Protests for State and County Personnel

Protest Procedures

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 Submission for 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.

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