Haw. Code R. § 3-148-501

Current through March, 2024
Section 3-148-501 - Suspension of Award
(a) When a notice of protest has been submitted within the applicable protest period established in section 3-148-301, the award shall be suspended, and no further action to make the protested award shall be taken, including but not limited to
(1) Execution of a contract;
(2) The delivery of services in anticipation of the award; or
(3) Negotiations or discussions with a provider regarding an intended award or contract.
(b)Waiver of suspension. The chief procurement officer may waive the suspension of an award under this section upon making a written determination that includes the following:
(1) A determination that the award of the contract without delay is necessary to protect the health, safety, or welfare of a person from an imminent and serious threat;
(2) A brief factual description of the current situation, and how a delay would create an imminent and serious threat;
(3) A determination that the purchasing agency's lack of planning has not caused the necessity of the award delay;
(4) A determination that the waiver of the suspension has not been granted in order to frustrate the fair and speedy resolution of the protest; and
(5) A certification, that all the information and determinations in the written waiver are true and correct to the best of the chief procurement officer's knowledge.

Haw. Code R. § 3-148-501

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