CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

BENCOR, INC.,

Petitioner,

1. DFS Case No.: 197525-16-FA

   DOAH Case No.: 16-5777BID

   
   

   DEPARTMENT OF FINANCIAL SERVICES,

   
   

   Respondent.

   
   

                                                                   I

   
   

   FINAL ORDER

   
   

   The Division of Administrative Hearings ("DOAH") has issued an Order Closing File and Relinquishing Jurisdiction of the above-styled cause. The Chief Financial Officer has considered the record in this matter and finds as follows:

   FINDINGS OF FACT

   
   

   1. On September 13, 2016, following a competitive procurement pursuant to section 287.057(1)(b), Florida Statutes (2016), the Department of Financial Services ("Department") noticed its intent to award a contract to VALIC Financial Advisors, Inc. ("VALIC"), for the Social Security Alternative Retirement Income Security Program for Other Personnel Service Employees.

   2. BENCOR, Inc. ("BENCOR"), a vendor that had submitted an unsuccessful response to the competitive procurement, timely noticed its intent to protest the Department's decision to award the contract to VALIC.

      
      

      Filed October 26, 2016 3:46 PM Division of Administrative Hearings

   3. On September 26, 2016, BENCOR timely filed its formal written petition pursuant to section 120.57(3), Florida Statutes, and on October 5, 2016, the Department referred the formal written protest to the DOAH.

   4. On October 20, 2016, BENCOR withdrew its petition, and the DOAH issued its Order Closing File and Relinquishing Jurisdiction.

      CONCLUSION OF LAW

      
      

   5. Petitioner BENCOR has withdrawn its Petition challenging the decision of the Department to award the contract to VALIC, and, it is, therefore,

ORDERED that the Petition filed by BENCOR in this cause is hereby DISMISSED

WITH PREJUDICE.

DONE and ORDERED this 1.(, day of October, 2016.

ROBERT C. KNEIP

Chief of Staff

COPIES FURNISHED TO:

HERBERT T. WILKERSON, DIRECTOR

Division of Treasury Hermitage Building 1801 Hermitage Blvd.

Suite 440

Tallahassee, Florida 32308

Digitally signed by Deputy Agency Clerk

Date: 2016.10.26 15:35:47 -04'00'

NOTICE OF RIGHT TO APPEAL

A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal

must confonn to the requirements of Florida Rule of Appellate Procedure 9.110(d), and must be filed (i.e. received by the Agency Clerk) WITHIN THIRTY (30) DAYS of rendition of this final order.

Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Julie Jones, DFS Agency Clerk, Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. The facsimile number is (850) 488-0697. The email address is Julie.Jones@myfloridacfo.com.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail on this y of October, 2016, to:

Lewis J. Conwell, Esquire Conwell Business Law, LLLP 12610 Race Track Road, Suite 200

Tampa, FL 33626 lconwell@ConwellBusinessLaw.com

inelson@ConwellBusinessLaw.com

William B. Graham, Esquire Carr Allison

305 S. Gadsden Street Tallahassee, FL 32301-1811 bgraham@carrallison.com betheridge@carrallison.com kblodgett@carrallison.com

. ey

of the Gener Department of Financ·al S

200 East Gaines Stree

/

allahassee, FL 32399-4247

Telephone: 850-413-4126 Counsel for Department

Docket for Case No: 16-005777BID

Orders for Case No: 16-005777BID