Haw. Code R. § 3-148-306

Current through September, 2024
Section 3-148-306 - Decision by the head of the purchasing agency
(a) When a protest cannot be resolved by mutual agreement, the head of the purchasing agency shall resolve the protest by a written decision issued in accordance with this section.
(b)Time for issuance of decision. The written decision shall be issued within the time frame established by the scheduling order, unless the head of the purchasing agency determines that an extension to a certain date is necessary, and gives written notice of the extended deadline to the parties.
(c)Form and contents of decision. Every decision issued in resolution of a protest shall contain the following:
(1) A statement of the action to be taken or resolution to the protest;
(2) A detailed statement of the reason for the resolution, including factual findings;
(3) A statement of the protestor's right to reconsideration; and
(4) A statement that the decision is final and conclusive, unless a timely request for reconsideration is made.
(d)Allowed methods for resolving protests. The head of the purchasing agency may use only the following methods, singularly or in any combination, to settle and resolve a protest:
(1) Amending or canceling a request for proposals;
(2) Terminating the contract that was awarded;
(3) Initiating a new process to award a contract by either re-opening the evaluation process or commencing a new procurement process;
(4) Declaring the contract full and void from the time of its award;
(5) Affirming the purchasing agency's contract award decision; and
(6) Dismissing the protestor's protest.
(e)Submission of decision. Copies of the decision shall be submitted to the protestor, the procurement officer in charge of the protested procurement, and the chief procurement officer by
(1) Hand delivery; or
(2) By United States mail and, to the extent practicable, by telefacsimile transmission.

Haw. Code R. § 3-148-306

[Eff JUN 19 1999] (Auth: HRS § 103F-106) (Imp: HRS § 103F-501)