HRS 0103D-0701 ANNOTATIONS

A "substantial interest determination" pursuant to subsection (f) must specifically identify the state interests involved and articulate why it is necessary for the protection of those interests that the contract be awarded without delay. 85 H. 431, 946 P.2d 1.

Award and performance of library automation services contract violated subsection (f) where award of contract without delay was not necessary to protect any substantial state interest. 85 H. 431, 946 P.2d 1.

Chief procurement officer authorized under §§103D-203 and 103D-204 (pre-1997) to make substantial interest determination under subsection (f) for public library system was superintendent of education and not administrator of state procurement office. 85 H. 431, 946 P.2d 1.

Substantial interest determination improper and did not satisfy subsection (f) to the extent determination was based on assessment of merits of unsuccessful bidder's protest. 85 H. 431, 946 P.2d 1.

Where the evaluation process is so fundamentally flawed that determination of who should have been awarded the contract was not, and cannot be, made, and the contract has already been awarded in bad faith and in violation of subsection (f), a successful protester who was not awarded the contract is entitled to recover bid preparation costs under subsection (g). 85 H. 431, 946 P.2d 1.

Where timely protest made by unsuccessful bidder, award and execution of contract by agency head with successful bidder without substantial interest determination by chief procurement officer was violation of subsection (f) and in bad faith. 85 H. 431, 946 P.2d 1.