Petitioner: PLASCO, INC.
Respondent: BROWARD COUNTY SCHOOL BOARD
Judges: FLORENCE SNYDER RIVAS
Agency: County School Boards
Locations: Fort Lauderdale, Florida
Filed: Aug. 14, 2001
Status: Closed
Recommended Order on Tuesday, October 9, 2001.
Latest Update: Oct. 18, 2019
Summary: The issue for determination is whether the School Board of Broward County, Florida (“SBBC”) improperly awarded a contract pursuant to Invitation to Bid No. 21-244H for “Photo ID Card and Printing System Supplies” (“ITB”) to Intervenor, Identicard Systems, Inc. (“Identicard"). Petitioner Plasco, Inc. ("Plasco") contends that the recommended award to Identicard is clearly erroneous, contrary to competition, arbitrary, capricious, or contrary to the specifications of the ITB. The resolution of the
Summary: The issue for determination is whether the School Board of Broward County, Florida (“SBBC”) improperly awarded a contract pursuant to Invitation to Bid No. 21-244H for “Photo ID Card and Printing System Supplies” (“ITB”) to Intervenor, Identicard Systems, Inc. (“Identicard"). Petitioner Plasco, Inc. ("Plasco") contends that the recommended award to Identicard is clearly erroneous, contrary to competition, arbitrary, capricious, or contrary to the specifications of the ITB. The resolution of the ultimate issue turns on whether the uninitialed corrected figures contained within Plasco’s bid response for both the unit price and the total cost of Item 1(N) were a material deviation from the bid specifications requiring rejection of the bid.Agency acted arbitrarily in failing to award a contract for photo identification cards to lowest responsible bidder.
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Scanned DocumentTHE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
OFFICE OF THE SCHOOL BOARD ATTORNEY
K.C. WR.IGHT ADMINISTRATION BUILDING 600 SOUTHEAST THIRD AVENUE , I ITH FLOOR FORT LAUDE RDALE, FLOR.IDA 33301
Telephone : (954) 765-8866 Facs imile : (954) 768-8616
EDWARD J. MARKO SCHOOL BOARD ATTORNEY
November 21, 2001
Florence S. Rivas, Administrative Law Judge Division of Administrative Hearings
The DeSoto Building 1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
RE: Plasco, Inc. vs. Broward County School Board Case No. 01 2498BID 01-3203BID
Dear Judge Rivas:
For the Division's file, enclosed please a Final Order concerning the above-referenced matter, which was considered at the November 13, 2001 School Board meeting.
Sincerely,
Robe nola
Assistant chool Board Attorney
RPV:jcb Enclosure
C: Full Agenda Item to:
Donnie Carter, Director, Purchasing Department David L. Ferguson, Esq.
Mark A. Emanuele, Esq.
Staff\jbackwe ll \allwork\doah\bid\plasco \co rr\judge- fina l order
Filed October 18, 2019 11:09 AM Division of Administrative Hearings
BEFORE THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
PLASCO, INC.,
Petitioner, DOAH Case No. 01-3203 BID
vs.
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA,
BID NO. 21-2441-I
Respondent.
- - - - - - - - - - - - /
FINAL ORDER
THIS CAUSE commg on to be heard before THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA at its meeting conducted on November 13, 2001, to approve the Recommended Order filed on October 9, 200 l by Florence Snyder Rivas, Administrative Law Judge of the State of Florida Division of Administrative Hearings, consisting of Findings of Fact, Conclusions of Law, and a Recommendation, and upon stip ulation of the paities and being fully advised in the Premises:
JT IS THEREUPON Ordered and Adjudged as Follows:
I . The Findings of Fact, Conclusions of Law and Recommendation contained in the Recommended Order are adopted in their entirety by THE SCHOOL BOARD OF BROW ARD COUNTY, FLORIDA.
Bid No. 21-244H is hereby awarded to Petitioner PLASCO, INC.
Petitioner PLASCO, INC. has withdrawn its prayer for an award of costs.
DONE AND ORDERED in Fort Lauderdale, Broward County, Florida this () day of November, 200I .
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
By -
PAUL D EICHNER, ESQ, Chairperson
Copies Furnished:
Mitchell W. Berger, Esquire David L. Ferguson, Esquire Berger Singennan
350 East Las Olas Boulevard Suite 1000
Fort Lauderdale, Florida 33301
Robert Paul Vignola, Esquire Office of the School Board Attorney
Attorneys for Respondent School Board Kathleen C. Wright Administrative Building 600 Southeast Third Avenue - 11th Floor Fort Lauderdale, Florida 33301
Mark A. Emanuele, Esquire
Panza, Maurer, Maynard & Neel, P.A. Bank of America Building, Third Floor 3600 North Federal Highway
Fort Lauderdale, Florida 33308
Division of Administrative Hearings The DeSoto Building
1230 Apalachec Parkway
Tallahassee, Florida 32399-3060
APPEAL OF FINAL ORDER
THIS FINAL ORDER may be appealed by filing notices of appeal and a filing foe, as set out in Section 120.68(2), Florida Statutes, and Rules 9.1 lO(b) and (c), Florida Rules of Appellate Procedure, within thirty (30) days of the entry of this Final Order.
Filed in Official School Board Records the
ct() day of November, 2001.
i:.1' .h,w R ;tl:i /{)d(ruJAtt:
Supervisor, Official School Board ccords
s:/v/aIIwnrk/bidp rotcst / Plasco O I /plead ing/li m1lord I
2
Docket for Case No: 01-003203BID
Issue Date |
Proceedings |
Oct. 18, 2019 |
Agency Final Order filed.
|
Oct. 09, 2001 |
Recommended Order issued (hearing held September 6, 2001) CASE CLOSED.
|
Oct. 09, 2001 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Oct. 04, 2001 |
Petitioner Plasco`s Proposed Recommended Order (filed via facsimile).
|
Oct. 01, 2001 |
Intervenor Identicard`s Proposed Recommended Order (filed via facsimile).
|
Oct. 01, 2001 |
Respondent`s School Board`s Proposed Recommended Order (filed via facsimile).
|
Sep. 20, 2001 |
Transcript filed. |
Sep. 07, 2001 |
Letter to Judge Rivas from R. Vignola concerning Exhibits (with the exception of Exhibit 18) introduced into evidence at the hearing on September 6, 2001 filed.
|
Sep. 06, 2001 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Sep. 05, 2001 |
Joint Pre-Hearing Stipulation (filed via facsimile).
|
Sep. 04, 2001 |
Composite Exhibit "C" Intervenor, Identicard Systems, Inc.`s List of Witnesses (filed via facsimile).
|
Sep. 04, 2001 |
Composite Exhibit "B" Intervenor, Identicard Systems, Inc.`s List of Exhibits (filed via facsimile).
|
Sep. 04, 2001 |
Order Granting Intervention to Identicard Systems, Inc. issued.
|
Aug. 30, 2001 |
Petition to Intervene in Formal Written Protest and Formal Administrative Hearing (filed by IDenticard Systems, Inc. via facsimile).
|
Aug. 30, 2001 |
Letter to Judge Rivas from M. Emanuele concerning IDenticard Systems, Inc.`s petition to intervene (filed via facsimile).
|
Aug. 29, 2001 |
Notice of Taking Deposition, Plasco`s representative (filed via facsimile).
|
Aug. 23, 2001 |
Respondent School Board`s Notice of Compliance (filed via facsimile).
|
Aug. 22, 2001 |
Respondent School Board`s First Request to Produce to Petitioner Plasco (filed via facsimile).
|
Aug. 22, 2001 |
Respondent School Board`s First Set of Interrogatories (filed via facsimile).
|
Aug. 21, 2001 |
Order of Pre-hearing Instructions issued.
|
Aug. 21, 2001 |
Notice of Hearing issued (hearing set for September 6, 2001; 9:00 a.m.; Fort Lauderdale, FL).
|
Aug. 14, 2001 |
Plasco Inc.`s Formal Written Protest and Petition for Administrative Proceedings Regarding Invitation to Bid and Recommendation to Award Bid No 21-244H (Photo ID Card and Printing Systems Supplies (filed via facsimile).
|
Aug. 14, 2001 |
Agency Referral (filed via facsimile).
|
Orders for Case No: 01-003203BID
Issue Date |
Document |
Summary |
Oct. 09, 2001 |
Recommended Order
|
Agency acted arbitrarily in failing to award a contract for photo identification cards to lowest responsible bidder.
|