Protests

About the protest and request for reconsideration for purchases of Health and Human Services for State procurement personnel.

Overview of Protests

Informal Resolution of Protest

Protests may be resolved at any time during the protest process by mutual agreement utilizing any of the allowable methods for resolution.

Allowable Protests

  • Purchasing agency failure to follow HRS Chapter 103F;
  • Purchasing agency failure to follow Hawaii Administrative Rules for HRS Chapter 103F;
  • In the case of competitive method of procurement, any failure to follow any procedure, requirement or evaluation criterion in a request for proposals issued by a purchasing agency.

Amounts awarded under HRS Section 103F-402 (competitive method of procurement) and 103F-403 (restrictive method of procurement) and all other awards of health and human service contracts may not be protested.

Allowable Methods to Resolve a Protest

Methods available to resolve a protest by mutual agreement, decision of the head of a purchasing agency or, in the case of request for reconsideration may be any one or combination of the following:

  • Amending or canceling the request for proposals.
  • If a contract has been awarded, terminating the contract or declaring the contract to be null and void from the time of award.
  • Issuing a new process to award the contract either by:
    • reopening the evaluation process; or
    • issuing a new procurement.
  • Affirming the purchasing agency’s decision.
  • Dismissing the protest.

General Protest Procedures

Below is an overview of the protest and request for reconsideration process. View the entire protest procedures and instructions manual prior to filing (PDF).

Filing Deadline for Notice of Protest For competitive purchases of services:

  • Within 5 working days of receipt of statement of findings and decision or receipt of notice of rejection.

For restrictive purchases of services:

  • By the deadline given in the notice of restrictive purchase of service
Suspension of Award Once submitted within the required time-frame, no further action shall be taken on the award including but not limited to:

  • Execution of a contract
  • Delivery of services in anticipation of execution of a contract
  • Negotiations or discussions with a provider regarding an intended award or contract.

In certain circumstances, the chief procurement officer may waive the suspension of award based on the following:

  • Award of the contract without delay is necessary to protect the health, safety or welfare of a person from an imminent and serious threat;
  • Brief factual description of the current situation, and how a delay would create an imminent and serious threat;
  • A determination that the purchasing agency’s lack of planning has not caused the necessity of the award delay;
  • A determination that the waiver of suspension has not been granted in order to frustrate the fair and speedy resolution of the protest.
Scheduling and Settlement Conference The head or the purchasing agency or designee schedules the scheduling and settlement conference within 3 working days of receipt of a notice of protest.
Purpose of Scheduling and Settlement Conference The purpose of the scheduling and settlement conference is twofold:

  • In the presence of a ‘neutral party” (the head of the purchasing agency or designee), the protestor and the procurement officer for the protested procurement may discuss the basis of the protest and ascertain if the protest may be settled by mutual agreement.
  • If a settlement by mutual agreement is not possible, the head of the purchasing agency or their designee creates the schedule for the steps in the protest process at the conference.  Decision as to whether a request for clarification will be needed and must be decided at the conference.

Note:  Settlement and scheduling conference may be conducted in person, by telephone or other electronic communications medium.
Decision by Head of Purchasing Agency When a protest cannot by resolved by mutual agreement, the head of the purchasing agency resolves the protest by a written decision. The written decision will be issued by the deadline established in the scheduling order, unless the head of the purchasing agency determines that an extension is necessary and gives written notice to both parties. The written decision must contain the following:

  • A statement of the action to be taken or resolution to the protest;
  • A detailed statement of the reason for the resolution, including factual findings;
  • A statement of the protestor’s right to request reconsideration; and
  • A statement that the decision is final and conclusive, unless a timely request for reconsideration is made.

Statutes & Rules

Forms

More Information?