28-110.004. Formal Written Protest  

Effective on Monday, January 15, 2007
  • 1(1) The “formal written protest” required by Section 9120.57(3)(b), F.S., 11is a petition that states with particularity the facts and law upon which the protest is based. The formal written protest shall contain the information specified in Section 39120.54(5)(b)4., F.S., 41and in subsection 4428-106.201(2), 45F.A.C. If the formal written protest is filed in proper form within the 72-hour period for filing a notice of protest, the formal written protest will also constitute the notice of protest. Thereafter, all time limits relative to formal written protests apply.

    87(2) Form of Petition.


    94DEPARTMENT OF ______


    99a corporation organized

    102under the laws of Florida,


    108vs.109Case No.:_____


    114DEPARTMENT OF _____




    120XYZ Corporation, a corporation organized under the laws of Florida, brings this petition against State of Florida Department of __________ and alleges:

    1421. This is a bid protest under Section 150120.57(3), F.S.

    1522. Respondent issued an invitation to bid (ITB) entitled Bid No. _________.

    1643. Petitioner submitted the low bid but Respondent rejected its bid for the stated reason that _________.

    1814. The stated reason for rejection is erroneous because _________.

    1915. (Additional relevant facts, if any)

    1976. The facts that are in dispute between Petitioner and Respondent are: _________

    2107. A copy of the bid tabulation is attached.

    2198. (Applicable points of law.)

    224Petitioner requests a hearing involving disputed issues of material fact and an order awarding the contract to Petitioner (or other relief).

    245(Note: If the relevant facts are not in dispute the petition should so allege and request a hearing not involving disputed issues of material fact. The above allegations are illustrative. They should be altered to suit varying circumstances).

    283(3) The time allowed for filing a petition or a bond is not extended by mailing either document.

    301Rulemaking Authority 30314.202, 304120.54(5) FS. 306Law Implemented 308120.57(5) FS. 310History–New 4-1-97, Amended 1-15-07.


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