MARSH USA, INC.
v.
ARTHUR J. GALLAGHER RISK MANAGMENT SERVICES, INC., ETC., AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
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Marsh USA, Inc. appealed a School Board of Miami-Dade County's administrative order rejecting its contract award under a request for proposals. The court dismissed the appeal because Marsh failed to file a timely notice of protest within seventy-two hours after the bid reopening, thereby waiving its right to pursue administrative proceedings.
Marsh waived its right to pursue this administrative appeal by failing to comply with the statutory requirement to file a notice of protest in writing within seventy-two hours after the posting of the reopened solicitation and by failing to file a formal written protest within ten days thereafter.
[1] Failure to file a notice of protest in writing within seventy-two hours after posting of a solicitation constitutes a waiver of the right to pursue administrative proceed…
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Citation to § 120.57(3)(b), Fla. Stat. (2021), establishing the procedural requirement
The School Board issued a final administrative order rejecting Marsh's contract award and subsequently reopened the bidding process. Marsh failed to f…
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PER CURIAM.
UPON MOTION TO DISMISS
Appellant, Marsh USA, Inc., challenges a final administrative order by appellee, the School Board of Miami-Dade County, adopting exceptions to a recommended order by an administrative law judge and rejecting an award of a contract pursuant to a request for proposals. After it issued the challenged order, the School Board reopened the bidding process. Because Marsh failed to subsequently file a notice of protest in writing within seventy-two hours of the bid reopening and further failed to file a formal written protest, it has waived its right to pursue this appeal. See § 120.57(3)(b), Fla. Stat. (2021) (“[T]he notice of protest shall be filed in writing within [seventy-two] hours after the posting of the solicitation. The formal written protest shall be filed within [ten] days after the date the notice of protest is filed.
Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter.”); see also Lund v. Dep’t of Health, 708 So. 2d 645, 647 (Fla. 1st DCA 1998) (“[T]he possibility of an attorney’s fee award under section 120.595(5) is not a collateral legal consequence which would preclude dismissal when the death of a party renders the appeal moot.”); Ruck v. State, Bd. of Pro. Eng’rs, 956 So. 2d 469, 469 (Fla. 1st DCA 2006) (“[W]e reject appellant’s argument that we should decide the case on the merits for the sole purpose of determining his right to attorney’s fees pursuant to section 120.595(5), Florida Statutes.”).
Hence, we dismiss the appeal.
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lund v. Dep't OF Health, 708 So. 2d 645 (Fla. 1st DCA 1998)
- Ruck v. State, 956 So. 2d 469 (Fla. 1st DCA 2006)