Florida District Courts of Appeal, 2000

Nippon Carbide Industries (USA), Inc. v. State, Department of Transportation

Nippon Carbide Industries (USA), Inc. v. State, Department of Transportation
Florida District Courts of Appeal · Decided April 12, 2000 · Browning, Kahn, Miner
755 So. 2d 190; 2000 Fla. App. LEXIS 4233; 2000 WL 369807 (Southern Reporter, Second Series)

Nippon Carbide Industries (USA), Inc. v. State, Department of Transportation

Opinion of the Court

PER CURIAM.

Nippon Carbide Industries, Inc. (NCI) appeals an order rejecting its bid protest relating to a bid on reflective sheeting. Though NCI was the apparent low bidder, the Florida Department of Transportation concluded the bid was non-responsive because the bid did not meet the specifications of the Department’s invitation to bid. NCI filed a bid protest and sought a formal administrative hearing. Based on the evidence adduced at hearing, the administrative law judge concluded that NCI did not meet its burden of “demonstrating that the proposed agency action is ‘clearly erroneous, contrary to competition, arbitrary, or capricious.’ ” See § 120.57(3)(f), Fla. Stat. (Supp. 1998); see also GTECH Corp. v. State, Dep’t of the Lottery, 737 So.2d 615, 619 (Fla. 1st DCA 1999). Because competent substantial evidence supports the administrative law judge’s findings, we affirm. See State Contracting and Eng’g Corp. v. Department of Transp., 709 So.2d 607, 609 (Fla. 1st DCA 1998); Hubbard Constr. Co. v. Department of Transp., 642 So.2d 1192, 1192 (Fla. 1st DCA 1994).

AFFIRMED.

MINER, KAHN and BROWNING, JJ., CONCUR.

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