Haw. Code R. § 3-122-97

Current through April, 2024
Section 3-122-97 - Rejection of offer
(a) A bid shall be rejected for reasons including but not limited to:
(1) The bidder is nonresponsible as determined by subchapter 13; or
(2) The bid is not responsive, that is, it does not conform in all material respects to the solicitation by reason of its failure to meet the requirements of the specifications or permissible alternates or other acceptability criteria set forth in the solicitation, pursuant to section 3-122-33.
(b) A proposal may be accepted with modification or correction, unless the solicitation states otherwise.
(1) This allowance must be considered in determining whether reasons exist for rejecting all or any part of a proposal.
(2) A proposal shall be rejected for reasons including but not limited to:
(A) The offeror is nonresponsible as determined by subchapter 13;
(B) The proposal, after any opportunity has passed for modification or clarification, fails to meet the announced requirements of the agency in some material respect; or
(C) The proposed price is clearly unreasonable.
(c) An offeror may not limit acceptance to the entire bid or proposal offering, unless allowed by the solicitation:
(1) If the acceptance of an offer is so limited by the offeror but not allowed, the offer will be determined to be not acceptable and rejected.
(2) If the acceptance of an offer is so limited by the offeror and allowed, the purchasing agency shall not reject part of the offer and award on the remainder.
(d) A written notice shall be sent to the offeror advising of the reasons for the rejection.

Haw. Code R. § 3-122-97

[Eff 12/15/95; comp 11/17/97; am and comp MAR 21 2008] (Auth: HRS §§ 103D-202, 103D-308) (Imp: HRS § 103D-308)