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• <br /> be overturned by a court even if it may appear erroneous and even if reasonable persons may <br /> disagree. Intercontinental Properties,Inc. v. State Dep't of Health&Rehabilitative Services,606 • <br /> So. 2d 380, 384 (Fla. 3rd DCA 1992). To overturn the award of a bid, it would need to be <br /> • <br /> determined that the City's actions were arbitrary and capricious or evidence of the City's bad faith. <br /> See Capeletti Bros.v. State Dep't of General Servs.,432 So.2d 1359(Fla. 1st DCA 1983);Liberty • <br /> County v. Baxter's Asphalt & Concrete, 421 So. 2d 505 (Fla. 1982); Kimball International • <br /> Marketing, Inc., et al v. Pinellas County School Board, et al, 1990 Fla. Div. Adm. Hear. LEXIS <br /> 6642 (DOAH 1990) (Upholding the decision to reject petitioners'bid where the absence of some • <br /> information in the submission was waived and where other more material information that was • <br /> absent from the submission was not waived). <br /> • <br /> • <br /> • <br /> • <br /> 12. Section 1.31 of the ITB provides that the award of the contract was not based solely <br /> on price but rather it set forth a variety of factors that should be considered in determining the <br /> lowest responsible and responsive bidder. (Jt. Ex. 1, section 1.31). This provision is also • <br /> • <br /> consistent with section 62-8 of the Purchasing Code (Jt. Ex. 14)which establishes factors to be <br /> considered when awarding contracts to the lowest responsible and responsive bidder. "Price is <br /> only a factor" and the lowest bidder is "not the bidder with the lowest dollars and cents bid". <br /> Administrative notice is taken of section 62-8 of the Purchasing Code,as codified in the City Code <br /> of Sunny Isles Beach. It provides that for the award of this ITB a listing of stated criteria, not <br /> limited to the lowest price, was employed in the evaluation of the responses by the City. The <br /> requirement to solicit bids should be distinguished from the evaluation criteria used in selecting <br /> the successful bidder.A public body may be required to bid out a project, but this does not, by <br /> itself,mandate selection of the lowest responsible bidder in the absence of a directive to that effect <br /> ff ct <br /> in the controlling legislation. Volume Services Division of Interstate United Corp. v. Canteen <br /> • <br /> • <br />