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A second one was a meta -study of hydrogen sulfide studies done by the University of Hawaii. <br />That one was not competitive but as the Corp. Counsel said, it was to the University of Hawaii. <br />A third study was the groundwater study which was done by the United States Geological <br />Survey, and the groundwater study was awarded without an RFP. <br />The final study was a soil sampling study at the old HGP -A site, and as far as I know, that one <br />was done without an RFP to a private contractor, so it would appear to me that on the surface, <br />the County has the flexibility to award this contract without putting it into further procurement. <br />The RFP is bothersome to me, and I'm going to bring up a different issue. The Adler group <br />recommended a health study—this is the $750,000 health study—that recommended broadly <br />how that health study should be done and then recommended how the person that would do that <br />study should be selected. <br />There were three principles that the Adler group used in making that recommendation of how the <br />health study should be selected. Those three principles were that the process would be <br />transparent so that people could see how the health studies were rated and who was chosen, that <br />there were true experts on the evaluation committee, and it provided procedures to find those <br />experts. And, finally, that there would be community input into that selection. When you, the <br />Windward Planning Commission approved that health study, I read the RFP that was submitted <br />at the time. The RFP that was finally sent out for proposals did not include any of the provisions <br />about expertise, transparency or community involvement. So, it is with some angst that I think <br />that another study would go to the RFP where a procurement officer without having any <br />stipulations on how he does his evaluation, would be the person that chooses without input from <br />the community or without input from experts. <br />Finally, I agree with what Ron said about the Sunshine. It would have been very convenient. I <br />asked several people what this hearing was about. I was told that it was a reconsideration by one <br />member but the topic of the reconsideration or the purpose or why that occurred was, was never <br />provided so that the first time we found out today was when the Corporation Counsel made his <br />presentation on procurement rules. <br />Thank you for your time. <br />ALBERTINL Aloha Commissioners. My name's Jim Albertini. I'm a long time Puna resident. <br />I'm the president of Malu `Aina organization in Kurtistown, and our farm was the hub for the <br />Big Island Rainforest Action Group that for 30 years or more worked closely with the Pele <br />Defense Fund and other community organizations on the geothermal issue. So, I'm intimately <br />knowledgeable on the history of concern in Puna. In fact, in 20 days from today, on March 25th, <br />that will mark the 25th anniversary of one of the, if not the largest civil disobedience actions in <br />the history of Hawaii. When we had 2,000 people in Wao Kele o Puna and over a 150 people <br />arrested for a non-violent civil disobedience on a single day. That's 25 years ago, when we were <br />standing with Hawaiians calling for justice. You know, and here we are today, now dealing with <br />this thing that we had no knowledge of until we came here this morning. An RFP. I think it <br />11 <br />EXHIBIT E <br />