ORDER ON REHEARING
Bowers Office Products, Inc. (Bowers) has petitioned for rehearing, claiming among other errors that it has been deprived of its day in court on claims not addressed by the superior court. It is Bowers’ position that the superior court’s ruling on Bowers non-responsiveness claim made it unnecessary to rule on other bases for relief. Bowers claims it expressly reserved the other bases for relief for determination in the event it did not obtain a favorable ruling on the non-responsiveness claim.
We have considered Bowers’ petition, the Fairbanks North Star Borough School District’s opposition, and Bowers’ reply, as well as the record and prior briefing. Being fully advised,
IT IS ORDERED that Bowers’ petition for rehearing is GRANTED as to the issue raised in Section III of its petition. The concluding paragraph in Opinion No. 3888 is amended to read as follows:
The judgment of the superior court is REVERSED and the award of attorney’s fees to Bowers is VACATED. The court is directed to enter summary judgment in favor of the school district on the motion for summary judgment on the non-responsiveness claim.
This case is REMANDED to the superior court for such additional proceedings as are warranted by the bid protest, evidence, proceedings previously undertaken and resolved by the superior court, and issues remaining to be resolved by the superior court, if any.
IT IS FURTHER ORDERED that Bowers’ petition is DENIED in all other respects.