HRS 0103D-0302 ANNOTATIONS

Bidder’s submission of two bids in a sealed competitive bidding process that permitted submission of only one bid was a material deviation from the bid solicitation special conditions and nonresponsive; bid thus properly rejected. 89 H. 443, 974 P.2d 1033.

Question of whether construction company complied with the bidding process requirements of this section was not moot as it involved a matter of public concern and was capable of repetition, yet likely to evade appellate review. 99 H. 191, 53 P.3d 799.

As prerequisites for board of water supply's exercise of its authority to waive the mandatory subcontractor listing requirement under subsection (b) were indisputably present where board determined that it was in the best interest of the State to do so, hearings officer erred in interpreting subsection (b) to preclude waiver of a bidder's failure to list a subcontractor who had not been "lined up" prior to bid opening. 101 H. 68 (App.), 62 P.3d 631.

Where contractor was required to use a licensed plumbing subcontractor for the project and it was undisputed that contractor did not name in its bid a person or firm to be engaged by it as a plumbing subcontractor for the project, contractor's bid was nonresponsive. 101 H. 68 (App.), 62 P.3d 631.

Where the record amply indicated that contractor had the capability "in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance", it was therefore a "responsible bidder" within the meaning of §103D-104 and this section. 101 H. 68 (App.), 62 P.3d 631.