Procurement Hearings
HRS CHAPTER 103D:
On July 6, 2021, Governor Ige signed into law SB 1329, SD2, HD3, CD1, which, among other things, requires that any party initiating a proceeding under Hawaii Revised Statutes 103D-709(d) shall pay to the DCCA a cash or protest bond in the amount of one percent of the estimated value of the contract. Any appeal filed with the Office of Administrative Hearings without the required bond may be subject to dismissal. During the temporary closure of OAH to walk-in traffic, payment may be made by mail postmarked within 2 business days after the filing of the appeal. You may file your appeal electronically by emailing to [email protected]
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