STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

Haydon Burns Building 605 Suwannee Street Tallahassee, Florida

FLUOR-ASTALDI-MCM, Joint Venture

Petitioner,

vs.

DEPARTMENT OF TRANSPORTATION,

Respondent,

And

ARCHER WESTERN-DE MOYA, Joint Venture,

Intervenor.

DOAH CASE NO: 17-5800BID DOT CASE NO: 17-030

FINAL ORDER

On May 12, 2017, the Department of Transportation (Department) posted its notice of

intended award of Public Private Partnership (P3) contract number E6J53 for the design and

construction of improvements to SR 836/1-395/1-95 in Miami Dade County, District 6. The notice

indicated that the intended award would be to ARCHER WESTERN- DE MOYA, Joint Venture

(AWD). FLUOR-ASTALDI-MCM, Joint Venture (FAM) filed a Notice of Protest on May 17,

2017, July 3, 2012, with a protest bond. FAM filed a formal protest on May 26, 2017.

This matter was referred to the Division of Administrative Hearings (DOAH) on October

19, 2017, for assignment of an administrative law judge and a formal hearing. An administrative

hearing was held in Tallahassee, Florida, on November 16, December 4 through 8, 13, 15 and

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Filed April 30, 2018 4:44 PM Division of Administrative Hearings

December 18 through December 21, 2017, before Hetal Desai, a duly appointed administrative

law judge.

For Petitioner:

For Respondent:

For Intervenor:

Brian Newman, Esq. Brandice Dickson, Esq. Kathryn Hood, Esq. Pennington Law, P.A. 215 S. Monroe Street, 2nd Floor Tallahassee, Florida 32301

Donna Blanton, Esq. Jeffrey Frehn, Esq. Brittany Adams Long, Esq. Radey Law Firm 301 S. Bronough Street, Suite 200 Tallahassee, Florida 32301

W. Robert Vezina, III, Esq. Eduardo Lombard, Esq. Vezina, Lawrence & Piscitelli, P .A. 413 East Park A venue Tallahassee, Florida 32301

1. A full de novo hearing was conducted on this matter, and Administrative Law Judge Desai

entered a Recommended Order on April10, 2018.

2. The Recommended Order found and concluded the procurement was conducted in full

compliance with all applicable laws, and the award to AWD did not violate the agency's governing

statutes, rules or policies, or the solicitation specifications.

3. The recommendation further addressed and found the language of the RFP identifying the

preliminary nature of the bidder's drawings and designs and the Written Confirmation Letter was

not erroneous.

4. On April18, 2018, FAM filed a Notice ofVoluntary Dismissal.

5. No exceptions were filed.

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6. On April30, 2018, the Department filed a Motion for Costs in the amount of$12,663 as

the prevailing party.

ORDER

Based upon the foregoing, it is

ORDERED that the notice of protest and formal protest filed by FLUOR-ASTALDI-

MCM, Joint Venture, challenging the award of contract E6J53is hereby dismissed and the award

ofthe contract is granted to ARCHER WESTERN-DE MOYA, Joint Venture. It is further

ORDERED that the motion for costs by the Department of Transportation is granted.

FLUOR-ASTALDI-MCM, Joint Venture, shall pay the sum of$12,663 to the Department within

30 days of the date of this order or the amount shall be deducted from the bond posted by FLUOR-

ASTALDI-MCM, Joint Venture.

DONE AND ORDERED this ?£)-ttl. day of Aa0 ( , 2018.

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MIKE DEW Secretary Department of Transportation 605 Suwannee Street Haydon Bums Building Tallahassee, Florida 32399-0458

-

NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES 9.100 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, M.S. 58, TALLAHASSEE, FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS ORDER.

Copies furnished to:

Department of Transportation Haydon Bums Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458

Hetal Desai Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060

Nadine Chinapoo Procurement Services Manager Department of Transportation, District 6 1000 NW Ill th Avenue Miami, Florida 33172

Brian Newman, Esquire Brandice Dickson, Esquire Kathryn Hood, Esquire Pennington Law, P.A. 215 S. Monroe Street, 2nd Floor Tallahassee, Florida 32301 brian@penningtonlaw.com brandi c, ,penningtonlaw.com khood ,penningtonlaw.com

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W. Rob Vezina, Esq. Eduardo Lombard, Esq. Vezina, Lawrence & Piscitelli, P .A. 413 East Park Avenue Tallahassee, Florida 32301 rvezina ,vlplaw.com elombard@vlplaw.com

Donna Blanton, Esq. Jeffrey Frehn, Esq. Brittany Adams Long, Esq. Radey Law Firm 301 S. Bronaugh Street, Suite 200 Tallahassee, Florida 32301 dblanton@radeylaw.com jfrehn .radevlaw.com balong@radeylaw.com

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