THE SENATE	S.B. NO.	3371
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

Relating to THE procurement Code.

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. Prior to submission of a protest, all parties shall use their best efforts to resolve concerns raised by the protesting party at the procurement officer level through open and frank discussions. Except as provided in sections 103D-303 and 103D‑304, a protest shall be submitted in writing within five working days after the aggrieved person knows or should have known of the facts giving rise thereto; provided that 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."

SECTION 2. Section 103F-501, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The protest shall be submitted to the head of the purchasing agency, in writing, within five working days after the postmark date on the notice of award. Prior to submission of a protest, all parties shall use their best efforts to resolve concerns raised by the protesting party at the procurement officer level through open and frank discussions."

SECTION 3. 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:

Requires parties to procurement protests to use best efforts to resolve issues at the procurement officer level before submission of a protest.

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