Procurement Hearings
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 (“HRS”), 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 conducted 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 HRS Chapter 103D, and Hawaii Administrative Rules (“HAR”) Title 3, Chapter 126. Click on the links below to view and download HRS Chapter 103D and HAR Title 3, Chapter 126.
Hawaii Revised Statutes Chapter 103D
https://spo.hawaii.gov/wp-content/uploads/2013/12/har3-126.pdf
Filing procurement cases with the Office of Administrative Hearings
In person or by mail at:
Office of Administrative Hearings
335 Merchant Street, Suite 100
Honolulu, HI 96813
(Please provide the original plus one copy of your document; include additional copies along with a self-addressed stamped envelope if you wish to have a file-stamped copy returned to you).
Electronically at:
If applicable, a file-stamped copy of the document will be returned to you by email upon request.
If a filing fee and/or bond is required (see below), payment of the filing fee and the cash or protest bond shall accompany the filing of a request for administrative hearing. If filing electronically, a copy of your check and/or cash or protest bond shall be emailed to [email protected] along with your filing, and the check or bond shall be deposited in the mail within 2 business days of the filing.
Payment by check shall be made payable to “Department of Commerce and Consumer Affairs”.
Cash or Protest Bonds
HRS § 103D-709(e) governs the bond requirements for procurement matters, and provides:
(e) The party initiating a proceeding falling within subsection (d) shall pay to the department of commerce and consumer affairs a cash or protest bond in the amount of one per cent of the estimated value of the contract.
If the initiating party prevails in the administrative proceeding, the cash or protest bond shall be returned to that party. If the initiating party does not prevail in the administrative proceeding, the cash or protest bond shall be deposited into the general fund.
You can download the protest cash bond and protest bond surety forms that have been used by the State Procurement Office.
Filing Fees
HRS § 103D-709(f) governs applicable filing fees for procurement matters and provides:
(f) In addition to the bond required in subsection (e), the initiating party shall pay to the department of commerce and consumer affairs a non-refundable filing fee of:
(1) $200 for a contract with an estimated value of $500,000 or more, but less than $1,000,000; or
(2) $1,000 for a contract with an estimated value of $1,000,000 or more.
Failure to pay the filing fee shall result in the rejection or dismissal of the request for review. The fee shall be deposited into the compliance resolution fund established pursuant to section 26-9(o) and used to help defray the costs of conducting the administrative proceeding for review.
The information on this website is not intended to provide legal advice. If you need assistance with filing a procurement case, you are advised to consult an attorney.