THE SENATE	S.B. NO.	1138
THIRTY-SECOND LEGISLATURE, 2023
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-303, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

     "(h)  In cases of awards made under this section, non‑selected offerors may submit a written request for debriefing to the procurement officer within three working days after the posting of the award of the contract.  Thereafter, the procurement officer shall provide the non-selected offeror a prompt debriefing[.], but shall not disclose any competing offeror's proposal or evaluation score until after any protest is resolved and the contract is executed.  Any protest by the non-selected offeror pursuant to section 103D-701 following debriefing shall be filed in writing with the procurement officer within five working days after the date upon which the debriefing is completed."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Hawaii Public Procurement Code; Protest; Debriefing; Disclosure of Competing Proposals

 

Description:

Prohibits a procurement officer from disclosing a competing offeror's proposal or evaluation score during a debriefing requested by a non-selected offeror.  Authorizes the disclosure of a competing offeror's proposal or evaluation score after a protest is resolved and the contract is executed.

 

 

 

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