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Harry Kim °'!'+ Lincoln S.T.Ashida <br /> Mayor Corporation Counsel <br /> Gerald Takase <br /> �, M�:•:�; Assistant Corporation <br /> �'+'�'o:'N•�'� Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street,Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 <br /> Privileged and Confidential Communication <br /> Attorney-Client Communication <br /> Not a Public Record <br /> January 31, 2007 <br /> Mr. Milton D. Pavao, Manager <br /> Department of Water Supply <br /> 345 Kekuanao`a Street, Suite 20 <br /> Hilo, Hawaii 96720 <br /> Re: Information Regarding Offeror's Response to RFPs that <br /> Can Be Disclosed to the Board for Award Purposes <br /> Our File No. Wrk 07-14077 <br /> Dear Milton: <br /> This letter is in response to a request for a legal opinion regarding what information <br /> regarding the responses to a Request for Proposals can be disclosed to the Water Board at a <br /> Water Board meeting. <br /> The Water Board is the body that"awards" contracts upon the Department of Water <br /> Supply's ("DWS")recommendation. This has been a long-standing practice which arises out of <br /> the requirement in Chapter 54 of the Hawaii Revised Statutes ("H.R.S.") and the County <br /> Charter that all contracts are executed in the name of the Board, that the Board determines the <br /> character and type of all construction, additions, extensions, increases, and betterments to the <br /> waterworks and water system, and that the Water Board manages, controls and operates the <br /> waterworks of the County of Hawaii. <br /> At the Water Board meeting on January 23, 2007, a Request for Proposals was brought to <br /> the Water Board for award. Because of the restrictions in the Hawaii Administrative Rules <br /> ("H.A.R."), the monetary amount of the contract was not included in the information that was <br /> given to the Water Board. However, the Water Board was uncomfortable awarding a contract <br /> without knowing what the dollar amount of the contract would be. Fortunately, federal grant <br /> monies were going to be used for this project and because the offeror's proposal was within the <br /> amount of grant money available, the Water Board was able to approve the award based on the <br /> Hawaii County is an Equal Opportunity Provider and Employer <br />