Certified Construction, Inc. v. Crawford

Summary

The Hawaiʻi Supreme Court held that Certified Construction’s protest challenged the County of Hawaiʻi’s disqualification of its bid, rather than the contents of the bid solicitation. Because the protest was filed within five working days after the disqualification, it was timely under Hawaiʻi Revised Statutes § 103D-701(a), and the Office of Administrative Hearings had jurisdiction to consider its merits. The court vacated the Intermediate Court of Appeals’ judgment and remanded for consideration of the remaining issues.

Holdings

1. A protest that asserts the solicitation was misinterpreted and misapplied, without seeking revision or invalidation of a solicitation term, challenges the disqualification of the bid rather than the contents of the solicitation.
2. Certified's protest was timely because it was submitted within five working days after Certified received notice of the disqualification.
3. Because Certified's protest was timely, the Office of Administrative Hearings had jurisdiction to consider the merits of the protest.

Questions Presented

1. Whether Certified Construction's protest challenged the contents of the bid solicitation or instead challenged the County's disqualification of its bid.
2. Whether Certified's protest was timely under HRS § 103D-701(a).
3. Whether the Office of Administrative Hearings had jurisdiction to consider the merits of Certified's protest.

Disposition

vacated