Isle high court blocks
dismissal in library case

By Debra Barayuga
Star-Bulletin

The Hawaii Supreme Court has rejected an attempt by the state attorney general to dismiss a computer company's appeal over the termination and subsequent awarding of the public library system's computer automation contract.

The Hawaii Supreme Court last year ruled former state librarian Bart Kane prematurely awarded the contract to Ameritech.

Losing bidder CARL Corp. appealed after state Librarian Virginia Lowell terminated the contract with Ameritech Library Services in September, then allowed them to continue providing services until another vendor could be found.

The state had filed a motion to dismiss CARL's appeal saying the state Supreme Court had no further jurisdiction over the procurement matter and that it was the state's authority to cancel the contract.

CARL Corp. is pleased that the Supreme Court is reviewing the matter, said one of its attorney's, Matt Tsukazaki. A hearing on the matter however is not expected to be scheduled until next spring.

CARL attorneys called Lowell's cancellation of the contract a sham because the library system had entered into a new agreement with the same vendor under the same conditions and terms as the previously terminated contract. CARL also questions Ameritech's ability to participate in the procurement process for another automation system.

CARL attorneys cite a memo obtained from Ameritech records that refers to actions book buyer Baker & Taylor took to secure a contract with the library system. "(Baker & Taylor) were able to circumvent this somewhat by getting commitments from (the Hawaii State Public Library System) prior to the (request for proposals). We could operate in similar fashion," the memo said.

The contract with Baker & Taylor to supply books for Hawaii's public libraries was terminated last July after much criticism by librarians over the quality and quantity of books the company was sending.

Kane's selection of Ameritech before others were given a chance to bid on the contract is established by Ameritech documents, Tsukazaki said. "Our procurement laws are strict. You can't talk to another vendor and give out information without giving it to other vendors."