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COM 0041.001 1996-1998
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COM 0041.001 1996-1998
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5/12/2008 12:54:16 PM
Creation date
5/10/2008 7:42:26 PM
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Communications
Communications - Type
COM
Communications - Council Term
1996-1998
Communication
0041
Point
001
Author
Michael J. Allen, President, Environmental Recycling & Refuse Disposal
Communications - Referred To
FC
Comments
Presented: FC - 1/7/97
Communications - File Code
FND/OPR
Document Relationships
COM 0041.000 1996-1998
(Related)
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\Council Records\Communications\1996-1998
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<br /> ER Complaint - Missappropriation of State Glass Container Tax Page 5 <br /> Because the County failed to acknowledge the State guidelines as prescribed under Act <br /> 201 S.B. 2170 all perspective bidders would did not have knowledge that Act 201 <br /> allowed for monies for labor, equipment, transportation,supplies...etc. in their bid. <br /> Because RSH had inside information their proposal included monies for said items. <br /> However, Mr. Takahasi declared he can dramatically change the original RFP contract <br /> specifications by stating in his denial letter to Environmental Recycling, 'that the <br /> proposals will be liberally evaluated". RFP 1533 (Proposal page 1) already stated, "the <br /> County will evaluate proposals liberally". Mr. Takahashi incorrectly defines this <br /> statement in the RFP. He reverses the original wording from, "evaluate proposals <br /> liberally" to "liberally evaluated." To "evaluate liberally" means if a perspective bidder <br /> wanted to recycle nails or baby diapers, the County would consider their proposals <br /> liberally, evaluating whether or not to the County with its own money would invest in that <br /> particular proposal. I do not believe the 'liberally' language meaning should be changed. <br /> However, the County was using State monies, not their own, therefore they could not <br /> hide the State funding in anon-specific RFP, and then misuse their powers by failing to <br /> disclose for competitive bid the State funding. The County did not disclose in the RFP <br /> prior to the RFP submittal date January 5, 95 that the State funding was available and <br /> that the County of Hawaii must comply with the requirements of Act 201, 1994 HSL S.B. <br /> No. 2170. The County changed the rules of the RFP specifications for Recycling <br /> Systems, because the County was enamored by Recycling Systems involvement in the <br /> 93'-94' State Senate Environmental Summit Hearings and their personal contact with <br /> certain State officials, of which both helped to secure monies for the Big Island politics. <br /> The State and the County pushed this funding through and earmarked it for Recycling <br /> Systems. <br /> The County of Hawaii Director of Finance oes not reserve the right to deviate from <br /> the RFP 1533 original specifications. There are major differences between RFP 1533 <br /> and Contract 96112 that greatly changes the perspective bidders understanding of the <br /> RFP. In Contract 96112 nearly the entire $216,000 award to Recycling Systems of <br /> Hawaii will be spent on exactly what the RFP Geariy stated it could not be spent on; <br /> equipment ($101,440), transportation ($20,300), supplies ($3,692), and labor <br /> ($80,527). Only advertising and public education ($10,041) fell directly into the RFP <br /> specification . All prospective bidders should have been aware that the County was <br /> receiving funds through Act 201, S.B. 2170. Language within this Act changes the <br /> perspective bidders understanding of the specifications and scope of the RFP. <br /> Knowledge of the Act also meant knowledge of funds available for equipment, labor, <br /> supplies and transportation. <br /> If the County had as one of its goals that the idea of setting up a business with all the <br /> amenities it would take to perform a certain function than that fact should have been <br /> made perfectly clear. As the RFP stated however, it was the specific interest of the <br /> <br />
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