1. NEIL ABERCROMBIE AARON S. FUJIOKA
GOVERNOR ADMINISTRATOR
STATE OF HAWAII
STATE PROCUREMENT OFFICE
P.O. Box 119
Honolulu, Hawaii 96810-0119
Telephone: (808) 587-4700
e-mail: state.procurement.offlce~hawaii.gov SPO 13-184
http://hawaii.gov/spo
June 21, 2013
Mr. Gregory King, Chair
Mr. David Langille, Vice-Chair
Mr. Dean Seki, Secretary
Mr. Howard Garval, Member
Mr. Ronald Hirano, Member
Ms. Kathy Suzuki-Kitagawa, Member
Procurement Policy Board
do State Comptroller
Honolulu, Hawaii 96813
Dear Chair King and Members of the Board:
SUBJECT: Request for Reconsideration on Board’s Decision
This is to request that the Procurement Policy Board (Board) reconsider its decision at the
June 20, 2013 board meeting regarding agenda item no. Ill on:
Preventing 2 qualified applicants that the Department of Accounting and General
Services’ (DAGS), Department Personnel Officer (DPO) has determined are qualified
and the Board is not contesting as qualified, from being considered for the position by
blocking their application from being forwarded to the Governor. The Board’s only
responsibility in the recruitment for the Administrator in accordance with HRS §103D-
204 Establishment of the state procurement office; administrator, shall be: (b)
The administrator shall be appointed by the governor from a list of no less than three
and no more than five names submitted by the policy board.
• Withholding information to the public and operating in a non-transparent manner which is
a violation of “sunshine requirements” for public meetings by not revealing why 2
qualified applicants, which would remain nameless, are being discriminated against or
being treated in a disparaging manner. Each Board meeting is recorded in its minutes
as the means to provide public disclosure.
• Delaying the recruitment process by reopening the soliciting for additional applicants,
despite the Board stating that the 4 applicants are qualified, as the prior solicitation was
open to anyone qualified, had sufficient time to submit applications (4 weeks), and
produced more than the minimum required qualified applicants for submittal to the
Governor.
2. Mr. Gregory King, Chair, et al si~o 13-1s~1
June 21, 2013
Page 2
• Allowing a “second bite at the apple” to accommodate any late submittals, or either
possibly those that were earlier disqualified.
• Announcing that it would numerically rank the 4 qualified applicants at the May 29, 2013
meeting, but pursuant to the procurement code, do not have the authority. Although the
Board has not conducted any ranking to date, the announcement is improper. Again
stating, that the Board’s only responsibility in the recruitment for the Administrator in
accordance with HRS §103D-204 Establishment of the state procurement office;
administrator, shall be: (b) The administrator shall be appointed by the governor from
a list of no less than three and no more than five names submitted by the policy board.
These statutes do not allow ranking.
The Board’s action is creating controversy over the selection process by infusing the
appearance of preferential treatment, partisanship, and subjective influence. This tainting of the
selection process has created a situation of hostility and suspicion and will no doubt cause
irreparable harm to all associated/connected with this process. This action by the Board will
have a “chilling” effect, affecting current and prospective applicants who will lose trust and
confidence in this process.
In reconsidering the Board’s decision, it is requested that the Board allow the selection process
to continue as required by the statute, by submitting the names and applications of the 4
qualified applicants.
A reply is requested by July 12, 2013 as the State Procurement Office (SPO) has been tasked
with the re-solicitation (advertisement in newspaper) which has been placed on hold until this
matter has been satisfactorily resolved with the Board. SPO has also requested a meeting with
the DPO for resolution of this process requested by the Board.
Sincerely,
o~/c~(;WL~~~
Aaron S. Fujioka
c: Dianne Matsuura, DPO
The Honorable Barbara Krieg, Director
Department of Human Resources Development
Stella Kam, Deputy Attorney General
Ruth Yamaguchi, State Procurement Office
Mara Smith, State Procurement Office