2006-01-09_Kidde_Fire_Trainers_v_Dept_of_Finance_Findings_of_Fact_conclusions_of_Law_and_Decision

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received into evidence as part of Exhibit 21, and the Hearings Officer received it on December 21, 2005. Having reviewed and considered the evidence and arguments presented, together with the entire record of this proceeding, the Hearings Officer hereby renders the following findings of fact, conclusions of law and decision. II. FINDINGS OF FACT I. On August 12, 2005, Respondent issued Invitation for Bid ("IFB") No. 2190 entitled Furnishing and Delivering Mobile Live Fire Training Unit for the Hawaii Fire Department, County of Hawaii. The Notice to Offerors provided in part: Any request for approval to substitute any item or take exception to any specification, special provision or general condition must be received in writing in the above-named office on or before August 25, 2005. Any questions regarding clarification of any information contained in any bid document must be received in writing in the above-named office on or before August 25, 2005. All potential offerors are advised that the County of Hawaii reserves the right to reject any offer which does not follow these instructions. Bid opening was to take place on September 13, 2005. 2. On August 25, 2005, Petitioner submitted comments to IFB No. 2190, and requested that Section 21 of the Special Provisions be changed so that liability for liquidated damages be capped in total to be not more than 10% of the contract price. Petitioner also requested that Section 5.5 of the General Terms and Conditions be revised. Petitioner received a verbal response that there could be no changes to the special provisions or general terms and conditions. 1 On September 8, 2005, Respondent issued Addendum No. I and extended bid opening to September 20, 2005. 4. Bid opening took place as scheduled and Fireblast 451 Inc. ("Fireblast") was the lowest bidder at$363,958.00, Pro-Safe Fire Training ("Pro-Safe") was the second lowest bidder at $419,500.00, Petitioner was the third lowest bidder at $420,000.000 and Draeger Safety Systems ("Draeger") was the highest bidder at $445,736.40. It was determined that Fireblast, Pro-Safe and Petitioner's bids were non-responsive and that Draeger was the only responsive bidder. Petitioner's bid was deemed to be non-responsive because it contained a . 2 .