Certified Construction, Inc. v. Crawford

369 P.3d 864, 137 Haw. 281
Hawaii Intermediate Court of Appeals·Decided March 21, 2016·No. Civil No. 14-1-0303; Civil No. 14-1-0200; Nos. CAAP-14-0001160, CAAP-14-0001190·Published

Opinions

Opinion of the Court by

GINOZA, J.

In this case, we address consolidated appeals related to a bid protest by Petitioner-Appellant/Appellee Certified Construction, Inc, (CCI) for a County of Hawaii public works project.

In appellate case no, CAAP-14-0001190, RespondenL-Appellee/Appellant N ancy Crawford, as Director of the Department of Finance, County of Hawaii (County) appeals from a Final Judgment entered by the Circuit Court of the Third Circuit (Circuit Court)1 pursuant to an order entered on June 16, 2014 (6/16/14 Order), which reversed a “Hearings Officer’s Findings of Fact, Conclusions of Law and Decision,” entered on May 8, 2014 (5/8/14 Hearings Officer Decision). In the 5/8/14 Hearings Officer Decision, the Healings Officer with the Department of Commerce and Consumer Affairs (DCCA)2 dismissed this case based on a determination that CCI’s protest was untimely and that the Healings Officer therefore did not have jurisdiction to hear the matter. The Circuit Court reversed, ruling instead that CCI’s protest was timely, and therefore the court remanded the case to the Hearings Officer.

In the County’s points of error in CAAP-14-0001190, it contends that the Circuit Court: (1) erroneously ruled that the protest filed by CCI was timely and that the Hearings Officer had jurisdiction to review the protest; and (2) erred in reversing the Hearings Officer’s ruling that the bid solicitation documents for the project did not require the listing of a C-44 licensed sheet metal contractor.

In appellate case no. CAAP-14-0001160, CCI appeals with regard to an order by the Circuit Court filed on September 19, 2014 (9/19/14 Order), which affirmed decisions that had been entered by the Hearings Officer3 during the remand from the Circuit Court.

In CCI’s points of error for its appeal in CAAP-14-0001160, it contends that the Circuit Court erred in affirming the Hearings Officer because the Hearings Officer incorrectly concluded that: (1) there is no jurisdiction in this matter to consider CCI’s claim that the County must defer to the opinion of the Contractors Licensing Board or to consider the Contractors Licensing Board’s opinion; (2) CCI cannot utilize the Contractors Licensing Board’s opinion to determine an issue related to a gooseneck hood ventilator; (3) the County did not agree to defer to a ruling of the Contractors Licensing Board; and (4) any assertion by CCI that the installation of the ventilators was incidental and supplemental to its roofing work is an admis[283]*283sion that installation of the ventilators was not covered by CCI’s C-42 license.

For the reasons discussed below, we conclude that CCI’s bid protest was untimely under Hawaii Revised Statutes (HRS) § 108D-701(a) (2012) and therefore the Hearings Officer did not have jurisdiction to hear this matter.

I. BACKGROUND

On December 24, 2013, the County, through its Director of the Department of Public Works, published a “Proposal and Specifications for Reroofing for Fire Maintenance Shop & Fire Dispatch/Warehouse Job No. B-4190” (Bid Solicitation). The Bid Solicitation called for “SEALED BIDS for furnishing all tools, equipment, materials and labor necessary for the construction of ‘RE-ROOFING FOR FIRE MAINTENANCE SHOP & FIRE DISPATCH/WAREHOUSE,’ Job No. B-4190, South Hilo, Ha-wai‘i[.]” Sealed bids were to be accepted until February 6, 2014. The Bid Solicitation specifies that “[t]o be eligible to submit a bid, the Bidder must possess a valid State of Hawaii, General Contractor’s License ‘B’. See Special Notice to Bidders for additional licensing requirements.” (Emphasis in original.)

The “Special Notice to Bidders” (Special Notice to Bidders) was attached to the Bid Solicitation and states in part:

Each of the following specialty contractor classifications listed in the table below have been determined by the County of Hawaii as qualified to perform all of the work on this project based on the project’s scope and the County’s understanding of the State’s licensing requirements and specialty contractor classifications’ scopes of work. By way of the minimum licensing requirement stated for this project, no additional specialty contractor classifications are required to perform the work; however, the Bidder may list additional licensed subcontractors at its discretion.

Immediately below this statement is a table for “Specialty Contractor Classification & Scope of Work” which lists “C-33 Painting and decorating contractor,” “C-44 Sheet metal contractor,” and “C-48 Structural steel contractor.” (Emphasis added.) Below the listing of specialty contractor classifications is a section titled “SPECIAL INSTRUCTIONS TO BIDDERS REGARDING SPECIALTY CONTRACTOR CLASSIFICATIONS AND REGARDING JOINT CONTRACTORS & SUBCONTRACTORS[,]” (Special Instructions) which provides in pertinent part:

1) Bidder shall be intimately familiar with the scopes of work each specialty contractor classification is licensed to perform under Hawaii Administrative Rules § 16-77, the scope of work established for this project, and how the specialty contractor classifications’ licenses apply in the proper execution and fulfillment of the project’s scope of work.
2) In the circumstance where a specialty contractor classification license listed in the above table may be deemed unnecessary by a Bidder due to its intent to employ a plausible alternative means or method, the Bidder shall in its Proposal clearly state such intent and provide a detailed plan that meets with the satisfaction of the Director. The Director reserves the sole discretion and right to determine whether the Bidder’s proposed justification for not listing the required license is acceptable.
3) In the circumstance where the Bidder is licensed in one or more specialty contractor classifications required of the project (whether automatically as a general engineering contractor “A”, general building contractor “B”, or outright) and it intends to perform all or some of the work of those classifications using its own workforce, the Bidder shall, in its Proposal, list itself accordingly and in consideration of the balance of the instructions herein provided.
4) In the circumstance where a specialty contractor classification required in the above table may, in part or in whole (as applicable to the classification’s scope of work), be within the licensed scope of work of another listed specialty contractor classification (e.g. overlapping scopes of licenses), the Bidder shall clearly de-[284]*284linéate in its Proposal the extent of each subcontractor’s responsibility on the project such that the Director can reasonably determine which classification is responsible for the corresponding scopes. Where a listed specialty contractor classification is rendered completely unnecessary due to overlapping scopes of work, the Bidder, in its Proposal, shall clearly state such as the reason for not listing that respective entity in its Proposal.
[[Image here]]

Free access — add to your briefcase to read the full text and ask questions with AI

Certified Construction, Inc. v. Crawford, 369 P.3d 864, 137 Haw. 281 (hawapp 2016).

369 P.3d 864 (Certified Construction, Inc. v. Crawford) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Carl Corp. v. State, Department of Education
946 P.2d 1 (Hawaii Supreme Court, 1997)
Southern Foods Group, L.P. v. State, Department of Education
974 P.2d 1033 (Hawaii Supreme Court, 1999)
Carl Corp. v. State, Department of Education
997 P.2d 567 (Hawaii Supreme Court, 2000)
Price v. ZONING BD. OF APP. OF HONOLULU
883 P.2d 629 (Hawaii Supreme Court, 1994)