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SEVA TECHNOLOGIES, LLC vs FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, 19-005504BID (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005504BID Visitors: 23
Petitioner: SEVA TECHNOLOGIES, LLC
Respondent: FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
Judges: J. BRUCE CULPEPPER
Agency: Department of Management Services
Locations: Tallahassee, Florida
Filed: Oct. 14, 2019
Status: Closed
Recommended Order on Wednesday, February 5, 2020.

Latest Update: Feb. 05, 2020
Summary: The issue to determine in this bid protest matter is whether the Department’s intended award of state term contracts for information technology staff augmentation services was contrary to its governing statutes, rules, or the solicitation specifications.Pets failed to show Dept's intended award of state term contract was contrary to governing stats, solicitation specs, erroneous, contrary to competition, arbitrary or capricious, with exception of scoring criteria for 1 proposal for which info ov
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ARNAMY, INC.

STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES


DrviS Final Order No.: 20-0-03-9

Petitioner, DOAH Case No. l 9-5502BID


V.


FLORIDA DEPARTMENT

OF MANAGEMENT SERVICES,

Respondent.

----

FINAL ORDER

This matter comes before the Department of Management Services ("Department") for entry of a Final Order in accordance with section 120.569(1), Florida Statutes. The above-styled matter was previously consolidated with DOAH Case No. 19-5504BID, but is hereby severed for purposes ofthis Final Order.

FINDINGS OF FACT

  1. On June 24, 2019, at 3:11 p.m., the Department posted its "Revised Intent to Award - RFP #15-80101-507-SA-D - Information Technology Staff Augmentation Services" ("RFP") on the Vendor Bid System ("VBS")1•

  2. On June 27, 2019, Petitioner ArnAmy, Inc. ("AmAmy"), filed with the Department's Agency Clerk its notice of intent to protest the results of the RFP.

  3. On July 7, 2019, AmAmy timely filed with the Department's Agency Clerk its "Formal Protest and Petition for Administrative Hearing" as well as its protest bond.


    1 A link to the posting can be found at the following website: http:/iw\\'w.mvl1orida.com/apps/\'bs1vbs www.ad r2.\'iew_ ad'!adyertisement key num� 147403

    Page 1 of 4


    Filed May 21, 2020 3:26 PM Division of Administrative Hearings


  4. On October 14, 2019, ArnAmy filed its protest bond and "Amended Fonnal Protest and Petition for Administrative Hearing."

  5. On October 14, 2019, after the filing of the Amended Petition, the Department referred the matter to the Division of Administrative Hearings.

  6. On October 22, 2019, the Honorable J. Bruce Culpepper, Administrative Law Judge ("ALJ"), issued an Order of Consolidation, consolidating this matter with other protests related to the same procurement.

  7. On November 12-15, 2019, an administrative final hearing was held in Tallahassee, Florida.

  8. On February 5, 2020, the ALJ issued a Recommended Order.

  9. On March 4, 2020, ArnAmy filed a Notice of Voluntary Dismissal with the Department's Agency Clerk. A true and correct copy of the dismissal is attached hereto as Exhibit A.

    CONCLUSIONS OF LAW

  10. This matter, DOAH Case No. 19-5502B!D, is hereby severed from the consolidated proceedings at DOAH for purposes of entry of this Final Order.

  11. In administrative proceedings, agencyjurisdiction ceases to exist when a petition is withdrawn or voluntarily dismissed. Rudloe v. Florida Department of Environmental Regulation, 517 So. 2d 731, 732 (Fla. 1st DCA 1987).

  12. This matter is due to be dismissed because the Department's jurisdiction ceased when AmAmy voluntarily dismissed its petition on March 4, 2020.

    It is hereby ORDERED AND ADJUDGED:

    1. The "Amended Formal Protest and Petition for Administrative Hearing" is hereby

      DISMISSED;

    2. The Department's Agency Clerk shall return AmAmy's protest bond; and


Page 2 of 4


Docket for Case No: 19-005504BID
Issue Date Proceedings
May 21, 2020 Agency Final Order filed.
May 21, 2020 Agency Final Order filed.
May 21, 2020 Agency Final Order filed.
May 21, 2020 Agency Final Order filed.
Feb. 05, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Feb. 05, 2020 Recommended Order (hearing held November 12 through 15, 2019). CASE CLOSED.
Dec. 27, 2019 Arnamy's Proposed Recommended Order filed.
Dec. 27, 2019 Seva Techologies' Notice of Filing Proposed Recommended Order and Seva Technologies' Proposed Recommended Order filed.
Dec. 27, 2019 DMS's (Proposed) Recommended Order filed.
Dec. 20, 2019 Order Granting Extension of Time to File Proposed Recommended Orders.
Dec. 19, 2019 Seva Technologies' Motion for Brief Extension of Time to File Proposed Recommended Orders filed.
Dec. 16, 2019 Order Granting Extension of Time.
Dec. 13, 2019 Notice of Agreed Extension of Time to File Proposed Recommended Orders filed.
Dec. 04, 2019 Notice of Filing Transcript.
Dec. 04, 2019 Transcript of Proceedings (Vol 1-6; not available for viewing) filed.
Nov. 12, 2019 CASE STATUS: Hearing Held.
Nov. 12, 2019 Seva Technologies' Response to DMS' Motion to Strike and Motion in Limine filed.
Nov. 12, 2019 Joint Prehearing Stipulation filed.
Nov. 06, 2019 Notice of Cancellation of Rule 1.310(b)(6) Corporate Representative Deposition of Visium Resources, Inc. filed.
Nov. 06, 2019 Notice of Taking Deposition Duces Tecum of Danny O'Donnell, Expert for Seva Technologies, LLC filed.
Nov. 05, 2019 Notice of Appearance (Stephen Burch) filed.
Nov. 05, 2019 Visium Resources' Notice of Voluntary Dismissal filed.
Nov. 05, 2019 Department of Management Services' Motion to Strike Portions of the Petitions as Untimely Challenges to the RFP Specifications and Motion in Limine filed.
Nov. 05, 2019 Visium Resources' Cross-Notice of Taking Deposition filed.
Nov. 05, 2019 Seva Technologies' Cross-Notice of Taking Deposition filed.
Nov. 05, 2019 Notice of Taking Deposition Duces Tecum filed.
Nov. 04, 2019 Order Granting Leave to Amend Formal Written Protest.
Nov. 04, 2019 Return of Service (Stephanie Reaves) filed.
Nov. 04, 2019 Return of Service (Denise Roberts) filed.
Nov. 01, 2019 Visium Resources' Cross-Notice of Taking Depositions filed.
Nov. 01, 2019 Respondent Florida Department of Management Services' Notice of Serving Responses to Seva's First Interrogatories filed.
Nov. 01, 2019 Respondent Florida Department of Management Services' Response to Petitioner Seva Technologies' First Request for Production filed.
Nov. 01, 2019 Unopposed Motion by Seva Technologies' for Leave of Court to File the Attached Amended Formal Written Protest filed.
Nov. 01, 2019 Seva Technologies' Cross-Notice of Taking Depositions filed.
Nov. 01, 2019 Notice of Taking Deposition Duces Tecum of Independent Expert for Seva Technologies, LLC filed.
Nov. 01, 2019 Notice of Taking Deposition filed.
Nov. 01, 2019 Notice of Taking Deposition filed.
Nov. 01, 2019 Notice of Taking Deposition filed.
Nov. 01, 2019 Notice of Taking Deposition filed.
Oct. 31, 2019 Respondent Florida Department of Management Services' Notice of Serving Responses to Visium's First Interrogatories filed.
Oct. 31, 2019 Respondent Florida Department of Management Services' Notice of Serving Responses to ArnAmy's First Interrogatories filed.
Oct. 31, 2019 Respondent Florida Department of Management Services' Response to Petitioner ArnAmy's First Request for Production filed.
Oct. 31, 2019 Respondent Florida Department of Management Services' Response to Petitioner Visium's First Request for Production filed.
Oct. 31, 2019 Notice of Taking Rule 1.310(b)(6) Corporate Representative Deposition of Visium Resources, Inc. filed.
Oct. 31, 2019 Notice of Taking Rule 1.310(b)(6) Corporate Representative Deposition of Seva Technologies, LLC filed.
Oct. 31, 2019 Notice of Taking Rule 1.310(b)(6) Corporate Representative Deposition of ArnAmy, Inc. filed.
Oct. 31, 2019 Seva Technologies' Response to DMS's First Request for Production filed.
Oct. 31, 2019 Seva Technologies' Notice of Service of Unverified Answers to DMS's First Interrogatories filed.
Oct. 31, 2019 Notice of Serving ArnAmy's Answers to DMS's First Set of Interrogatories filed.
Oct. 31, 2019 Visium's Response to Respondent Florida Department of Management Services' First Set of Interrogatories to Petitioner Visium Resources, Inc., filed
Oct. 31, 2019 Notice of Servicing Petitioner Visium Resources, Inc., Answers to First Set of Interrogatories to Respondent Florida Department of Management Services filed.
Oct. 30, 2019 Order Severing Case and Closing File (DOAH Case No. 19-5506BID is severed and closed).
Oct. 30, 2019 Notice of Serving Visium's Response to First Request for Production to DMS filed.
Oct. 30, 2019 Petitioner Visium Resources, Inc. Answers of First Request for Production to Respondent Florida Department of Management Services filed.
Oct. 30, 2019 ArnAmy's Response to DMS's First Request for Production filed.
Oct. 29, 2019 Synergy Technologies, LLC's Notice of Voluntary Dismissal (filed in Case No. 19-005506BID).
Oct. 25, 2019 Seva Technologies' First Request for Production to Florida Department of Management Services filed.
Oct. 25, 2019 Seva Technologies' Notice of Service of First Interrogatories to Florida Department of Management Services filed.
Oct. 25, 2019 Seva Technologies, LLC's Request for Copies filed.
Oct. 25, 2019 Vissium's First Request for Production to DMS filed.
Oct. 25, 2019 Notice of Serving Visium's First Set of Interrogatories to DMS filed.
Oct. 24, 2019 ArnAmy's First Request for Production to DMS filed.
Oct. 24, 2019 Notice of Serving ArnAmy's First Set of Interrogatories to DMS filed.
Oct. 24, 2019 Motion to Dismiss Synergy Technologies, LLC's Petition, or in the Alternative, Motion to Relinquish Jurisdiction filed.
Oct. 23, 2019 Respondent Florida Department of Management Services' Notice of Compliance filed.
Oct. 23, 2019 Respondent Florida Department of Management Services' First Request for Admissions to Petitioner Synergy Technologies, LLC filed.
Oct. 23, 2019 Notice of Serving Respondent Florida Department of Management Services' First Set of Interrogatories to Petitioner Synergy Technologies, LLC filed.
Oct. 23, 2019 Respondent Florida Department of Management Services' First Request for Production to Petitioner Synergy Technologies, LLC filed.
Oct. 23, 2019 Notice of Serving Respondent Florida Department of Management Services' First Set of Interrogatories to Petitioner Visium Resources, Inc. filed.
Oct. 23, 2019 Respondent Florida Department of Management Services' First Request for Production to Petitioner Visium Resources, Inc. filed.
Oct. 23, 2019 Notice of Serving Respondent Florida Department of Management Services' First Set of Interrogatories to Petitioner Seva Technologies, LLC filed.
Oct. 23, 2019 Respondent Florida Department of Management Services' First Request for Production to Petitioner Seva Technologies, LLC filed.
Oct. 23, 2019 Notice of Servicing Respondent Florida Department of Management Services' First Set of Interrogatories to Petitioner ArnAmy, Inc. filed.
Oct. 23, 2019 Respondent Florida Department of Management Services' First Request for Production to Petitioner ArnAmy, Inc. filed.
Oct. 22, 2019 Order of Pre-hearing Instructions.
Oct. 22, 2019 Notice of Hearing (hearing set for November 12 through 15, 2019; 1:00 p.m.; Tallahassee, FL).
Oct. 22, 2019 Order of Consolidation (DOAH Case Nos. 19-5502BID, 19-5504BID, 19-5505BID, and 19-5506BID).
Oct. 21, 2019 CASE STATUS: Pre-Hearing Conference Held.
Oct. 18, 2019 Notice of Telephonic Pre-hearing Conference (set for October 21, 2019; 10:00 a.m.).
Oct. 14, 2019 Notice of Appearance (Marion Parker) filed.
Oct. 14, 2019 Notice of Appearance (Brittany Long) filed.
Oct. 14, 2019 Formal Written BID Protest and Petition for Formal Administrative Hearing filed.
Oct. 14, 2019 Agency referral filed.

Orders for Case No: 19-005504BID
Issue Date Document Summary
May 21, 2020 Agency Final Order
May 21, 2020 Agency Final Order
May 21, 2020 Agency Final Order
May 21, 2020 Agency Final Order
Feb. 05, 2020 Recommended Order Pets failed to show Dept's intended award of state term contract was contrary to governing stats, solicitation specs, erroneous, contrary to competition, arbitrary or capricious, with exception of scoring criteria for 1 proposal for which info overlooked.
Source:  Florida - Division of Administrative Hearings

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