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Special Meeting/Workshop - No Division Assigned

Title: Special Mtg. to Delegate Hearing Officer

Recommendation:

I recommend that the School Board 1) deny the Request for Formal Hearing filed by LM  Engineering, Inc., 2) delegate to the Chief Counsel authority to appoint a hearing officer, who is a member in good standing of the Florida Bar, to conduct an informal hearing on the “Petition – Formal Protest” filed with the School Board by LM Engineering, Inc. on March 9, 2006, and 4) authorize the Chief Counsel the authority to settle this matter if necessary.

Description:

  • On March 9, 2006, LM Engineering, Inc. d/b/a GFA International, filed a Petition- Formal Protest regarding the evaluation process of the award of Continuing Contracts involving Construction Testing and Geotechnical Services.
  • Essentially, LM Engineering’s Petition alleges the following:
  • There are no disputed issues of fact;
  • The School Board’s method of awarding points for M/WBE certification is contrary to the School Board’s Bid Specifications; and
  • The School Board’s method of awarding points is arbitrary, illogical, and unreasonable.
  • Although LM Engineering alleges in its Petition that there are no disputed issues of fact and requests a hearing on same, on March 27, 2006, it filed with the School Board a Request for Formal Hearing.
  • Rule 28-106, Florida Administrative Code states that if a petition does not set forth dispute issues of material fact, the agency shall refer the matter to the presiding officer designated by the agency with a request that the matter be scheduled for a proceeding not involving disputed issues of material fact.
  • Additionally, School Board Policy 6.14.4.h.i. states that if there is no disputed issue of material fact, an informal proceeding shall be conducted.
  • LM Engineering’s Request for Formal Hearing must be denied because LM Engineering’s Petition does not set forth disputed issues of material fact.

Financial Impact:
TBD

For Additional Information, contact:

Gerald A. Williams, Esq., Chief Counsel (williamsg@palmbeach.k12.fl.us)

Kathelyn Jacques-Adams, Esq.

 

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