Professional Documents
Culture Documents
DEPARTMENT OF TRANSPORTATION
Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida
FLUOR-ASTALDI-MCM,
Joint Venture
Petitioner,
DEPARTMENT OF TRANSPORTATION,
Respondent,
And
Intervenor.
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
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
law judge.
1. A full de novo hearing was conducted on this matter, and Administrative Law Judge Desai
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
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.
2
6. On April30, 2018, the Department filed a Motion for Costs in the amount of$12,663 as
ORDER
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
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-
MIKE DEW
Secretary
Department of Transportation
605 Suwannee Street
Haydon Bums Building
Tallahassee, Florida 32399-0458
3
NOTICE OF RIGHT TO APPEAL
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
4
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