Petitioner: CORRECTIONAL SERVICES CORPORATION
Respondent: DEPARTMENT OF JUVENILE JUSTICE
Judges: WILLIAM R. CAVE
Agency: Department of Juvenile Justice
Locations: Tallahassee, Florida
Filed: Jul. 26, 2002
Status: Closed
Recommended Order on Tuesday, October 29, 2002.
Latest Update: Nov. 20, 2002
Summary: Are the intended contract awards by the Department of Juvenile Justice (Department) to Intervenor, Ramsay Youth Services, Inc. (Ramsay) under Request for Proposal (RFP) Numbers J5G01 and J5G02 contrary to the Department's governing statutes, applicable rules or policies, or the specifications of the RFPs?Petitioner failed to show that intended contract awards to Ramsay were arbitrary or capricious, contrary to competition, or clearly erroneous, or that contract awards were contrary to Department
Summary: Are the intended contract awards by the Department of Juvenile Justice (Department) to Intervenor, Ramsay Youth Services, Inc. (Ramsay) under Request for Proposal (RFP) Numbers J5G01 and J5G02 contrary to the Department's governing statutes, applicable rules or policies, or the specifications of the RFPs?Petitioner failed to show that intended contract awards to Ramsay were arbitrary or capricious, contrary to competition, or clearly erroneous, or that contract awards were contrary to Department`s governing statutes or applicable rules.
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STATE OF FLORIDA
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DEPARTMENT OF JUVENILE gusTice”!20 Fy j,4,
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CORRECTIONAL SERVICES
CORPORATION,
Petitioner,
Vv.
DEPARTMENT OF JUVENILE JUSTICE,
Respondent,
and
RAMSAY YOUTH SERVICES, INC.,
Intervenor.
[0-24-02
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FINAL ORDER
DJJ Case No.: 02-0008
DOAH Nos.: 02-2966BID
02-2967BID
LOR -Clos
This matter is now before the undersigned for issuance of
final agency action in regard to the bid protest filed by the
Petitioner, Correctional Services Corporation (hereafter, “CSC”).
The protest was conducted pursuant to section 120.57(1), Florida
Statutes, with a formal hearing conducted on August 29-30, 2002,
before Administrative Law Judge William R. Cave in Tallahassee,
Florida. A “Recommended Order” was entered on October 29, 2002,
which is attached and incorporated within this Final Order.
Pursuant to section 120.57(3) (e),
Florida Statutes, the parties
were allowed 10 days within which to submit written exceptions.
Ramsay Youth Services, Inc. (hereafter, “Ramsay”), submitted an
unopposed technical exception referencing a scrivener’s error in
the Recommended Order. CSC filed no exceptions.
Findings of Fact
The Department adopts the “Findings of Fact” set out in
paragraphs 1 through 34 of the Recommended Order.
Conclusions of Law
The Department accepts the “Conclusions of Law” set out in
paragraphs 35 through 44 of the Recommended Order. There, the
ALJ concluded that CSC “failed to demonstrate that the intended
contract awards to Ramsay are arbitrary or capricious, contrary
to competition, or clearly erroneous. Likewise, CSC has failed
to demonstrate that the intended contract awards to Ramsay are
contrary to the Department’s governing statutes, rules, or
policies or the specifications of the requests for proposals.”
(RO: 944).
Order
Based upon the foregoing it is hereby ORDERED:
1. The Administrative Law Judge's Findings of Fact and
Conclusions of Law are adopted.
2. The Petitioner’s protest is dismissed.
3. Ramsay's unopposed technical exception is granted, and
the Administrative Law Judge’s “Recommendation” is corrected to
reflect that the requests for proposals at issue are RFP Nos.
J5GO1 and J5G02.
4. The Department adopts the Administrative Law Judge’s
recommendation that it proceed with the award to Intervenor,
Ramsay Youth Services, Inc., for RFP Nos. J5G01 and J5GO2.
xt
Entered this (Z2“day of fijenb— , 2002, in Tallahassee,
Florida.
W.G. “BILL” BANKHEAD, SECRETARY
{ Department of Juvenile Justice
Dawn Hanson, Agency Clerk ~~
Notification of Right to Appeal
In accordance with the provisions of section 120.68(1),
Florida Statutes, a party who is adversely affected by this Final
Order is entitled to judicial review. To appeal this Final
Order, a notice of appeal with a copy of this order attached must
be filed with this agency within 30 days of rendition. The
appeal may be filed in the District Court of Appeal in which this
agency maintains its headquarters or in which the party appealing
this Final Order resides, Any such appeal shall then be
conducted pursuant to the Florida Rules of Appellate Procedure.
COPIES FURNISHED:
WILLIAM R. CAVE
Administrative Law Judge
Div. of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
R. TERRY RIGSBY, Esq.
Law Offices of R. Terry Rigsby, P.A.
215 South Monroe Street, Ste. 505
Tallahassee, FL 32301
JAMES C. HAUSER, Esq.
WARREN HUSBAND, Esq.
Metz, Hauser and Husband, P.A.
P.O. Box 10909
Tallahassee, FL 32302~2909
BRIAN BERKOWITZ, Esq.
ROBERT N. SECHEN, General Counsel
Department of Juvenile Justice
2737 Centerview Dr., Ste.312
Tallahassee, FL 32399~3100
GARY V. PERKO, Esq.
GARY P. SAMS, Esq.
MATTHEW L. HICKS, Esq.
Hopping, Green, Sams & Smith
123 South Calhoun Street
P.O. Box 6526
Tallahassee, FL 32314
Docket for Case No: 02-002966BID
Issue Date |
Proceedings |
Nov. 20, 2002 |
Final Order filed.
|
Oct. 29, 2002 |
Recommended Order issued (hearing held August 29-30, 2002) CASE CLOSED.
|
Oct. 29, 2002 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Oct. 04, 2002 |
Joint Proposed Recommended Order filed.
|
Oct. 04, 2002 |
Notice of Filing Joint Proposed Recommended Order filed.
|
Oct. 04, 2002 |
CSC`s Proposed Recommended Order filed.
|
Sep. 17, 2002 |
Transcript (2 Volumes) filed. |
Sep. 06, 2002 |
Notice of Change of Address filed by R. Rigsby.
|
Aug. 29, 2002 |
Subpoena ad Testificandum, M. Mills, L. Ochalek filed.
|
Aug. 29, 2002 |
Amended Petition to Intervene by Ramsay Youth Services, Inc. filed.
|
Aug. 28, 2002 |
Subpoena ad Testificandum, L. Ochalek, M. Floyd, J. Foster filed.
|
Aug. 28, 2002 |
(Joint) Pre-hearing Stipulation filed.
|
Aug. 27, 2002 |
Order Granting in Part and Denying in Part Petitioner`s Motion for Leave to Amend Petition for Formal Administrative Hearing issued.
|
Aug. 27, 2002 |
Order Granting in Part and Denying in Part Motion for Leave to Amend Petitions to Intervene by Ramsay Youth Services, Inc. issued.
|
Aug. 27, 2002 |
Order Denying Petitioner`s Motion for Summary Order issued.
|
Aug. 27, 2002 |
Notice of Compliance With Petitioner Correctional Services Corporation Second Request for Production of Documents (filed by Respondent via facsimile).
|
Aug. 26, 2002 |
Notice of Telephonic Hearing (filed by Intervenor via facsimile).
|
Aug. 26, 2002 |
Petitioner`s Response to Motion for Leave to Amend Petitions to Intervene by Ramsay Youth Services, Inc. (filed via facsimile).
|
Aug. 23, 2002 |
Motion for Leave to Amend Petitions to Intervene by Ramsay Youth Services, Inc. filed.
|
Aug. 21, 2002 |
Amended Petition for Formal Administrative Hearing filed by Petitioner.
|
Aug. 21, 2002 |
Ramsay Youth Services, Inc.`s Responses to Petitioner Correctional Services Corporation`s Second Request for Production of Documents (filed via facsimile).
|
Aug. 21, 2002 |
Intevenor`s Response in Opposition to Petitioner`s Motion for Leave to Amend Petition filed.
|
Aug. 21, 2002 |
Petitioner`s Second Request for Production of Documents to Respondent, Florida Department of Juvenile Justice filed.
|
Aug. 21, 2002 |
Petitioner`s Notice to Additional Authority in Support of Motion for Leave to Amend Petition filed.
|
Aug. 20, 2002 |
Notice of Telephonic Hearing (filed by Petitioner via facsimile).
|
Aug. 20, 2002 |
Intervenor`s Response in Opposition to Petitioner`s Motion for Summary Order filed.
|
Aug. 20, 2002 |
Petitioner`s Notice of Additional Authority in Support of Motion for Summary Order filed.
|
Aug. 19, 2002 |
Notice of Taking Deposition Duces Tecum, P. Donnelly, D. Scharoun filed.
|
Aug. 19, 2002 |
Notice of Telephonic Hearing (filed by Petitioner via facsimile).
|
Aug. 16, 2002 |
Petitioner`s Motion for Summary Order filed.
|
Aug. 16, 2002 |
Petitioner Correctional Services Corporation`s Second Request for Production of Documents From Intervenor Ramsay Youth Services, Inc. (filed via facsimile).
|
Aug. 14, 2002 |
Petitioner`s Motion for Leave to Amend Petition for Formal Administrative Hearing filed.
|
Aug. 14, 2002 |
Ramsay Youth Services, Inc.`s Responses to Petitioner Correctional Services Corporation`s First Request for Production of Documents filed.
|
Aug. 14, 2002 |
Notice of Services of Responses of Intervenor, Ramsay Youth Services to Interrogatories from Petitioner Correctional Services Corporation filed.
|
Aug. 14, 2002 |
Notice of Taking Deposition Duces Tecum, L. Ochalek (filed via facsimile).
|
Aug. 13, 2002 |
Amended Notice of Taking Deposition Duces Tecum, J. Rico, Corporate Representative for Ramsay Youth Services, Inc., M. Soto (filed via facsimile).
|
Aug. 13, 2002 |
Notice of Compliance With Petitioner Correctional Services Corporation, Inc.`s First Request for Production of Documents filed.
|
Aug. 12, 2002 |
Notice of Taking Deposition Duces Tecum, M. Mills, W. Pilette, M. Floyd, Corporate Representive for Ramsay Youth Services, Inc., M. Soto (filed via facsimile).
|
Aug. 12, 2002 |
Defendant Department of Juvenile Justice`s Response to Correctional Service Corporation`s First Request for Production of Documents filed.
|
Aug. 12, 2002 |
Notice of Compliance With Petitioner Correctional Services Corporation, Inc.`s First Request for Production of Documents filed by Respondent.
|
Aug. 12, 2002 |
Notice of Compliance With Petitioner Correctional Services Corporation`s First Set of Interrogatories filed by Respondent.
|
Aug. 08, 2002 |
Petitioner Correctional Services Corporation`s Notice of Serving its First Set of Interrogatories to Intervenor Ramsay Youth Services, Inc. filed.
|
Aug. 08, 2002 |
Petitioner Correctional Services Corporation`s First Request for Production of Documents from Intervenor Ramsay Youth Services, Inc. filed.
|
Aug. 07, 2002 |
Notice of Appearance (filed by Intervenor).
|
Aug. 06, 2002 |
Notice of Taking Deposition Duces Tecum, T. Buckley, J. Foster, J. Gallaman, W. Pilette filed.
|
Aug. 06, 2002 |
Notice of Appearance of Co-Counsel (filed by Petitioner).
|
Aug. 05, 2002 |
Joint Stipulation Regarding Rescheduling of Final Hearing filed.
|
Aug. 05, 2002 |
Petitioner`s Notice of Serving Answers to Intervenor`s First Set of Interrogatories filed.
|
Aug. 05, 2002 |
Petitioner`s Written Response and Objections to Intervenor`s First Request for Production of Documents and First Set of Interrogatories filed.
|
Aug. 05, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for August 29, August 30 and 6, 2002; 9:00 a.m.; Tallahassee, FL).
|
Aug. 02, 2002 |
Motion for Continuance filed by Petitioner
|
Jul. 31, 2002 |
Intervenor Ramsay Youth Services, Inc.`s First Set of Interrgatories to Petitioner Correctional Services Corporation filed.
|
Jul. 31, 2002 |
Intervenor Ramsay Youth Services, Inc.`s Notice of Serving Its First Set of Interrogatories to Petitioner Correctional Services Corporation filed.
|
Jul. 31, 2002 |
Intervenor Ramsay Youth Services, Inc.`s First Request for Production of Documents From Petitioner Correctional Services Corporation filed.
|
Jul. 31, 2002 |
Order of Pre-hearing Instructions issued.
|
Jul. 31, 2002 |
Notice of Hearing issued (hearing set for August 23, 2002; 9:00 a.m.; Tallahassee, FL).
|
Jul. 30, 2002 |
Order of Consolidation issued. (consolidated cases are: 02-002966BID, 02-002967BID)
|
Jul. 30, 2002 |
Order Granting Intervention issued. (Ramsay Youth Services)
|
Jul. 29, 2002 |
Petitioner`s Notice of Propounding First Set of Interrogatories to Respondent, Florida Department of Juvenile Justice filed.
|
Jul. 26, 2002 |
Unopposed Motion to Consolidate filed.
|
Jul. 26, 2002 |
Unopposed Petition to Intervene by Ramsay Youth Services, Inc. filed.
|
Jul. 26, 2002 |
Notice of Intended Contract Award filed.
|
Jul. 26, 2002 |
Petition for Formal Administrative Hearing filed.
|
Jul. 26, 2002 |
Agency referral filed.
|
Orders for Case No: 02-002966BID
Issue Date |
Document |
Summary |
Nov. 16, 2002 |
Agency Final Order
|
|
Oct. 29, 2002 |
Recommended Order
|
Petitioner failed to show that intended contract awards to Ramsay were arbitrary or capricious, contrary to competition, or clearly erroneous, or that contract awards were contrary to Department`s governing statutes or applicable rules.
|