Hendry Corp. v. State, Department of Transportation

THOMPSON, Judge.

Hendry Corporation (Hendry) appeals a final order of the Department of Transportation (DOT) finding Hendry’s low bid non-responsive and awarding the contract to the second low bidder. Hendry contends, inter alia, that § 339.0805, Fla.Stat., on which DOT partially relied in reaching its decision that Hendry’s bid was nonre-sponsive, is unconstitutional. We affirm.

Section 339.0805 provides in part:(1) Except to the extent that the head of the department determines otherwise, not less than 10 percent of the amounts expended ... shall be expended with small business concerns owned…