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Bid Protest Hearing
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(07-10-02) Central Island Drainage
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Bid Protest Hearing
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court affirmed the long standing principle that "where discretion is vested in a public agency for the <br /> award of contracts for public works on competitive bids, this discretion 'may not be exercised arbitrarily <br /> or capriciously but must be based on facts reasonably tending to support the conclusions reached by <br /> such agency."' Id. at 1088 (internal citations omitted). <br /> Additionally, as observed by the court in Baxter's Asphalt and Concrete. Inc. v. Department of <br /> Transportation. 475 So. 2d 1284 (Fla. 151 DCA 1985). "[a] public body has wide discretion in soliciting <br /> and accepting bids for public improvements and its decisions, when based on honest exercise of their <br /> discretion, will not be overturned by a court even if reasonable persons may disagree." Id. at 1287 <br /> (citing Liberty County v. Baxter's Asphalt and Concrete. 421 So. 2d 505, 507 (Fla. 1982). <br /> Finally, it is well established law that "[p[ublic agencies are not required to accept the lowest <br /> dollar-and-cents bid as the `lowest responsible bid' in every case. However, if the award is made <br /> to one other than to the lowest bidder it must be based upon facts which reasonably support the <br /> conclusion." Maves Printing Company v. J.A. Flowers. 154 So. 2d 859 (Fla. 151 DCAJ 1963). <br /> Here. Tran fails to make the requisite showing the bid award to Southeastern was arbitrary or <br /> capricious. Additionally, Tran fails to establish that the bid award was not based)upon facts which <br /> reasonably support this decision. Although Tran was the lowest "dollar-and-cents bid", this fact, <br /> standing alone, is legally insufficient to warrant reversal of the bid award to Southeastern. Notably, the <br /> price differential between Southeastern and Tran was only approximately $100,0001 Considering the <br /> contract award amount of $3,635,852.00 this price differential is de minimus considering the highly <br /> complex and specialized nature of the Central Island project. The contract documents and <br /> specifications, as well as Section 62-8 of the City Code, clearly authorized the award lof Bid No. 07-10- <br /> 02 to Southeastern, the bidder deemed to be the lowest responsive and responsible'bidder. The City <br /> Manager's recommendation of the bid award to Southeastern is fully supported by facts which <br /> reasonably support this recommendation. <br /> The City Manager's recommendation was based on a careful review of the various factors outlined <br /> in Section 62-8 of the City Code. Based on the information that he reviewed, and his experience, the <br /> City Manager recommended that Southeastern be awarded the bid because they were most responsible <br /> bidder with the lowest price, and they had the "capacity to complete an extremely complex project." A <br /> review of the same criteria led to the opposite conclusion that "Tran failed to demonstrate fully that it <br /> had the capacity and skill to perform the job." <br /> Because Tran fails to demonstrate that the bid award was made in an arbitrary or capricious fashion, <br /> the bid award should be affirmed. <br /> IV. Conclusion <br /> For all the reasons stated above, the administrative decision to award Bid No. 07-10-02 should be <br /> upheld by the Hearing. Examiner. <br /> 6 <br />
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