16-005777BID Bencor, Inc. vs. Department Of Financial Services Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 20, 2016.

CHIEF FINANCIAL OFFICER

JEFF STATE ATWATER OF FLORIDA

BENCOR, INC.,

Petitioner,

V. DFS Case No.: 197525-16-FA

DOAH Case No.: 16-5777BID

DEPARTMENT OF FINANCIAL

SERVICES,

Respondent.

--------------- I

FINAL ORDER

The Division of Administrative Hearings ("DOAH") has issued an Order Closing File

and Relinquishing Jurisdiction of the above-styled cause. The Chief Financial Officer has

considered the record in this matter and finds as follows:

FINDINGS OF FACT

1. On September 13, 2016, following a competitive procurement pursuant to section

287.057(1)(b), Florida Statutes (2016), the Department of Financial Services ("Department")

noticed its intent to award a contract to V ALIC Financial Advisors, Inc. ("V ALIC"), for the

Social Security Alternative Retirement Income Security Program for Other Personnel Service

Employees.

2. BENCOR, Inc. ("BENCOR"), a vendor that had submitted an unsuccessful

response to the competitive procurement, timely noticed its intent to protest the Department's

decision to award the contract to V ALIC.

3. On September 26, 2016, BENCOR timely filed its formal written petition

pursuant to section 120.57(3), Florida Statutes, and on October 5, 2016, the Department referred

the formal written protest to the DOAH.

4. On October 20, 2016, BENCOR withdrew its petition, and the DOAH issued its

Order Closing File and Relinquishing Jurisdiction.

CONCLUSION OF LAW

5. Petitioner BENCOR has withdrawn its Petition challenging the decision of the

Department to award the contract to VALIC, and, it is, therefore,

ORDERED that the Petition filed by BENCOR in this cause is hereby DISMISSED

WITH PREJUDICE.

DONE and ORDERED this 1.(i day of October, 2016.

ROBERT C. KNEIP

Chief of Staff

COPIES FURNISHED TO:

HERBERT T. WILKERSON, DIRECTOR

Division of Treasury

Hermitage Building

1801 Hermitage Blvd.

Suite 440

Tallahassee, Florida 32308

NOTICE OF RIGHT TO APPEAL

A party adversely affected by this final order may seek judicial review as provided in section

120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is

initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal,

accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal

must confonn to the requirements of Florida Rule of Appellate Procedure 9 .110( d), and must be

filed (i.e. received by the Agency Clerk) WITHIN THIRTY (30) DAYS of rendition of this final

order.

Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight

delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight

delivery or hand delivery is Julie Jones, DFS Agency Clerk, Department of Financial Services, 612

Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. The facsimile number is

[phone]. The email address is [e-mail].

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished

by U.S. Mail on this ~y of October, 2016, to:

Lewis J. Conwell, Esquire

Conwell Business Law, LLLP

12610 Race Track Road, Suite 200

Tampa, FL 33626

[e-mail]

i [e-mail]

William B. Graham, Esquire

Carr Allison

305 S. Gadsden Street

Tallahassee, FL 32301-1811

[e-mail]

[e-mail]

[e-mail]

Department of Financ· al S

200 / East Gaines Stree

allahassee, FL 32399-4247

Telephone: [phone]

Counsel for Department