Florida Department of Highway Safety & Motor Vehicles v. National Safety Commission, Inc.

VAN NORTWICK,

dissenting.

I read the contract provisions applicable here to grant to National Safety Commission, Inc. (NSC), a unilateral option to renew the contract awarded to it by the Florida Department of Highway Safety & Motor Vehicles (Contract) contingent upon NSC’s satisfactory service under the Contract. The record here is undisputed that the Department acknowledges that NSC satisfactorily performed all of its obligations under the Contract and that the Department’s decision to dispute the renewal was based on grounds other than NSC’s performance. Further, neither the applicable…