Hawaii State Procurement Office (SPO)
Procurement of Health and Human Services ~ Chapter 103F, HRS
SPO >Procurement of Health and Human Services > Protests > Requests for Reconsideration
The Request for Reconsideration Process
A request for reconsideration may only be used in conjunction with the protest process.
When a protestor feels the written decision by the head of a purchasing agency was incorrect pursuant to chapter 3-148, Hawaii Administrative Rules, the protestor may submit a request for reconsideration to the chief procurement officer.
Step by Step Procedures (and forms)
Responsibilities of Participants in a Request for Reconsideration
The procedures are similar to the protest procedures.
Basis of the Request for Reconsideration
The basis of the request for reconsideration must be based on the materials presented to the head of the purchasing agency during the initial protest procedure.
Allowable Remedies Upon Re-Opening a Protest
If the chief procurement officer's decision is to re-open the protest, the methods to resolve the protest can be one or any combination of the following:
Amending or canceling the request for proposals;
If a contract has been awarded, terminating the contract or declaring the contract null and void from the time of its award;
Initiating a new process to award the contract either by reopening the evaluation process or issuing a new procurement;
Affirming the purchasing agencies decision; or
Dismissing the protestor’s protest.
SPO >Procurement of Health and Human Services > Protests > Requests for Reconsideration > Step by Step Procedures
| Step | Title |
Who Does It |
Submittal Deadline (When must it be done?) | To Whom | Form Number |
|---|---|---|---|---|---|
| 1 | Request
for Reconsideration
|
Protestor | Within 5 working days days of the receipt of the written decision by the head of the purchasing agency. See comments. | Chief procurement officer
Procurement officer Head of purchasing agency |
SPO-H-810 |
| 2 | Reply | State purchasing agency | Within 5 working days of the receipt of the request for reconsideration. | Chief procurement officer
Protestor |
--- |
| 3 | Decision by the Chief Procurement Officer | Chief procurement officer | Within 15 calendar days of the receipt of the request for reconsideration. See comments. | Protestor
Procurement officer Head of purchasing agency |
--- |
Step 1: Request for Reconsideration
Who Does it: Protestor
Description:
The protestor may file a request for reconsideration of a decision by the head of the purchasing agency. It must contain the following:
A detailed statement of the factual and legal grounds for reconsideration based on the materials presented to the head of the purchasing agency during the initial protest procedure.
Copies of the scheduling order, formal protest, response, reply, decision and supporting materials submitted during the initial protest procedure.
Comments: The purpose of this process is to review the decision of the head of the purchasing agency based on the information presented during the protest process. New information or a new basis for a protest may not be introduced at this time.
Submittal Deadline: Within 5 days of receipt of the written decision of the head of the purchasing agency. If mailed it will be considered submitted on the date it was postmarked by US mail. All other deliveries will be considered hand deliveries and considered on the date received.
To Whom: 1) Chief Procurement Officer and 2) Procurement Officer
Form Number: SPO-H-810 (.pdf /Adobe Acrobat format)
Who Does it? State purchasing agency
Description: The State purchasing agency may submit a reply to the request for reconsideration based on the materials submitted to the head of the purchasing agency during the initial protest period.
Comments: Note that the reply must be based on materials submitted to the head of the purchasing agency during the protest.
Submittal Deadline: Within 5 working days of the receipt of the request for reconsideration.
To Whom: 1) Chief Procurement Officer and 2) Protestor
Form Number: There is no form associated with this step.
Step 3: Written Decision by the Chief Procurement Officer
Who Does it? Chief Procurement Officer
Description:
The chief procurement officer issues a written decision to the request for reconsideration resolving the protest which must contain:
The decision to uphold the decision of the head of the purchasing agency or to re-open the protest and award an appropriate remedy (see Allowable Remedies upon Re-Opening a Protest); and
A detailed statement of the reason for the decision, including factual findings.
Comments:
Delivery will be by:
hand delivery, or
US mail and to the extent practicable by fax.
Submittal Deadline: Within 15 calendar days of the receipt of the request for reconsideration unless the chief procurement officer determines an extension is necessary and notifies both parties.
To Whom: 1) Protestor 2) Head of Purchasing Agency and 3) Procurement Officer
Form Number: There is no form associated with this step.
Mara Smith at 808.587.4704 or mara.smith@hawaii.gov
or
Corinne Higa at 808.587.4706 or corinne.y.higa@hawaii.gov.
*Note: To view/print the PDF Documents*, a copy of the freeware Adobe Reader® is needed. Download the latest version here.
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