Ching (Cooke) Field Progress (BID PROTESTED)

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Re: Ching (Cooke) Field Progress (FUNDS RELEASED)

Post by bowfan »

Sounds like JD is getting pretty annoyed with Mr. Dennis Sadowski.

http://the.honoluluadvertiser.com/artic ... 00391.html

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Re: Ching (Cooke) Field Progress (FUNDS RELEASED)

Post by Duster »

Thanks for posting a copy of Sadowski/Co-Ha's protest letter (sent by its attorney, Karin Holma).

Sadowski's protest does not have anything to do with the C-68FF contractor license classification. It is probably the most common basis for a protest - the failure of the bidder to list all subcontractors in accordance with the subcontractor listing law, HRS 103D-302(b).

It appears that RMY listed "Sports Turf Hawaii" as a subcontractor for the artificial surface installation, and there is no legal entity named "Sports Turf Hawaii" - it is merely a trade name. Even though Logan Hamocon, as an individual, registered it as a trade name, the registration expired and has since become the registrated trade name of a limited liability company that was apparently formed by Hamocon called "Sports Turf Hawaii, LLC." Sadowski's argument is that RMY's bid should be rejected for failure to comply with the subcontractor licensing law because "Sports Turf Hawaii" is the trade name for "Sports Turf Hawaii, LLC" and that "Sports Turf Hawaii, LLC" has no contractors license.

Pretty technical, but logical argument. I checked with the Department of Commerce and Consumer Affairs ("DCCA") and Sports Turf Hawaii, LLC does not have a contractors license, and Logan Hamocon is only licensed as a sole proprietor (which I noted in another thread).

However, lookie, lookie what the DCCA Professional and Vocational Licensing database has for Hamocon:

http://pvl.ehawaii.gov/pvlsearch/app?_a ... %20HAMOCON

Yup. It shows that he has a valid contractors license as a sole proprietor, and as far as the Contractors License Board is concerned, "Sports Turf Hawaii" is his sole proprietorship's trade name. And we know that Hamocon, the sole proprietor, registered the trade name before Sports Turf Hawaii, LLC did.

Sadowski makes a logical argument, but I think he loses.

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Re: Ching (Cooke) Field Progress (FUNDS RELEASED)

Post by Two_Toned_Timo »

Dude, I couldn't follow any of that. But man if this solves it, the school needs to see this and get on with it. It could take them years to find this info. Good job!

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Re: Ching (Cooke) Field Progress (FUNDS RELEASED)

Post by pikachu »

Hey Duster,

COHA is arguing that RMY failed to list a licensed specialty subcontractor with a license to install synthetic turf. Their argument is that Sports Turf Hawaii has no licenses, but even if it can be shown that Hamocon and Sports Turf Hawaii are the same and have a C-27 contractor license (landscaping), wouldn't COHA's argument then be that Sports Turf Hawaii does not have the license to install synthetic turf (C-68FF)?
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Re: Ching (Cooke) Field Progress (FUNDS RELEASED)

Post by Duster »

Interesting observations, Pikachu. Since CO-HA generically refers to the unlicensed area raised in its protest as sythetic turf installation, it may have cleverly raised Hamocon's lack of the provisional C-68FF specialty license as a fallback position in the event that UH denies CO-HA's protest and CO-HA appeals/requests an administrative hearing on the denial. Does Sadowski dare to raise the issue, though?

With the issue of bid responsiveness being dependent upon the facts and circumstances known or readily discernable by the procuring agency (UH in this instance) at the time of bid opening and the Contractors License Board position that C-68FF was still a recommendation at the time of bid opening (and they were to address it at Board's August meeting this week which was after bid opening), I don't think the C-68FF comes into play and Hamocon's C-27 should be sufficient.

Perhaps Gov. Lingle should tell her appointee to the Contractors License Board (Sadowski) to give it up and let the project proceed.

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Re: Ching (Cooke) Field Progress (BID PROTESTED)

Post by jediwarrior »

Thanks Duster.

Funny that Lingle releases funds to get the job done, and Sadowski steps on Lingle's nads by stopping all progress.

Hawaii will always have somebody to screw everything up.

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Re: Ching (Cooke) Field Progress (FUNDS RELEASED)

Post by pikachu »

Duster wrote:Interesting observations, Pikachu. Since CO-HA generically refers to the unlicensed area raised in its protest as sythetic turf installation, it may have cleverly raised Hamocon's lack of the provisional C-68FF specialty license as a fallback position in the event that UH denies CO-HA's protest and CO-HA appeals/requests an administrative hearing on the denial. Does Sadowski dare to raise the issue, though?
Depends on how badly he wants the contract. $883K is not chump change.
Duster wrote:With the issue of bid responsiveness being dependent upon the facts and circumstances known or readily discernable by the procuring agency (UH in this instance) at the time of bid opening and the Contractors License Board position that C-68FF was still a recommendation at the time of bid opening (and they were to address it at Board's August meeting this week which was after bid opening), I don't think the C-68FF comes into play and Hamocon's C-27 should be sufficient.
I agree that the argument is weak, but again it depends on how badly Sadowski wants the contract.
Duster wrote:Perhaps Gov. Lingle should tell her appointee to the Contractors License Board (Sadowski) to give it up and let the project proceed.
Sadowski is taking some heat for this, but I don't think anyone is really holding Lingle responsible for Sadowski's appointment, so I don't see why she would get involved, even in a behind-the-scenes way. There really isn't a tie that binds Sadowski to Lingle in the public's eyes.
"I'm coming back, I will return, and I'll possess your body and I'll make you burn; I have the fire, I have the force, I have the power to make my evil take its course" -- "Number of the Beast" Iron Maiden

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Re: Ching (Cooke) Field Progress (BID PROTESTED)

Post by pikachu »

jediwarrior wrote:Thanks Duster.

Funny that Lingle releases funds to get the job done, and Sadowski steps on Lingle's nads by stopping all progress.

Hawaii will always have somebody to screw everything up.
jediwarrior,

Lingle releasing the funds triggered the bid protest. I believe that the final step before contract award is releasing the funds, and Sadowski needed to file the bid protest as near to the contract award as possible to stop all work and avoid a Notice to Proceed being issued.
"I'm coming back, I will return, and I'll possess your body and I'll make you burn; I have the fire, I have the force, I have the power to make my evil take its course" -- "Number of the Beast" Iron Maiden

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Re: Ching (Cooke) Field Progress (BID PROTESTED)

Post by pikachu »

Hey Duster,

When you have some time, check out Tsai's Warrior Beat. They are hailing you as a legal genius over there. :lol:
"I'm coming back, I will return, and I'll possess your body and I'll make you burn; I have the fire, I have the force, I have the power to make my evil take its course" -- "Number of the Beast" Iron Maiden

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Re: Ching (Cooke) Field Progress (BID PROTESTED)

Post by Duster »

Pikachu, I cringed when I saw one of my posts pasted there by Garret - with all the typos! With respect to one typo, I actually meant subcontractor listing law, not subcontractor licensing law.

Gotta give props to Tsaiko bighilofan2 for posting the text of the protest letter there for all of us to see, and bowfan for finding it in the Warrior Beat blog and posting it here. Without seeing the text of the protest letter, one could only speculate on the basis of Sadowski's protest. What was interesting was that the exhibits to the protest letter, as noted by bighilofan2, included RMY's actual subcontractor listing from RMY's bid which had Hamocon's license number next to "Sports Turf Hawaii" and C-27, and included a copy of the printout of the page from Professional and Vocational Licensing that showed Hamocon's current use of that as a trade name (that I linked in this thread). When you put the information (i.e., 2 and 2) together, the logical conclusion is that Hamocon is listed as subcontractor and that he has a C-27 license. It's quite unusual for exhibits to a protest letter to cut against the protest, don't you think?

I think UH can and should deny the protest forthwith, and leave Sadowski to decide whether to appeal/request for administrative hearing and review. The analysis for UH is not difficult on this one - even I could fashion a response within minutes. No appeal within five working days of the denial of protest and the project moves forward. Sadowski has the burden of proof, and I believe that he falls far short of meeting the burden. He must have a decent profit margin built in to his bid to be willing to take flack. Or his company is in a slow or down period and he needs the work.

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Re: Ching (Cooke) Field Progress (BID PROTESTED)

Post by Garret »

Duster,

I am very sorry if you minded at all my posting your post on Tsai's blog, but I wanted to get it to bighilofan2 and others as quickly as possible. What I should have done is also posted things like the protest letter here immediately. I've been swamped at work at times this week and that slipped my mind. Please don't mind the typos--I've done far worse and your analysis was excellent!

There are several lawyers and a lobbyist that are either on Tsai's blog or lurkers on that blog that have been doing a lot of stuff in the background via e-mail. I'm just trying to help with research and am doing what I can--this is not in my expertise area.

One tidbit that you might find interesting: There are 5 high school field jobs that will be coming up soon, so Sadowski has a huge incentive to reduce his competition. I worry that might influence just how far he wants to go in holding up the UH job.

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Re: Ching (Cooke) Field Progress (BID PROTESTED)

Post by Duster »

Garret, I do not mind at all. If anything, it was flattering. As they say, "it's all good." If there is anything that I post that you think is worthwhile to disseminate on Warrior Beat or elsewhere, please do so. We all have the common desire to help UH, and the Tsaikos (like you) are proactive in this regard.

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Re: Ching (Cooke) Field Progress (BID PROTESTED)

Post by Garret »

Duster wrote:Garret, I do not mind at all. If anything, it was flattering. As they say, "it's all good." If there is anything that I post that you think is worthwhile to disseminate on Warrior Beat or elsewhere, please do so. We all have the common desire to help UH, and the Tsaikos (like you) are proactive in this regard.
Duster,

Thank you for your help! We are united in trying to help UH and that is a goal that I know SportsHawaii members share! What amazes me is that there are some very helpful lurkers who have volunteered their help and who have done a lot behind the scenes to help out...it sure shows the Aloha spirit when they donate so much time without asking for any thank you or recognition.

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Re: Ching (Cooke) Field Progress (BID PROTESTED)

Post by Rabidfanman »

Just curious....

Lingle released 1.225 mil, and sadowski is her appointee.

Was his bid perhaps 1.225 mil?

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Re: Ching (Cooke) Field Progress (BID PROTESTED)

Post by pikachu »

Rabidfanman wrote:Just curious....

Lingle released 1.225 mil, and sadowski is her appointee.

Was his bid perhaps 1.225 mil?
Hamocon was the low bid at $862,831 and Sadowski was the second low bid at $883,863.
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