Hillsborough County Public Schools Superintendent Office
Action Item

DATE: Tuesday, March 9, 2010
TO: School Board Members
FROM: MaryEllen Elia, Superintendent

SUBJECT / RECOMMENDATIONS

Conduct Hearing on the Recommended Order Issued by the Florida Division of Administrative Hearings (“DOAH”) in the Bid Protest filed by RHC and Associates, Inc. A (DOAH Case Number 09-6060BID)

EXECUTIVE SUMMARY

On November 18, 2009, RHC and Associates filed a formal protest of the School Board’s HVAC projects Engineers final ranking decision dated October 7, 2009. The School Board filed a motion to dismiss the protest on several grounds. Bid protests are governed by Florida Statute Chapter 120. Pursuant to that law the School Board referred the protest to DOAH for assignment of a hearing officer, hearing, and recommended order. On January 20, 2010, the administrative law judge assigned by DOAH entered a recommended order granting the Board’s motion and dismissing the protest. RHC has filed exceptions to this recommended order and the School Board has responded to those exceptions. The Board must consider those exceptions and the recommended order in a public hearing. The hearing is not an evidentiary hearing. Neither RHC nor the School Board has requested oral argument. The School Board’s considerations will be limited to the recommended order and the relevant portion of the record.

Because the School Board attorney presented the School Board’s case before DOAH, he cannot act as the legal advisor to the School Board in this hearing. Karen Gabbadon, Esquire of the firm of Stiles, Taylor & Grace will serve as the School Board’s legal advisor for this hearing.

ANNUAL DISTRICT GOAL(S) AND CRITICAL SUCCESS FACTOR(S)

FINANCIAL IMPACT (Budgeted: No)

N/A

EVALUATION

SUBMITTED BY:



Thomas M. Gonzalez
School Board Attorney
(813) 273-0050
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Hillsborough County Public Schools (Florida) * Mtg.#20100309_395 * Section E Item# 1