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• <br /> CITY OF SUNNY ISLES BEACH HEARING EXAMINER <br /> STATE OF FLORIDA <br /> In the Matter of: Bid Protest by Tran Construction • <br /> Inc. of Award of Bid No. 07-10-02 • <br /> FINAL ORDER ON BID PROTEST BY TRAN CONSTRUCTIOO N INC. <br /> OF AWARD OF BID NO. 07-10-02 <br /> This matter having come regularly before the City of Sunny Isles Beach (the <br /> "City") Hearing Examiner for a bid protest hearing on March 3, 2008, at 3:30 p.m., under <br /> an appeal filed by Tran Construction Inc. ("Petitioner") on February 21, 2008. <br /> Notice having been given as required by the City Code and all matters submitted <br /> at the public hearing having been considered, including the bid protest filed by the <br /> Petitioner and the response filed by the City, together with all evidence and exhibits <br /> submitted at the public hearing and made a part of the record in this matter, and the <br /> Hearing Examiner having carefully considered arguments of counsel and the evidence <br /> presented, the Hearing Examiner now makes the following findings! of fact and <br /> conclusion of law: <br /> Standard of Review <br /> The standard of review of an agency's competitive bid award, where discretion is <br /> vested for the award of public works contracts, is whether the agency acted arbitrarily or <br /> capriciously. See Miami-Dade County v. Church & Tower, Inc., 715 So. 2d 1084, 1088 <br /> (Fla. 3d DCA 1998). <br /> The burden of proof is on the Petitioner to demonstrate that the City's bid award <br /> was "clearly erroneous, contrary to competition, arbitrary, or capricious." See, e.g., <br /> Nippon Carbide Industries, Inc. v. State Department of Transportation, 755 So. 2d 190, <br /> 191 (Fla. ls' DCA 2000). The City's decision to award the contract must be based on <br /> competent, substantial evidence. See id. <br /> Findings of Fact � r <br /> I <br /> I. On February 21, 2008, Petitioner filed a bid protest regarding thel Construction <br /> Improvements for the City of Sunny Isles Beach Central Island Drainage and Street <br /> Improvements (Bid No. 07-10-02). <br /> II. In its bid protest letter, Petitioner argued that it should have been awarded Bid No. <br /> 07-10-02 pursuant to paragraph 6.3 of the contract documents and specifications, as well <br /> • <br />