HOUSE OF REPRESENTATIVES	H.B. NO.	1054
THIRTY-FIRST LEGISLATURE, 2021
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 per cent of the estimated value of the contract if the estimated value of the contract is less than $500,000;

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

(3) [One-half] Four and one-half per cent 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."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Procurement; Administrative Proceedings; Protest Bond; and Estimated Value of Contract

Description:

Amends section 103D-709, Hawaii Revised Statutes, 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 per cent; 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 per cent; to replace the protest bond amount when the estimated value of the contract is $1,000,000 or more from one-half per cent to four and one-half per cent; and to delete the $10,000 cap on the protest bond amount.

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