14-002673BID Mark&Apos;S Lawn Maintenance, Inc. vs. Leon County School Board Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 24, 2014.

BEFORE THE SCHOOL BOARD OF LEdN COUNTY, FLORIDA

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MARK'S LAWN MAINTENANftillk,t.

Petitioner, 21 Arll1 52

vs. DOAH Case No.: 14-2673BID

Order No. LC5 2.o/1-oolfJlD

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LEON COUNTY SCHOOL BOARD,

Respondent.

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FINAL ORDER

This matter came upon before the Board for entry of a Final Order upon entry of an

Order Relinquishing Jurisdiction by June McKinney, an Administrative Law Judge of the

Florida Division of Administrative Hearings, and, having reviewed the same, and all other

matters of record, and being otherwise advised in the premises, the Board finds and

concludes as follows:

FINDINGS OF FACT

1. On April 18, 2014, the Board issued an Invitation to Bid ("2014 ITB") for

holding pond and related grounds maintenance work. The 2014 ITB specifically advised

bidders that the Board reserved the right to contract "all or none, or by group to

responsible and responsive bidder(s) determined to be the most advantageous to the

District, taking into consideration price, product quality and other requirements as set forth

in this ITB." The language in the 2014 ITB gives the Board the discretion to award the

contract to one bidder, several bidders or no bidders.

2. The 2014 ITS specifically advised bidders of their right to challenge the

terms and conditions of the ITS. Petitioner, Mark's Lawn Maintenance, Inc., did not

challenge the terms or conditions of the 2014 ITS.

3. The 2014 ITS specifically informed bidders that local and small business

certification preferences were available to bidders, where applicable. Petitioner was given

a 3% local preference for having a business in an adjoining county. Val's Lawncare, Inc.

("Val's") received a 5% small business certification preference. Applying the discount,

Val's was the lowest bidder.

4. In 2007 and 2010, the Soard issued ITSs for holding ponds and grounds

maintenance services, and, each time, the contract was awarded to multiple bidders.

5. The 2014 ITS was awarded in accordance with the terms and conditions set

forth therein, and not any prior practice or any language from prior ITSs.

CONCLUSIONS OF LAW

1. This matter is governed by Section 120.57(3), Florida Statutes.

2. In order to prevail in a bid protest proceeding, one must prove that the

proposed action is contrary to governing statute, the agency's rules or policies,or terms

and conditions of the invitation to bid. The standard of proof is whether the proposed

action was clearly erroneous, contrary to competition, arbitrary or capricious.

3. Petitioner does not allege any action that is contrary to a governing

statute, the Soard's policies or the terms and conditions of the 2014 ITS. Rather,

Petitioner argues that the Soard established a "precedent" when it awarded contracts

for similar work in 2007 and 2010 to mUltiple bidders. However, as expressed by the

Administrative Law Judge in the Order Relinquishing Jurisdiction, the Board is not

bound to continue a practice established in a prior bid process. Each solicitation is

subject to the particular terms and conditions that are set forth in that solicitation's ITB.

That the 2007 and 2010 bids may have resulted in awards to multiple bidders, does not

bind the Board to award the 2014 ITB to multiple bidders. As set forth in the 2014 ITB,

the Board may award "all" or to one bidder, "none", by rejecting all bids, or "by group" to

multiple bidders. The intended award is to one bidder, Val's, which is not contrary to

statutes, the Board's policies or the terms and conditions of the 2014 ITB.

ORDER

Based upon the foregoing findings of fact and conclusions of law, it is

ORDERED:

1. The formal written protest of Mark's Lawn Maintenance, Inc. is dismissed.

2. The award of the contract for holding pond and grounds maintenance

services to Val's Lawn Care, Inc., is approved.

This Order may be appealed within thirty (30) days by filing a notice of appeal with

the School Board, and with the Florida District Court of Appeal, First District, together with

the filing fee. See Section 120.68, Florida Statutes, Fla.R.App.P. 9.110(c).

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DONE AND ORDERED this fCflh day of AutJUsf .2014.

THE SCHOOL BOARD OF LEON COUNTY,

FLORIDA

BY:

cc: Mark's Lawn Maintenance, Inc.

Jeff Wahlen, School Board Attorney

Clerk, Florida Division of Administrative Hearings