In re Carl Corp‪.‬

OPINION OF THE COURT BY MOON, C.J. CARL Corporation (CARL), the unsuccessful competitor for the contract to provide automation and other services to the Hawai'i State Public Library System (HSPLS or the Library), appeals from the decision of the Department of Commerce and Consumer Affairs (DCCA) Hearings Officer. The Hearings Officer essentially rejected CARL's contention that Intervenor Dynix, Inc., dba Ameritech Library Services (Ameritech, Dynix, or ALS), who was awarded the contract, was afforded an unfair advantage in responding to the Library's request for proposals, but concluded that the process by which the proposals were evaluated was in violation of the State Procurement Code, Hawai'i Revised Statutes (HRS) Chapter 103D (1993) (the procurement code or the Code). In his ""Findings of Fact, Conclusions of Law and Final Order,"" filed on August 15, 1996 (FOF, COL, and Order), the Hearings Officer remanded the matter back to the Library to reevaluate the competing proposals, ""after which [the Library] shall ratify and affirm the contract, or terminate the contract as provided for in HRS §§ 103D-707(1)(A) and (B)."" CARL timely appealed.