STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES NTT DATA, INC.,

Petitioner,

vs. HSMV Case No.: DAS- 18-1682

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,

DOAH Case No.: 19-0784BID

Respondent,

and

DELL MARKETING, L.P.,

FINAL ORDER NO.

HSMV-19-0207-FOI-DAS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Intervenor.

I

FINAL ORDER

This matter has come before the State of Florida, Department of Highway Safety and Motor Vehicles ("Department") pursuant to Section 120.57(3), Florida Statutes. After reviewing this matter and being fully advised in the premises, the Department makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

1. On August 2, 2018, the Department released Invitation to Negotiate DHSMV ITN 001-19, FRVIS Equipment Refresh ("ITN"). Both the Petitioner, NTT Data, Inc., and the Intervenor, Dell Marketing, L.P., submitted replies to the ITN.

2. On December 18, 2018, the Department posted its agency decision for the ITN, stating its intention to award a contract to the Intervenor, Dell Marketing, L.P.

3. On December 21, 2018, Petitioner filed a notice of intent to protest the Department's agency decision.

   
   

   
   

   Filed March 1, 2019 10:19 AM Division of Administrative Hearings

4. On December 31, 2018, Petitioner filed a formal written protest with the Department, with the required protest bond.

5. On February 15, 2019, the Department forwarded this matter to the Division of Administrative Hearings ("DOAH") for further proceedings. The assigned Administrative Law Judge scheduled a final hearing for March 11 through March 13, 2019.

6. Thereafter, on February 27, 2019, Petitioner filed a Notice of Voluntary Dismissal of the proceeding, prior to the final hearing in this matter.

7. On February 28, 2019, the assigned Administrative Law Judge entered an Order closing DOAH's file and relinquishing jurisdiction back to the Department, based upon Petitioner's Notice of Voluntary Dismissal.

   CONCLUSIONS OF LAW

   
   

8. The Department has jurisdiction over this matter pursuant to Section 120.57(3), Florida Statutes.

9. On February 28, 2019, Petitioner filed a Notice of Voluntary Dismissal of this case with DOAH, resulting in DOAH relinquishing jurisdiction in this matter to the Department.

10. This Final Order is being entered in accordance with Petitioner's Notice of Voluntary Dismissal of the case.

Wherefore, "it is hereby Ordered and Adjudged that this matter is dismissed with

prejudice.

DONE AND ORDERED this 2811, day of Feb

Kevin Bailey, Director of Administrative Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399

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NTT Data, Inc. v. Dept. of Highway Safety and Motor Vehicles HSMV Case No.: DAS-18-1682, Final Order (continued)

COPIES FURNISHED this 1,.51 day of March, 2019, to:

Frederick J. Springer, Esquire Elizabeth W. Neiberger, Esquire Bryant Miller Olive, P.A.

101 North Monroe Street, Suite 900

Tallahassee, FL 32301

Email addresses: fspringer@bmolaw.com; eneiberger@bmolaw.com; agarner@bmolaw.com; docket@bmolaw.com

Counsel for Petitioner

Eduardo S. Lombard, Esquire Jeffrey L. Frehn, Esquire, Radey Law Firm

301 South Bronough, Suite 200

Tallahassee, Florida 32301

Email addresses: elombard@radeylaw.com; lmcelroy@radeylaw.com; jfrehn@radeylaw.com; dgueltzow@radeylaw.com

Counsel for Intervenor

Jonathan P. Sanford, Chief Counsel

Nicole L. Jordan, Senior Assistant General Counsel Florida Dept. of Highway Safety & Motor Vehicles 2900 Apalachee Parkway, A432

Tallahassee, Florida 32399

Email addresses: jonathansanford@flhsmv.gov; nicolejordan@flhsmv.gov; patriciaturnage@flhsmv.gov Counsel for Respondent

NOTICE OF APPEAL RIGHTS

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 First District Court of Appeal, or in such other appellate district as the party resides. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d) and must be filed within thirty days of rendition of this final order.

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Docket for Case No: 19-000784BID

Orders for Case No: 19-000784BID