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bidder.", these words are not the same. These terms are not identical, lowest most responsive responsible bidder means that we rank the bidders according to their qualifications. Lowest responsive responsible bidder means that we do not,ithese are simple black and white terms and standing this principal that is black letter across this country on its head in order to award a contract to a bidder that is $100,000 above the low bidder is wrong, and it is arbitrary and capricious. Mr. De Armas stated that there was something else that we really haven't gotten into. Tran has an unrivaled record of excellence in this community, they do nothing but excellent work, they have never been defaulted by any owner, private or municipal, and this committee hadn't found that they had, and in fact, what this committee did was to say very clearly, and he is quoting from them, "Tran's references check out and they come well recommended". We are a responsible bidder, we are a responsive bidder as were 13 of these bidders, and we are the low bidder and we are entitled to get this job, and he doesn't understand why they have not been awarded this contract, it is beyond him, yes there are qualifications that are set forth in the Code and those qualifications are not to rank a bidder, it is to determine responsible velnone, once you determine responsibility and you did in this case because you did not tell Tran that they were not responsive, and indeed it would have been arbitrary and capricious to do so, then you look at the low bid and that is all there is. He stated that with the proffer that he has made he would like to rest, and he would respectfully request that,the court render a decision as quickly as possible so they can move forward with this project. The bid protest have that tendency to put projects on hold. Ms. Dickens said that she will rule today, and she will gather her thoughts and she will issue an oral ruling into the record. Ruling of Hearing Examiner Sonja Dickens, Esq. • Finds that the City had competent substantial evidence to support their award by the City Commission to Southeastern; • Finds that the arguments not raised in the bid protest document were waived; • Finds that Section 62-8 of the City's Code of Ordinances is controlling and that the RFP is also controlling; • Finds that the City's Code provides the City with the authority to consider things other than price when setting the criteria for the award of an contract; and • She does not find, the only case she was presented today that has some jurisdiction of precedential value to her was the City of Sweetwater, but she is'fnding in particular that that case is not controlling in these facts because in the City of Sweetwater their Code or bid instructions specifically required that the contract tie awarded to the responsive responsible bidder submitting the lowest acceptable proposal, however, she finds that the City of Sunny Isles Beach Code permits the City to consider all those factors on equal basis (as stated below). She asked if she needs to issue that in writing, and City Attorney Ottinot said yes, if she wants him to draft a recommended order they will. Ms. Dickens asked that he put one more thing in the order, she does not find, the only case she was presented today that has some jurisdiction Summary Minutes: Bid Protest 07-10-02 030308 Page 10 of 11