HOUSE OF REPRESENTATIVES	H.C.R. NO.	60
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

URGING THE STATE PROCUREMENT OFFICE TO CLARIFY THE DEADLINE FOR SUBMITTING WRITTEN PROTESTS THAT ARE BASED ON THE CONTENT OF A SOLICITATION.

 

 

 

        WHEREAS, part VII of the Hawaii Public Procurement Code, codified as chapter 103D, Hawaii Revised Statutes, provides for legal and contractual remedies related to the procurement process; and

 

        WHEREAS, despite codification and ongoing revisions to the existing law, there is still a lack of clarity and ongoing confusion as to when a party is aggrieved during the procurement process; and

 

        WHEREAS, certain agencies are denying protests on the basis that bidders are not considered aggrieved because an award has not yet been made; and

 

        WHEREAS, these agencies are also denying protests because the bidder did not protest five days after the bid opening, when the bidder knew or should have known that the bidder was aggrieved; and

 

        WHEREAS, procurement protest reviews can be lengthy, causing project delays and increasing project costs, which are ultimately borne by the State's taxpayers; and

 

        WHEREAS, it is imperative that deadlines for parties to submit protests be clearly delineated; now, therefore,

 

        BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate concurring, that the State Procurement Office is requested to clarify the deadline for submitting written protests that are based on the content of a solicitation; and

 

        BE IT FURTHER RESOLVED that the State Procurement Office is requested to clearly define when parties must submit protests under section 103D-701, Hawaii Revised Statutes, based on:

 

        (1)   The content of the solicitation;

 

        (2)   An award or eventual award; and

 

        (3)   All other protests; and

 

        BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and Acting Administrator of the State Procurement Office.

 

 

 

	OFFERED BY:	_____________________________

Report Title:  

State Procurement Office; Deadline; Written Protests