03-10-2009 Regular School Board Meeting
Agenda Item #34


Title
Entry of Final Order in Morse Communications Bid Protest; DOAH Case No. 08-5079-BID

Discussion

Morse Communications, Inc. ("Morse") protest the intended award of the contract for the Telephone Systems Maintenance and Installation Services Bid #09-005/LH to  Brevard Business Telephone Systems, Inc. ("BBTS"). An administrative hearing was held on December 15, 2008, and on February 10, 2009, the Honorable Susan B. Harrell, Administrative Law Judge, entered a Recommended Order in favor of the School Board and BBTS and recommends that the bid protest filed by Morse by denied. On February 20, 2009, Morse filed exceptions to the conclusions of law contained in paragraphs 37 and 42 of the Recommended Order as "contrary to record testimony". The conclusions of law in paragraph 37 and 42 of the Recommended Order are correct and supported by competent substantial evidence in the record and Morse's exceptions should be denied.

A copy of the Final Order is attached as Exhibit "A", the Recommended Order as Exhibit "B" and Morse's Exceptions as Exhibit "B".



Recommendation
Enter the Final Order dismissing the bid protest of Morse Communications, Inc.

Meeting Date(s)
Consent w/o Information - 3/10/2009

Authority for Action
Section 120.57(3), Florida Statutes

Involves Expenditure of Funds Directly in the Classroom
No

Source of Funding
Agenda Item will not Require the Expenditure of Funds

FY
Amount
Budgeted
Fund
Cost Center
Project
Function
Object
Program

Contact
Harold Bistline, School Board Attorney, x412


Attachment:  Final Order Exhibit A.pdf
Attachment:  Recommended Order Exhibit B.pdf
Attachment:  Morse's Exceptions Exhibit C.pdf