Protests for Health and Human Services

Protest and request for reconsideration processes for purchases of health and human services, for private providers.

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, failure to follow any procedure, requirement or evaluation criterion in a request for proposals issued by a purchasing agency.

The funding 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.
Submission Shall be submitted to:

  • The head of the purchasing agency; and
  • The procurement officer for the procurement.
Method of Submission Submission may only be by:

  • U.S. Mail; or
  • Hand delivery

Notices of Protest delivered by hand delivery shall be considered delivered when actually received.

Notices of protest submitted and received by US mail shall be considered delivered on the postmark date of the notice of protest rather than the date actually received.
Contents of Notice of Protest At a minimum, the Notice of Protest shall contain:

  • Name and address of protestor;
  • Name and address of the procurement officer or other personnel who oversaw the protested procurement;
  • Reference number of the protested procurement;
  • Brief description of the grounds of the protest.

Forms

Related Statutes