After further briefing and a hearing, the Circuit Court directed the Hearings Officer to set aside her decision and to enter an order containing a directive reinstating the contract award to Hawaiian Dredging.

Hawaiian Dredging appealed the Hearings Officer's decision to the Circuit Court of the First Circuit (Circuit Court),1/ and BWS joined the appeal. After briefing and a hearing, the Hearings Officer vacated BWS's determination of Nan's 'nonresponsibility' and ordered that BWS's contract award to Hawaiian Dredging be terminated. Nan submitted a request for administrative review (Request for Review) of BWS's decision to the Office of Administrative Hearings (OAH), Department of Commerce and Consumer Affairs. BWS awarded the contract to IntervenorAppellant-Appellee Hawaiian Dredging Construction Company, Inc. (Nan), BWS determined that Nan was a 'nonresponsible' bidder for the Project (i.e., not capable of FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER fully performing the contract requirements) and that BWS would not consider Nan's bid. After receiving a bid from Petitioner- Appellee-Appellant Nan, Inc.

In 2021, Respondent-Appellee-Appellee Board of Water Supply (BWS) invited bids for a project to construct a concrete reservoir (Project). 1CCV-21-0001032) OCTOBY: GINOZA, C.J., AND WADSWORTH AND MCCULLEN, JJ. CAAP-21-0000533 APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. HIKIDA, HEARINGS OFFICER, OFFICE OF ADMINISTRATIVE HEARINGS, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, STATE OF HAWAI#I, Appellees-Appellees NO. NAN, INC., Petitioner-Appellee-Appellant, and BOARD OF WATER SUPPLY, Respondent-Appellee-Appellee, and DESIREE L. 52 OP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I –––O0O––– HAWAIIAN DREDGING CONSTRUCTION COMPANY, INC., Intervenor-Appellant-Appellee, v. FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-21-0000533 3 10:02 AM Dkt.

Hawaiian dredging and construction