ICA Rules Exclusive Remedy Provision found in HRS § 103D-704 does not Bar Suits Between Competing Bidders

Addressing tortious interference with contractual relationship and tortious interference with prospective business advantage at the Department of Transportation, the Intermediate Court of Appeals ruled that the Circuit Court erred in dismissing Plaintiff's (Alii Security Systems, Inc.) claims against its closest competing bidder, Professional Security Consultants, Inc. 

A private tort claim between competing bidders does not fit into any of those categories [referring to HRS §§ 103D-701 - 703], and it does not appear that the statutory protest proceedings provide an adequate means of resolving claims between competing bidders or that the chief procuring officer would even have jurisdiction to hear such a
claim at all.

Alii Security Systems v. Professional Security Consultants (CAAP-13-0002936)

Take away: if you have evidence that a competing bidder slandered your company to a state agency/contractor, you may have a claim. Additionally, this claim should not be barred by bid protest time limits.