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CORRECTIONAL SERVICES CORPORATION vs DEPARTMENT OF JUVENILE JUSTICE, 02-002966BID (2002)

Court: Division of Administrative Hearings, Florida Number: 02-002966BID Visitors: 22
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
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STATE OF FLORIDA Q DEPARTMENT OF JUVENILE gusTice”!20 Fy j,4, ce CORRECTIONAL SERVICES CORPORATION, Petitioner, Vv. DEPARTMENT OF JUVENILE JUSTICE, Respondent, and RAMSAY YOUTH SERVICES, INC., Intervenor. [0-24-02 wwe we Ye Ye Ye we ww we we www w 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.
Source:  Florida - Division of Administrative Hearings

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