Caber Systems, Inc. v. Department of General Services

I agree with the majority that the Department “is subject to sharp criticism.” Something more is needed, however, in view of the agency’s asserted right to avoid the statutory procedures for resolution of bidding controversies. I cannot agree that the agency has the option of either following the statute (stay and prompt hearing of bid protest) or of rejecting all bids, rendering the bid protest moot. Section 120.-53(5)(c), Florida Statutes, provides:(c) Upon receipt of a notice of protest which has been timely filed, the agency shall stop the bid solicitation process or the contract award…