Procurement Hearings

IMPORTANT STATUTORY CHANGES:

On June 27, 2012, Governor Neil Abercrombie signed Act 173 (12) into law. Consequently, the amendments to the Hawaii Procurement Code that are implemented by Act 173 (12), have resulted in significant procedural and substantive changes in the administrative hearings conducted pursuant to HRS §103D-709, et seq.

Effective July 2, 2012, all requests for administrative hearings must comply with the provisions of HRS §103D-701, as amended by Act 173 (12), including: 1) the determination of the jurisdictional amount required by HRS §103D-709(1)(d); and 2) the submission of a cash or protest bond in the amount specified by HRS §103D-709(1)(e).  Requests for administrative hearings that are initially accepted for filing by the Office of Administrative Hearings, but are subsequently determined not to meet the jurisdictional amounts or have inadequate cash or protest bonds, may be subject to dismissal.

Click on the link below to view and download Act 173 (12): http://www.capitol.hawaii.gov/session2012/bills/GM1276_.PDF

Click on the link below to view the cash bond and protest bond forms that have been used by the State Procurement Office:

http://hawaii.gov/forms/department-of-commerce-and-consumer-affairs

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:

http://www.spo.hawaii.gov/statutes-and-rules


Click on the link below to view the Public Procurement Code:  Desk Reference:

http://www.hawaii.gov/dcca/oah/forms/pch/


Click on the link below to view and download procurement decisions:

http://cca.hawaii.gov/oah/oah_decisions/procurement