |
Request for Referral to Division of Administrative Hearing filed.
|
|
Nov. 13, 2014 |
Agency Referral Letter filed.
|
Orders for Case No: 14-005300BID
| Issue Date |
Document |
Summary |
|
Aug. 11, 2015 |
Agency Final Order
|
|
|
Jun. 15, 2015 |
Recommended Order
|
Petitioner failed to show that the School Board's intended award was contrary to its governing rules, policies or solicition specifications or that the School Board's actions were clearly erroneous, contrary to competition, or capricious.
|
