Angry Beards
An angry unpaid subcontractor's instrument for relief
What is a Payment Bond?
Against decades of established precedent holding that standing is limited to "interested persons," this case also interpreted that at least 3 engineers' proposals were required to be submitted before the procurement could proceed validly.
What is Asato v. State Procurement Policy Board?
A must-do activity prior to deciding between a Design-Bid-Build and Design-Build type of delivery model for a project.
What is "do a risk assessment for each delivery method"?
Proposals are opened so as to avoid disclosure of contents of competitors under this procurement process (source selection).
What is Competitive Sealed Proposals
An angry unsuccessful offeror has 5 working days to do this.
What is file a bid protest?
Type of (potentially undeserved) recovery due when this formula bearing a Teutonic name is applied.
What is Unabsorbed Overhead?
A group of people who have the right qualifications to mete out very influential recommendations and outcome of submitted proposals.
What is an evaluation committee?
It was to (1) provide for fair and equitable treatment of all persons dealing with the procurement system; (2) foster broad-based competition, accountability, fiscal responsibility and efficiency; and (3) increase confidence in the system.
What is the Legislative Intent of the Hawaii Public Procurement Code?
An angry unsuccessful offeror has 7 days to do this.
What is appeal an agency protest finding to the DCCA?
DOUBLE JEOPARDY!! Under which, favoritism of sorts is bestowed on those whom Mr. Akira Fujita terms as "squares". (Hint: bears a girl's name in plural.)
What is Brooks Act?
A numerical rating system must be utilized.
What is Evaluation of RFP Proposals?
Under this case, a construction bidder’s failure to include who will perform what work in the bid will deem the bid nonresponsive and (arguably) creates opportunistic opportunities for bid protests.
What is Okada v. Board of Water Supply (on Subcontractor Listing)?
A bid protester prevails on the protest, but is not awarded the contract; instead, the City cancels the solicitation altogether. The City responds to the angry bid protester that its cancellation of the solicitation is an allowed remedy under this category of remedies.
What is Remedies before Award?
An unforeseen underground pipe is found and must be removed immediately to finish the project on time, but a disagreement on pricing prevents the work to continue (to the contractor's glee).
What is the HAR Price Adjustment Provision (HAR 3-122-13, "Price Adjustment")?
DAILY DOUBLE!! A Hawaii-based lawyer submits a proposal for a government contract under this type of solicitation or source method.
What is an RFQ or Qualifications-Based Solicitation?
A bid protester prevails on the protest, but is not awarded the contract; instead the City determines that it is in the best interest of the public to continue with the existing contractor.
What is Remedies After Award?
In an RFP or RFQ, an action requested by an angry unsuccessful offeror that can defer the original bid protest due date to after this requested action.
What is debriefing?
What is Buy America?
The offeror is asked to demonstrate that it has the capability to perform fully the contract offered.
What is Responsibility?