Reso 2008-1236 - Laserfiche WebLink

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CITY OF SUNNY ISLES BEACH HEARING EXAMINER STATE OF FLORIDA In the Matter of: Bid Protest by Tran Construction Inc. of Award of Bid No. 07-10-02 / FINAL ORDER ON BID PROTEST BY TRAN CONSTRUCTION INC. OF AWARD OF BID NO. 07-10-02 This matter having come regularly before the City of Sunny Isles Beach (the "City") Hearing Examiner for a bid protest hearing on March 3, 2008, at 3:30 p.m., under an appeal filed by Tran Constmction Inc. ("Petitioner") on Febmary 21, 2008. Notice having been given as required by the City Code and all matters submitted at the public hearing having been considered, including the bid protest filed by the Petitioner and the response filed by the City, together with all evidence and exhibits submitted at the public hearing and made a part of the record in this matter, and the Hearing Examiner having carefully considered arguments of counsel and the evidence presented, the Hearing Examiner now makes the following findings of fact and conclusion of law: Standard of Review The standard of review of an agency's competitive bid award, where discretion is vested for the award of public works contracts, is whether the agency acted arbitrarily or capriciously. See Miami-Dade County v. Church & Tower. Inc., 715 So. 2d 1084, 1088 (Fla. 3d DCA 1998). The burden of proof is on the Petitioner to demonstrate that the City's bid award was "clearly erroneous, contrary to competition, arbitrary, or capricious." See. e.g.. Nippon Carbide Industries, Inc. v. State Department of Transportation, 755 So. 2d 190, 191 (Fla. 1st DCA 2000). The City's decision to award the contract must be based on competent, substantial evidence. See id. Findines of Fact I. On February 21, 2008, Petitioner filed a bid protest regarding the Construction Improvements for the City of Sunny Isles Beach Central Island Drainage and Street Improvements (Bid No. 07-10-02). II. In its bid protest letter, Petitioner argued that it should have been awarded Bid No. 07-10-02 pursuant to paragraph 6.3 of the contract documents and specifications, as well Exhibit "A"