21-002161BID Egis Projects, Inc. vs. Department Of Transportation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 20, 2021.

responded to the motion on July 19, 2021. On July 20, 2021, Judge Newton issued an

Order Closing File and Relinquishing Jurisdiction ("Order") based upon the violations. The Order

is attached as Exhibit A. This Final Order follows.

FINDINGS OF FACT

1. The undisputed material facts found in paragraphs 1 through 12 of the Order are

hereby adopted and incorporated by reference, with one minor change: the transcription found in

paragraph 9 of the Order should read "Jenniffer" instead of"Jennifer" because it refers to Secretary

Thibault's assistant, Jenniffer Parfitt.

CONCLUSIONS OF LAW

A. The Analysis located on pages 4-5 of the Order is hereby adopted and incorporated

by reference.

B. Egis violated the "cone of silence" provisions of section 287.057(23), Florida

Statutes, and therefore is a nonresponsive bidder without standing to challenge the Department's

actions in the procurement.

C. As a nonresponsive bidder, Egis has "no chance of obtaining the contract award."

See AHF MCO of Florida . Inc. v. A g enc y for Healthcare Administration, 308 So. 3d 1136, 1139

(Fla. 1st DCA 2020).

ORDER

Based on the foregoing Findings ofFact and Conclusions of Law, and those contained in

the Order, it is ORDERED:

1. Egis's Protest is hereby DISMISSED.

Page 2 of 4

±lv

DONE AND ORDERED this J S day of August

. THI AU T, P.E.

Secretary

Department of Transportation

605 Suwannee Street .. . _.

Haydon Bums Building

Tallahassee, Florida 32399-0458

Page 3 of 4

NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE

APPEALED PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES

9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A

NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE 9.110(d),

FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE APPROPRIATE

DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE APPROPRIATE FILING

FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS,

HAYDON BURNS BUILDING, 605 SUWANNEE STREET, MS-58, TALLAHASSEE,

FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS ORDER.

Copies furnished to:

Sean W. Gellis, Esq.

General Counsel

Douglas D. Dolan, Esq.

George S. Reynolds IV, Esq.

Assistant General Counsel

Department of Transportation

Haydon Bums Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399-0458

Counsel for the Department

Karen D. Walker, Esq.

Mia McKown, Esq.

Tara Price, Esq.

Holland & Knight

315 South Calhoun Street, Suite 600

Tallahassee, Florida 32801

Counsel for Petitioner

Benjamin Grossman, Esq.

Robert H. Hosay, Esq.

Mallory Neumann, Esq.

Foley & Lardner LLP

106 East College Ave. Ste. 900

Tallahassee, Florida 32301-7732

Counsel for Intervenor

Page 4 of 4

FDOE

Florida Department of Transportation

RON DESANTIS 605 Suwannee Street KEV1N J. THIBAULT, P.E.

GOVERNOR Tallahassee, FL 32399-0450 SECRETARY

DELEGATION OF AUTHORITY

I, Kevin J. Thibault, P.E., Secretary of the Florida Department of

Transportation, delegate to Torey Alston as the Chief of Staff and Courtney

Drummond, P .E. as the Assistant Secretary for Engineering and Operations, and

Stacy Miller, P.E., as the Assistant Secretary _ for Finance and Administration, the

authority and responsibility to take action on my behalf at anytime during my

absence from the Department headquarters in Tallahassee. I also rescind any

prior delegations to the contrary .

Kevin . Thibault; P .E., Secretary

Florida Department of Transportation

Date

Safety. Mobility. Innovation

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