1. (1) The “formal written protest” required by Section 120.57(3)(b), F.S., is a petition that states with particularity the facts and law upon which the protest is based. The formal written protest shall contain the information specified in Section 120.54(5)(b)4., F.S., and in subsection 28-106.201(2), F.A.C. If the formal written protest is filed in proper form within the 72-hour period for filing a notice of protest, the formal written protest will also constitute the notice of protest. Thereafter, all time limits relative to formal written protests apply.

2. (2) Form of Petition.

   STATE OF FLORIDA

   DEPARTMENT OF ______

   XYZ CORPORATION,

   a corporation organized

   under the laws of Florida,

   Petitioner,

   vs. Case No.:_____

   STATE OF FLORIDA

   DEPARTMENT OF _____

   Respondent.

   _____/

   PETITION

   XYZ Corporation, a corporation organized under the laws of Florida, brings this petition against State of Florida Department of __________ and alleges:

   1. This is a bid protest under Section 120.57(3), F.S.

   2. Respondent issued an invitation to bid (ITB) entitled Bid No. _________.

   3. Petitioner submitted the low bid but Respondent rejected its bid for the stated reason that _________.

   4. The stated reason for rejection is erroneous because _________.

   5. (Additional relevant facts, if any)

   6. The facts that are in dispute between Petitioner and Respondent are: _________

   7. A copy of the bid tabulation is attached.

   8. (Applicable points of law.)

   Petitioner requests a hearing involving disputed issues of material fact and an order awarding the contract to Petitioner (or other relief).

   (Note: If the relevant facts are not in dispute the petition should so allege and request a hearing not involving disputed issues of material fact. The above allegations are illustrative. They should be altered to suit varying circumstances).

3. (3) The time allowed for filing a petition or a bond is not extended by mailing either document.

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.57(5) FS. History–New 4-1-97, Amended 1-15-07.