53 So. 3d 1188
Fla. Dist. Ct. App.2011Background
- Academy Express, LLC filed a bid protest against Broward County over an award to Limousines of South Florida, Inc. for a bus shuttle contract.
- The Broward County Procurement Code used an RLI process to shortlist vendors, interview, and negotiate a final contract.
- Four vendors, including Academy, were shortlisted; they were scored and ranked, resulting in a tie between Academy and LSF, which was broken in LSF's favor.
- Academy alleged LSF misrepresented its qualifications in its letter of interest; the protest procedures allowed misrepresentation claims to be reviewed only at County discretion and not as a protest.
- The circuit court dismissed Academy’s count I complaint for failure to state a cause of action; the appellate court affirmed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint states arbitrary and capricious action. | Academy argues County misused criteria and relied on misrepresentations. | Broward contends misrepresentation is not a protest issue under the Code and agency discretion applies. | Dismissed; no per se arbitrary action shown. |
| Whether misrepresentation by a vendor can support a bid protest. | LSF misrepresented qualifications; protest should address this. | Code reserves misrepresentation for evaluator discretion, not for protest remedy. | Dismissed; misrepresentation falls outside protest scope. |
| What is the appropriate standard of review for a declaratory relief challenge in procurement decisions? | Abuse of discretion review supports reversal for arbitrary action. | Wide agency discretion means deference; not easily reversed. | Abuse of discretion standard governs declaratory relief in this context. |
| Did the procurement process's lack of explicit findings on rankings affect the outcome? | Failure to articulate ranking rationale could show arbitrariness. | Procurement Code does not require such findings. | Not sufficient to sustain a claim; dismissal affirmed. |
Key Cases Cited
- Emerald Corr. Mgmt. v. Bay Cnty. Bd. of Cnty. Comm’rs, 955 So.2d 647 (Fla. 1st DCA 2007) (arbitrary and capricious standard; procurement discretion)
- N & D Holding, Inc. v. Town of Davie, 17 So.3d 819 (Fla. 4th DCA 2009) (abuse of discretion standard for declaratory relief)