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Protests for State and County Personnel

About Protests of Solicitations and Awards for Goods Services and Construction:

 

Protest Procedures

General

Informal Resolution of Protest Prior to receipt of offers, protestor should initially seek an informal resolution to the protestors complaint with the procurement officer named in the solicitation.
Request for Debriefing For protests of award pursuant to HRS 103D-303 (Competitive Sealed Proposals) or 103D-304 (Professional Services ) protestor may request a debriefing.  Request for debriefing shall be filed in writing within 3 working days of posting of award.  Protests shall be filed within 5 working days after completion of the debriefing.
Deadline for Submission of Protest

Protests shall be submitted within 5 working days after the protestor knows or should have known of the facts giving rise to the protest providing that:

  • Protests of solicitation content shall be submitted prior to the date set for receipt of offers for competitive sealed bidding or competitive sealed proposals.
  • Protests of awards shall be submitted
    • not later than 5 working days of posting of award or
    • when a debriefing is held, within 5 working days of completion of debriefing.
Stay of Procurement During a Protest When a protest has been filed pursuant to HAR §§3-126-3 or 3-126-4 no further action shall be taken until the protest is settled. Only the chief procurement officer as defined in HRS §103D-203 may make a written determination that award of a contract is necessary to protect the interests of the state.  (Reference: HAR §3-126-5)
Submission All submissions of protests shall be in writing and submitted to the chief procurement officer or designee or as designated in the solicitation.
Method of Submission

Protest shall:

  • be served personally or
  • mailed by "registered" or "certified" mail return receipt requested.
Contents of Protest

At a minimum the protest shall contain:

  • name and address of the protestor;
  • appropriate identification of the procurement;
  • a statement of the reasons for the protest; and
  • supporting documents, evidence, or exhibits to substantiate claims.
    • If supporting documents, evidence or exhibits are not available within the required filing time the expected availability shall be included.

 

Allowable Remedies to Resolve Protests

DCCA Offices Responsible for Appeals of Protests and Licensing Disputes

Form SPO-043 Report of Protest

Procurement Circular 2012-03 - ACT 173, SLH 2012,...LEGAL AND CONTRACTUAL REMEDIES - HRS Chapter 103D, Part VII

Instructions - Procurement Circular 2012-03 -Legal and Contractual Remedies (Protest)

Procurement Circular 2012-03 Amendment 1 -Procurement Protest Statistics

 

Reference

HRS Chapter 103D Part VII - Legal and Contractual Remedies

HAR Chapter 3-126 - Legal and Contractual Remedies

 

 

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Purchasing Goods, Services & Construction Pursuant to HRS Chapter 102D

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