THE SENATE

S.B. NO.

2843

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PROCUREMENT.

 

 

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

 


     SECTION 1.  Section 103D-709, Hawaii Revised Statutes, is amended by amending subsection (e)to read as follows:

     "(e) The party initiating a proceeding falling within subsection (d) shall pay to the department of commerce and consumer affairs a cash or protest bond in the amount of:

     (1)  $1,000 for a contract with an estimated value of One percent of the estimated value of the contract if the estimated value of the contract is less than $500,000;

     (2)  Two and one-half percent of the estimated value of the contract if the estimated value of the contract is $2,000 for a contract with an estimated value of $500,000 or more, but less than $1,000,000; or

     (3)  Four and one-half One-half percent of the estimated value of the contract if the estimated value of the contract is $1,000,000 or more; provided that in no event shall the required amount of the cash or protest bond be more than $10,000.

     If the initiating party prevails in the administrative proceeding, the cash or protest bond shall be returned to that party.  If the initiating party does not prevail in the administrative proceeding, the cash or protest bond shall be deposited into the general fund.

 

 

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Procurement; protest bond.

 

Description:

To revise Hawaii Revised Statutes 103D-709, Administrative proceedings for review to replace the protest bond amount for a contract with an estimated value of less than $500,000 from $1,000 to one-percent; to replace the protest bond amount for a contract with an estimated value of less than $1,000,000 from $2,000 to two and one-half percent; to replace the protest bond amount when the estimated value of the contract is $1,000,000 or more from one-half percent to four and one-half percent; to delete the $10,000 cap on the protest bond amount.

 

 

 

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