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.
- 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:
For restrictive purchases of services:
|Suspension of Award||Once submitted within the required time-frame, no further action shall be taken on the award including but not limited to:
In certain circumstances, the chief procurement officer may waive the suspension of award based on the following:
|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:
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: