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Can The HDOT Correctly Solicit & Award A Highway Construction Contract

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  • Can The HDOT Correctly Solicit & Award A Highway Construction Contract

    There has been plans to widen Queen Kaahumanu highway between Kona Int'l Airport and Kealakehe Parkway. However due to bid award protests by the losing bidders the project
    remains in limbo.
    .

    This is a e-mail I sent to Sen. Kalani English, the Chairman of the Senate Transportation, International and Intergovernmental Affairs committee, about
    this debacle :

    “Aloha Sen. English,

    I would like to bring to your attention about the current bid award debacle involving Phase II of the Queen Kaahumanu highway widening (between Kealakehe Parkway and Kona Int’l Airport).This much needed roadway improvement is currently in limbo. The reason why is because the losing bidders have protested the two times that the project was awarded to Goodfellow Brothers.

    Three contractors have bid on this project (Kiewit Pacific Company, HDCC,and Maui based Goodfellow Brothers). During the first bidding process Kiewit and HDCC protested the bid award to Goodfellow. This resulted in a four month delay when the three bidders submitted their best and final offers.

    Goodfellow Brothers again was awarded the contract to widen Queen Kaahumanu last December. However HDCC again protested this bid award. The HDOT brought in the DCCA Office of Administrative Hearings to adjudicate this protest in February 2009.

    The OAH issued an unfavorable ruling in favor of HDCC on April 3rd, 2009.In response to this decision the HDOT terminated all three bids, and appealed the OAH decision to the First Circuit Court on Oahu. The HDOT’s thinking here is to cover all the bases. If the court overturns the OAH ruling the bid award to Goodfellow is sustained. But if the court rules against the HDOT, the new bidding process will allow the project to move forward also.

    However HDCC may have thrown a monkey wrench into the HDOT’s plans. It is my understanding HDCC has filed a formal protest in regards to the HDOT’s decision to terminate their bid.

    Thus in a nutshell, I urge you as Chairman of the Transportation, International and Intergovernmental Affairs committee to look into this matter. It deeply concerns me that in this case the HDOT can’t correctly solicit and award a highway construction contract.

    Sincerely,
    Aaron Stene”
    Check out my blog on Kona issues :
    The Kona Blog

  • #2
    Re: Can The HDOT Correctly Solicit & Award A Highway Construction Contract

    Nice. Calm and well reasoned and to the point. Did you send it to Sen. Green as well? As a freshman Senator he's on the lookout for issues in his district to solve so he can win one for the home team. While he doesn't have direct authority to force the issue, maybe he can get the parties to work out a deal. Same goes for Sen. English too. The Lege is deep in budget BS and last minute legislation. A call to Sen. Green after adjournement (hey HT thinks I'm misspelling that word lol) would probably be the most productive since he is your Senator... assuming that anything can be done about it, since if the complaint is legitimate the court process will have to play out.

    Unfortunately issues with procurement are pretty common in state departments and more so even in county departments. Our procurement law is pretty well written, but it isn't uncommon to read of incidents of procurement law violations, sometimes with or without the prompting of superiors, where the law is under or unenforced due to both ignorance AND malice. As a state we have a long way to go to live up to the aspirations of our law.

    So you've got my attention, but what's the story? Were there compelling reasons for the first complaint? Likewise for HDCC's new complaint.

    Comment


    • #3
      Re: Can The HDOT Correctly Solicit & Award A Highway Construction Contract

      These WHT articles here,here,and here should address your questions.

      I've been in contact with Sen. Green and my other representatives. However I don't think much can be done at this point. The recent OAH ruling has complicated things further.Thus the HDOT has decided to put the project out to bid a third time, terminate the second round bids and file an appeal with the First Circuit Court on Oahu to overturn the OAH ruling. But HDCC has filed another protest here fighting the termination of their latest bid.
      Check out my blog on Kona issues :
      The Kona Blog

      Comment


      • #4
        Re: Can The HDOT Correctly Solicit & Award A Highway Construction Contract

        Looks like there were issues with the procurement process. Maybe a different sort of letter would be better. One that requests full funded training for procurement officers coupled with an increase in penalties including and up-to termination for violating procurement law. As I said above, our procurement law is well-written and pretty clear, so I'm averse to saying that it's merely a training issue. There are definitely times where bids have been awarded improperly where the procurement officer knew better. For many years, and even to the present, Hawaii's procurement processes have been plagued by bribery both legal and otherwise, we need to send a clear message that this isn't the way to do business anymore. Otherwise, more important projects will get derailed and delayed just because some jerk decided to line their pockets.

        Comment


        • #5
          Re: Can The HDOT Correctly Solicit & Award A Highway Construction Contract

          At this point I'm just frustrated that the bidding process has dragged on for this long. If the bidding process was done correctly this much needed roadway project would've already been under construction.
          Check out my blog on Kona issues :
          The Kona Blog

          Comment


          • #6
            Re: Can The HDOT Correctly Solicit & Award A Highway Construction Contract

            Couldn't agree with you more. Every time a procurement officer or their superiors screw up the process everything goes to hell. Worse yet they're usually not the ones who suffer for it. That privilege goes to those residents who needed the project done. Maybe they should make the HDOT employees responsible for the screwup live in Kona . Maybe then they'll understand the true human cost of their shortcuts and backroom deals.

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