Petitioner: GILLY VENDING, INC.
Respondent: BOARD OF TRUSTEES OF MIAMI-DADE COLLEGE
Judges: ROBERT L. KILBRIDE
Agency: Universities and Colleges
Locations: Miami, Florida
Filed: Dec. 08, 2015
Status: Closed
Recommended Order on Wednesday, April 6, 2016.
Latest Update: Sep. 26, 2016
Summary: Whether Respondent's intended decision to award a vending services contract to Compass Group USA, Inc., d/b/a Canteen Vending Services, is clearly erroneous, contrary to competition, arbitrary, or capricious. Also at issue is whether Respondent's intended decision is void or must be set aside due to alleged violations of Florida's Sunshine Law during the procurement process.Petitioner failed to prove that the procurement process for vending services utilized by the Respondent violated the law, a
Summary: Whether Respondent's intended decision to award a vending services contract to Compass Group USA, Inc., d/b/a Canteen Vending Services, is clearly erroneous, contrary to competition, arbitrary, or capricious. Also at issue is whether Respondent's intended decision is void or must be set aside due to alleged violations of Florida's Sunshine Law during the procurement process.Petitioner failed to prove that the procurement process for vending services utilized by the Respondent violated the law, and likewise failed to prove that there was a Sunshine Law violation which would have warranted setting aside the award.
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
GILLY VENDING, INC., Case No.: 15-6955BID
Petitioner,
v.
BOARD OF TRUSTEES OF MIAMI-DADE COLLEGE,
Respondent.
COMPASS GROUP USA, INC.,
Intervenor
/
NOTICE OF FILING FINAL ORDER
Respondent, Board of Trustees of Miami Dade College, hereby files the attached Final Order, entered on May 5, 2016, in the above-styled matter.
Filed May 16, 2016 3:12 PM Division of Administrative Hearings
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has served by E-Mail to Miguel De Grandy, Esq., Miguel.degrandy@hklaw.com, and Daniel Hanlon, Esq.,
daniel.hanlon@hklaw.com, Holland & Knight, LLP, 701 Brickell Avenue, Suite 3000, Miami,
FL 33131, Attorneys for Petitioner; Scott S. Cairns, Esq., scairns@mcguirewoods.com, Joshua
D. Davey, Esq., JDavey@mcguirewoods.com, Warren R. Kent, Esq.,
KWarren@mcguirewoods.com, McGuire Woods, 50 N. Laura Street, Suite 3300, Jacksonville, FL 32202, Attorneys for Intervenor Compass, this 16th day of May, 2016.
/s Suzanne A. Singer
SUZANNE A. SINGER
Florida Bar No.: 0946222
E-mail: ssinger@rumberger.com (primary) docketingmiami@rumberger.com and ssingersecy@rumberger.com (secondary)
RUMBERGER, KIRK, & CALDWELL, P.A.
A Professional Association Brickell City Tower, Suite 3000 80 Southwest 8th Street
Miami, Florida 33130-3037
Tel: 305.358.5577
Fax: 305.371.7580
Attorneys for Respondent, The District Board of Trustees of Miami Dade College
9073619.1
Docket for Case No: 15-006955BID
| Issue Date |
Proceedings |
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Sep. 26, 2016 |
BY ORDER OF THE COURT: Appellant's notice of voluntary dismissal is recognized and this administrative appeal is dismissed.
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Jul. 11, 2016 |
BY ORDER OF THE COURT: The motion for leave to withdraw as counsel is granted, and the Law Firm of Holland & Knight, LLP and Miguel De Grandy, Esquire and Daniel Hanlon, Esquire are withdrawn as counsel for appellant.
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May 27, 2016 |
Acknowledgment of New Case, DCA Case No. 3D15-1228 filed.
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May 16, 2016 |
Miami-Dade College and Compass Group USA, Inc.'s Joint Response to Gilly Vending, Inc.'s Exceptions to the Recommended Order filed.
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May 16, 2016 |
Respondent's Exceptions to the Recommended Order filed.
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May 16, 2016 |
Agency Final Order filed.
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Apr. 06, 2016 |
Recommended Order (hearing held January 28 and 29, 2016). CASE CLOSED.
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Apr. 06, 2016 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Mar. 28, 2016 |
Petitioner's Reply to Respondent/Intervenor's Memorandum of Law in Response to Gilly Vending, Inc.'s Memorandum of Law filed.
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Mar. 24, 2016 |
Omnibus Order.
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Mar. 24, 2016 |
Petitioner's Motion to Strike Joint Reply and for Sanctions filed.
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Mar. 23, 2016 |
Miami-Dade College and Compass Group USA, Inc.'s Joint Reply to Gilly Vending, Inc.'s Amended Response and Request for Sanctions filed.
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Mar. 23, 2016 |
Amended Response and Objections to Respondent/Intervenor's Motion for Leave to File Response Brief to Petitioner's Timely Filed Memorandum of Law and for Sanctions filed.
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Mar. 22, 2016 |
Response and Objections to Respondent/Intervenor's Motion for Leave to File Response Brief to Petitioner's Timely Filed Memroandum of Law and for Sanctions filed.
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Mar. 22, 2016 |
Miami-Dade College and Compass Group USA, Inc.'s Joint Motion for Leave to File a Memorandum of Law in Response to Gilly Vending, Inc.'s Memorandum of Law filed.
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Mar. 08, 2016 |
(Petitioner's) Proposed Recommended Order filed.
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Mar. 08, 2016 |
Miami-Dade College and Compass Group USA's Proposed Recommended Order filed.
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Mar. 08, 2016 |
Memorandum of Law in Support of Gilly Vending, Inc. Petition filed.
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Mar. 01, 2016 |
Order Granting Extension of Time.
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Feb. 29, 2016 |
Joint Stipulation to Extend Deadline to File Proposed Recommended Orders filed.
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Feb. 17, 2016 |
Notice of Filing Hearing Transcript (of hearing held on January 29, 2016) filed.
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Feb. 17, 2016 |
Notice of Filing Hearing Transcript (of hearing held on January 28, 2016) filed.
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Feb. 10, 2016 |
Letter to Judge Kilbride from Suzanne Singer regarding audio recordings filed.
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Feb. 09, 2016 |
Notice of Filing Proper Joint Exhibit filed.
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Jan. 28, 2016 |
CASE STATUS: Hearing Held. |
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Jan. 27, 2016 |
Gilly Vending, Inc.'s Motion to Strike Portions of Yaremis Ponce's Deposition filed.
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Jan. 27, 2016 |
Gilly Vending, Inc.'s Motion to Compel Responses to Request for Admissions filed.
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Jan. 27, 2016 |
Respondent, Board of Trustees of Miami-Dade College and Intervenor Compass Group USA, Inc.'s Joint Motion to Preclude Evidence Regarding Gilly's Prior Protest filed.
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Jan. 27, 2016 |
Joint Motion of Respondent Miami Dade College and Intervenor Compass Group USA, Inc., to Preclude Evidence Concerning Unrelated Dining Contract filed.
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Jan. 27, 2016 |
Respondent Miami Dade College and Intervenor Compass Group USA, Inc.'s Motion to Preclude Petitioner from Introducing Evidence Concerning Its Escalating Minimum Annual Guarantee filed.
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Jan. 26, 2016 |
Joint Pre-hearing Stipulation filed.
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Jan. 26, 2016 |
Respondent, Board of Trustees of Miami-Dade College's Responses to Petitioner Gilly Vending, Inc.'s First Request for Production filed.
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Jan. 26, 2016 |
Respondent, Board of Trustees of Miami-Dade College's Notice of Service of Responses to Petitioner, Gilly Vending, Inc.'s Third Set of Interrogatories filed.
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Jan. 25, 2016 |
Petitioner, Gilly Vending, Inc.'s Responses to Intervenor's Second Set of Interrogatories filed.
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Jan. 22, 2016 |
Amended Notice of Hearing (hearing set for January 28 and 29, 2016; 10:00 a.m.; Miami, FL; amended as to hearing room).
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Jan. 19, 2016 |
Respondent, Board of Trustees of Miami-Dade College's Responses to Petitioner Gilly Vending, Inc.'s Second Request for Admissions filed.
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Jan. 19, 2016 |
Respondent, Board of Trustees of Miami-Dade College's Notice of Service of Responses to Petitioner, Gilly Vending, Inc.'s Second Set of Interrogatories filed.
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Jan. 15, 2016 |
Amended Notice of Taking 1.310(b)(6) Deposition of Intervenor, Compass Group USA, Inc filed.
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Jan. 15, 2016 |
Notice of Taking Deposition of Tina Woods filed.
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Jan. 15, 2016 |
Notice of Taking Deposition of Christopher Starling filed.
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Jan. 15, 2016 |
Notice of Taking Deposition of Yaremis Ponce filed.
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Jan. 15, 2016 |
Notice of Taking Deposition of Robert Parrondo filed.
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Jan. 15, 2016 |
Notice of Taking Deposition of Roman Martinez filed.
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Jan. 15, 2016 |
Notice of Taking Deposition of Sheldon Edwards filed.
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Jan. 15, 2016 |
Notice of Taking Deposition of Diana Carrasco filed.
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Jan. 15, 2016 |
Amended Notice of Taking Deposition (Gilda Rosenberg) filed.
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Jan. 15, 2016 |
Amended Notice of Taking Deposition (Ismael Tenen) filed.
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Jan. 15, 2016 |
Respondent, Board of Trustees of Miami-Dade College's Notice of Taking Gilly Vending, Inc's Corporate Representative's Deposition filed.
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Jan. 15, 2016 |
Respondent, Board of Trustees of Miami-Dade College's Notice of Service of Supplemental Responses to Petitioner, Gilly Vending, Inc.'s First Set of Interrogatories filed.
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Jan. 14, 2016 |
Intervenor Compass Group USA, Inc.'s Notice of Rule 1.310(b)(6) Deposition of Petitioner Gilly Vending, Inc., filed.
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Jan. 14, 2016 |
Intervenor Compass Group USA, Inc.'s Cross Notice of Deposition of Gilda Rosenberg filed.
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Jan. 14, 2016 |
Intervenor Compass Group USA, Inc.'s Cross Notice of Deposition of Mel Tenen filed.
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Jan. 14, 2016 |
Petitioner Gilly Vending, Inc.'s Second Set of Interrogatories to the Respondent filed.
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Jan. 14, 2016 |
Petitioner Gilly Vending, Inc.'s Second Request for Admissions to Respondent filed.
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Jan. 14, 2016 |
Petitioner Gilly Vending, Inc.'s Second Set of Interrogatories to Intervenor filed.
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Jan. 14, 2016 |
Petitioner, Gilly Vending, Inc.'s First Request for Production to Respondent, Board of Trsutees of Miami-Dade College filed.
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Jan. 14, 2016 |
Petitioner Gilly Vending, Inc.'s Third Set of Interrogatories to Respondent filed.
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Jan. 13, 2016 |
Intervenor Compass Group USA, Inc.'s Second Set of Interrogatories to Petitioner Gilly Vending, Inc., filed.
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Jan. 13, 2016 |
Order Accepting Qualified Representatives.
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Jan. 04, 2016 |
Notice of Appearance (Daniel Hanlon) filed.
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Dec. 31, 2015 |
Intervenor Compass Group USA, Inc.'s First Set of Interrogatories to Petitioner Gilly Vending, Inc., filed.
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Dec. 31, 2015 |
Intervenor Compass Group USA, Inc.'s First Requests for Production to Petitioner Gilly Vending, Inc., filed.
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Dec. 30, 2015 |
Omnibus Order.
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Dec. 30, 2015 |
Respondent, Board of Trustees of Miami Dade College's First Request for Production to Petitioner, Gilly Vending, Inc filed.
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Dec. 30, 2015 |
Respondent, Board of Trustees of Miami Dade College's First Set of Interrogatories to Petitioner, Gilly Vending, Inc filed.
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Dec. 29, 2015 |
Respondent Miami Dade College and Intervenor Compass Group USA, Inc.'s Joint Response in Opposition to Petitioner Gilly Vending, Inc.'s Motion for Leave to File Amended Protest filed.
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Dec. 29, 2015 |
Intervenor Compass Group USA, Inc.'s Motion for Extension of Time to Respond to Discovery filed.
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Dec. 28, 2015 |
(Petitioner) Notice of Unavailability filed.
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Dec. 23, 2015 |
Petitioners Motion For Leave Amend filed.
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Dec. 23, 2015 |
Petitioner Gilly Vending, Inc.'s First Set of Interrogatories to Intervenor filed.
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Dec. 22, 2015 |
Petitioner Gilly Vending, Inc.'s First Request for Admissions to Respondent filed.
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Dec. 21, 2015 |
Petitioner Gilly Vending, Inc.'s First Set of Interrogatories to Respondent filed.
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Dec. 21, 2015 |
Notice of Appearance (Pedro Gassant) filed.
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Dec. 18, 2015 |
Order Granting Motion to Intervene.
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Dec. 15, 2015 |
Notice of Appearance (Scott Cairns) and Motion to Intervene filed.
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Dec. 15, 2015 |
Request for Representation by Qualified Representative (R. Kent Warren) filed.
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Dec. 15, 2015 |
Request for Representation by Qualified Representative (Joshua D. Davey) filed.
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Dec. 15, 2015 |
Notice of Appearance (Scott Cairns) filed.
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Dec. 14, 2015 |
Order of Pre-hearing Instructions.
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Dec. 14, 2015 |
Notice of Hearing (hearing set for January 28 and 29, 2016; 10:00 a.m.; Miami, FL).
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Dec. 10, 2015 |
CASE STATUS: Status Conference Held. |
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Dec. 08, 2015 |
Agency referral filed.
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Dec. 08, 2015 |
Gilly Vending, Inc., Formal BID Protest of Recommendation to Award of Contract Pursuant to Invitation to Negotiate (ITN #2016-21-10) for Vending Services College-Wide filed.
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Orders for Case No: 15-006955BID
| Issue Date |
Document |
Summary |
|
May 05, 2016 |
Agency Final Order
|
|
|
Apr. 06, 2016 |
Recommended Order
|
Petitioner failed to prove that the procurement process for vending services utilized by the Respondent violated the law, and likewise failed to prove that there was a Sunshine Law violation which would have warranted setting aside the award.
|
