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IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--OKADA TRUCKING CO., LTD., Petitioner-Appellee-Petitioner, vs. BOARD OF WATER SUPPLY, CITY AND COUNTY OF HONOLULU, Respondent-Appellee-Respondent, and INTER ISLAND ENVIRONMENTAL SERVICES, INC., Intervenor-Repondent-Appellant-Respondent. NO. 22956 CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (DOCKET NO. PCH-99-11) JANUARY 28, 2002 MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, AND ACOBA, JJ. OPINION OF THE COURT BY LEVINSON, J. We granted the application for a writ of certiorari filed by the petitioner-appellee-petitioner Okada Trucking Co., Ltd., [hereinafter, "Okada Trucking"], to review the published decision of the Intermediate Court of Appeals (ICA) in Okada Trucking Co, Inc. v. Board of Water Supply, No. 22956 (Haw. Ct. App. March 20, 2001) [hereinafter, the "ICA's opinion"].1 In its

The ICA's opinion was authored by the Honorable Corinne K.A. Watanabe and joined by Chief Judge James S. Burns and the Honorable Daniel R. Foley.

1

opinion, the ICA held that the administrative hearings officer, who reviewed the decision of the respondent-appellee-respondent City and County of Honolulu Board of Water Supply [hereinafter, "the BWS"] to award a construction contract to the intervenorrespondent-appellant-respondent Inter Island Environmental Systems, Inc., [hereinafter, "Inter Island"], erroneously determined that Inter Island was not a "responsible" bidder and had submitted a "non-responsive" bid in connection with an invitation for bids that the BWS had issued, pursuant to the Hawai#i Public Procurement Code, HRS ch. 103D (1993 & Supp. 2000), in order to procure a contractor to construct a booster station.2 ICA's opinion at 3-4. According to the ICA, the

hearings officer erroneously found that the project for which the BWS had invited bids required the use of a plumbing subcontractor who held a "C-37" specialty contracting license. Id. at 4.

Insofar as the project, in the ICA's view, did not entail work

The Procurement Code applies "to all procurement contracts made by governmental bodies[.]" HRS

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Hawaii Law