[Download] "C.H. Barco Contracting Company v. State Florida" by First District. District Court of Appeal of Florida * eBook PDF Kindle ePub Free
eBook details
- Title: C.H. Barco Contracting Company v. State Florida
- Author : First District. District Court of Appeal of Florida
- Release Date : January 12, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
C.H. Barco Contracting Company (Barco) appeals the rejection of its bid for three road construction projects in Duval County. The Department of Transportation, by final order rendered June 26, 1985, rejected the bids submitted by Barco and awarded the subject contracts to the second low bidder. Barco seeks review of the Department's determination that Barco's bid was non-responsive because it failed to meet the Department's minority participation goals or demonstrate that it made a good faith effort to meet those goals. The Department advertised and accepted bid submissions for three road construction projects in Duval County, Florida. When the bids were opened December 5, 1984, Barco was the apparent low bidder on all three projects. However, as Barco did not meet the Department's goal for participation by disadvantaged business enterprises (DBEs) pursuant to section 339.0805, Florida Statutes (1984 supp.), Barco was required to demonstrate that it had made a good faith effort to meet the contract goals. The Department set percentage goals for DBE participation in the respective projects as follows: Project 3510--10%; Project 3511--12%; and Project 3512--15%. Barco's bid submission proposed zero percent DBE participation in all three projects.1{/Cite} Of the four ranked bidders, the second and third low bidder met or exceeded the DBE goals on each of the three projects while the fourth low bidder proposed DBE participation of 4.6%, 6.59% and 12.65%, for the respective projects. The Department issued a notice of intent to award contract to Wiley N. Jackson Company (Jackson), the second low bidder, and Barco timely filed a notice of protest pursuant to section 120.53(5), Fla.Stat. A section 120.57(1) hearing was held and the hearing officer entered a recommended order rejecting Barco's protest and affirming the Department's decision to award the contracts to Jackson. The Department entered a final order adopting the recommended order and this appeal ensued.