Report Title:

Public Procurement Code; Protested Awards

Description:

Provides that the protest of an award of a contract under the public procurement code are to be based on a purchasing agency's failure to follow procedures established by the code or rules adopted by the policy board in awarding a purchase of goods, services, or construction.

THE SENATE

S.B. NO.

332

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the public procurement code.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 103D-701, Hawaii Revised Statutes, is amended as follows:

1. By amending the heading and subsections (a) and (b) to read:

"§103D-701 Authority to resolve protested [solicitations and] awards. (a) Any [actual or prospective] bidder, offeror, or contractor who is aggrieved in connection with the [solicitation or] award of a contract may protest [to the chief procurement officer or a designee as specified in the solicitation.] a purchasing agency's failure to follow procedures established by this chapter or rules adopted by the policy board in awarding a purchase of goods, services, or construction. A protest shall be submitted in writing within five working days after the aggrieved person knows or should have known of the facts giving rise [thereto;] to the protest; provided that a protest of an award or proposed award shall in any event be submitted in writing within five working days after the posting of award of the contract either under section 103D-302 or 103D-303, as applicable[; provided further that no protest based upon the content of the solicitation shall be considered unless it is submitted in writing prior to the date set for the receipt of offers].

(b) The chief procurement officer or a designee, prior to the commencement of an administrative proceeding under section 103D-709 or an action in court pursuant to section 103D-710, may settle and resolve a protest concerning the [solicitation or] award of a contract. This authority shall be exercised in accordance with rules adopted by the policy board."

2. By amending subsection (f) to read:

"(f) In the event of a timely protest under subsection (a), no further action shall be taken on [the solicitation or] the award of the contract until the chief procurement officer makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the State."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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