ALPHA, INC., Petitioner and Respondent/Appellant-Appellant, vs. BOARD OF WATER SUPPLY, CITY AND COUNTY OF HONOLULU, Respondent and Petitioner/Appellee-Appellee, and OFFICE OF ADMINSITRATIVE HEARINGS, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, STATE OF HAWAIʻI, Respondent/Appellee-Appellee, and BEYLIK/ENERGETIC A JV, Respondent/Appellee-Intervenor-Appellee.

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The above-captioned case was set for oral argument on the merits at:

Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument was also livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ʻŌlelo Community Television olelo.org/tv-schedule/.

Attorneys for Petitioner and Respondent/Appellant-Appellant ALPHA, INC.:

     Jeffrey M. Osterkamp and Kirk M. Neste of Cades Schutte

Attorneys for Respondent and Petitioner/Appellee-Appellee BOARD OF WATER SUPPLY, CITY AND COUNTY OF HONOLULU:

Joseph A. Stewart, Aaron R. Mun, and Stephen G.K. Kaneshiro of Kobayashi Sugita & Goda, LLP, and Moana A. Yost and Jeff A. Lau, Deputies Corporation Counsel

Attorneys for Respondent/Appellee-Intervenor-Appellee BEYLIK/ENERGETIC A JV:

      Lyle S. Hosoda, Kourtney H. Wong, and Spencer J. Lau of Hosoda Law Group

NOTE:     Order accepting Applications for Writ of Certiorari, filed 05/30/24.

NOTE:     Amended Notice of Setting for Oral Argument due to rescheduling from 07/02/24 at 9:00 A.M. to 07/23/24 at 9:00 A.M., filed 07/01/24.

COURT:    Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens.

Brief Description:

This case is a procurement dispute between Alpha, Inc. (Alpha), a bidder, and the Board of Water Supply, City and County of Honolulu (BWS), the procuring agency.  BWS solicited bids for a contract to drill three wells.  Alpha was the low bidder, but BWS found its bid nonresponsive.  BWS awarded the contract to a different company. 

Both Alpha and BWS present questions for this court’s review.  Alpha argues that it was qualified to perform the work, so BWS erred by finding its bid nonresponsive.  BWS argues that Alpha could not appeal its disqualification of Alpha’s bid to an administrative hearings officer.  BWS contends that under Hawai‘i Revised Statutes § 103D-709(d), the hearings officer lacked jurisdiction over Alpha’s appeal.