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ALOHACARE v. DEPARTMENT OF HUMAN SERVICES

No. SCWC-29630.

276 P.3d 645 (2012)

127 Haw. 76

ALOHACARE, Petitioner/Plaintiff-Appellant, v. DEPARTMENT OF HUMAN SERVICES, State of Hawai`i, Respondent/Defendant-Appellee.

Supreme Court of Hawai`i.

As Corrected May 18, 2012.

Attorney(s) appearing for the Case

Edward Kemper, for petitioner.

Lee-ann N.M. Brewer, deputy attorney general, for respondent.

ACOBA, DUFFY, and McKENNA, JJ.; with RECKTENWALD, C.J., dissenting, with whom NAKAYAMA, J., joins.

Opinion of the Court by ACOBA, J.

We hold (1) that Petitioner/Plaintiff-Appellant AlohaCare (Petitioner), a bidder for a health and human services contract under Hawai`i Revised Statutes (HRS) 103F, may not appeal the denial of a contract award by Respondent/Defendant-Appellee the Department of Human Services (Respondent) under the procedures set forth in HRS chapter 103D (pertaining generally to other State procurement contracts) that afford judicial review for bidders...

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