Procurement Hearings

HRS CHAPTER 103D:

On October 13, 2020, Governor Ige issued his Fourteenth Emergency Proclamation which, among other things, limited the suspension of Hawaii Revised Statutes Chapter 103D to solicitations necessary to procure goods and services in direct response to COVID-19; to procure goods and services using funding that must be expended on or before December 31, 2020; and to procure goods and services not in direct response to COVID-19 but for which certain procurement requirements cannot reasonably be met through the regular procurement process due to the emergency.  As such, requests for administrative review hearings in connection with all other solicitations issued under Chapter 103D may now be filed with the Office of Administrative Hearings.  All such requests must comply with the requirements set forth in Chapter 103D and its implementing rules.

IMPORTANT STATUTORY CHANGES:

On June 7, 2019, Governor David Y. Ige signed Act 73 into law. Consequently, effective immediately, a party initiating a bid challenge under HRS §103D-709 involving a contract with an estimated value of $500,000 or more shall pay a nonrefundable filing fee to the Office of Administrative Hearings upon the filing of its request for administrative hearing. The failure to pay the filing fee required by HRS §103D-709, as amended by Act 73, in a timely fashion will result in the rejection or dismissal of the bid challenge.

Act 73 (PDF)

You can also download the cash bond and protest bond forms (Word DOC) that have been used by the State Procurement Office.

The Office of Administrative Hearings is responsible for conducting administrative reviews of procurement disputes arising under the Hawai`i Procurement Code (Hawai`i Revised Statutes, Chapter 103D) between the procuring agency and contractors and/or vendors doing business with the agency.

Procurement cases brought before the Office of Administrative Hearings generally involve disputes regarding:

      • the preparation and interpretation of bid specifications;
      • the qualification and selection of successful bidders or offerors; and
      • matters relating to the solicitation process.

Consequently, unlike other types of contested case hearings conduced by the Office of Administrative Hearings, the procurement administrative review proceedings: 1) have accelerated processing and disposition requirements; 2) follow the procedural rules that have been promulgated by the State Procurement Office.

Procurement hearings brought under the Hawaii Procurement Code, are governed by Hawaii Revised Statutes Chapter 103D, and Hawaii Administrative Rules Title 3, Chapter 126.  Click on the link below to view and download Hawaii Revised Statutes Chapter 103D and Hawaii Administrative Rules Title 3, Chapter 126 but make sure you utilize that latest version of Hawaii Revised Statutes Chapter 103D


Public Procurement Code

Download procurement decisions