Appeal of MICHAEL A. FABRIZIO, on behalf of Independent Coach Corporation, from action of the Board of Education of the Hewlett-Woodmere Union Free School District regarding the award of a contract.

Decision No. 18,440

(July 15, 2024)

Volz & Vigliotta, PLLC, attorneys for respondent, David H. Arntsen and Sarah A. Gyimah, Esqs., of counsel

ROSA., Commissioner.--Petitioner, the Vice President of Independent Coach Corporation (“ICC”), appeals a determination of the Board of Education of the Hewlett-Woodmere Union Free School District (“respondent”) regarding the award of a transportation contract.  The appeal must be dismissed.

On or about December 12, 2023, respondent advertised a request for proposals (the “RFP”) concerning van transportation to public and nonpublic a schools for the 2024-2025 through 2028-2029 school years in Newsday, a daily newspaper published in Suffolk County and circulated throughout Queens, Nassau, and Suffolk Counties.  Respondent received proposals from three companies: ICC, Guardian Bus Company, Inc. (“Guardian”), and Sunbright Transportation (“Sunbright”).  The evaluation committee recommended that transportation contracts be awarded to each of the three companies on a vehicle-by-vehicle basis, in accordance with the RFP.  This appeal ensued.

Petitioner complains of several alleged deficiencies in the RFP.  He requests that I void the RFP and require respondent to conduct another RFP, “correcting the ambiguities in its specifications.”

Respondent contends that the appeal must be dismissed for improper service, as untimely, and for failure to name necessary parties. 

The appeal must be dismissed as untimely.  An appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any delay is excused by the Commissioner for good cause shown (8 NYCRR 275.16; Appeal of Saxena, 57 Ed Dept Rep, Decision No. 17,239; Appeal of Lippolt, 48 id. 457, Decision No. 15,914).  Here, respondent approved the RFP award at its regular board meeting held on March 20, 2024.  This provided petitioner with actual or constructive notice thereof (Appeal of Moss and Jackson, 61 Ed Dept Rep, Decision No. 18,064).  Petitioner served the appeal on April 29, 2024, which was 10 days late.  Therefore, I am constrained to dismiss the petition as untimely.

Additionally, the petition must be dismissed for failure to join necessary parties.  A person or entity whose rights would be adversely affected by a determination in favor of a petitioner is a necessary party and must be joined as such.  Joinder requires that a party be clearly named in the caption of the appeal and served with a copy of the notice of petition and petition (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of Murray, 48 id. 517, Decision No. 15,934).  Were I to grant petitioner’s requested relief that the contract be voided, the rights of the other contract awardees, Guardian and Sunbright, would be affected.  Petitioner did not name or serve either of the awardees.  Accordingly, the petition must be dismissed for failure to join necessary parties.

In light of this disposition, I need not address the parties’ remaining contentions.

THE APPEAL IS DISMISSED. 

END OF FILE