Procurement Hearings
IMPORTANT STATUTORY CHANGES:
On July 13, 2009, Governor Linda Lingle signed Act 175 (09) into law. Consequently, the amendments to the Hawaii Procurement Code that are implemented by Act 175 (09), have resulted in significant procedural and substantive changes in the administrative hearings conducted pursuant to HRS §103D-709, et seq.
Accordingly, effective July 13, 2009, all requests for administrative hearings must comply with the provisions of HRS §103D-701, as amended by Act 175 (09), 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 based upon HRS §103D-709 that do not comply with these requirements, will not be accepted for filing by the Office of Administrative Hearings. 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 bond amounts, may be subject to dismissal.
Click on the link below to view and download Act 175 (09):
http://www.capitol.hawaii.gov/session2009/bills/GM808_.PDF
Click on the link below to view Procurement Circular No. 2009-16 from the State Procurement Office regarding Procurement Protests and Disputes:
http://www4.hawaii.gov/spo/procapps/procurement_circulars.cfm
Click on the link below to view the cash bond and protest bond forms from the State Procurement Office:
http://www4.hawaii.gov/StateForms/ShowForm.cfm?ID=SP
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 very accelerated processing and disposition requirements; 2) require the filing of a protest bond or the cash equivalent; and 3) follow the procedural rules 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:
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:
OAH Decisions
