HOUSE OF REPRESENTATIVES	H.B. NO.	816
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to public procurement.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 103D-701, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the chief procurement officer or a designee as specified in the solicitation. [Except as provided in sections 103D-303 and 103D-304, a] A protest based upon the content of the solicitation shall be submitted in writing within five working days [after]:

(1) After the [aggrieved person knows or should have known of the facts giving rise thereto; provided that a] due date for the request for information, if none was submitted; or

(2) After response of all timely submitted requests for information, if requests for information were timely submitted and no later than prior to the receipt of offers.

A protest of an award [or proposed award] shall [in any event] be submitted in writing within five working days after the posting of award of the contract under section 103D-302 or 103D-303, if no request for debriefing has been made, as applicable[; provided further that no protest based upon the content of the solicitation shall be considered unless it is submitted in writing prior to the date set for the receipt of offers]. All other protests shall be submitted in writing within five working days after the aggrieved person knows or should have known of the facts giving rise thereto, except as provided in sections 103D-303 and 103D-304."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Government Contracts; Procurement; Protests

Description:

Clarifies the deadline for submitting written protests that are based on the content of a solicitation.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.