HB 988: Hawaii Public Procurement Code; Protest; Debriefing; Disclosure of Competing Proposals

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 scores, except the summary of scores, 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  Statutory material to be repealed is bracketed and stricken.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 on January 1, 2491.

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 scores, except the summary of scores, during a debriefing requested by a non-selected offeror.  Authorizes the disclosure of a competing offeror's proposal or evaluation scores after a protest is resolved and the contract is executed.  Effective 1/1/2491.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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 scores, except the summary of scores, 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 on July 1, 3000.

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 scores, except the summary of scores, during a debriefing requested by a non-selected offeror.  Authorizes the disclosure of a competing offeror's proposal or evaluation scores after a protest is resolved and the contract is executed.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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 scores, except the summary of scores, 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.

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, except the summary of scores, 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.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 1828

Honolulu, Hawaii

RE:    H.B. No. 988

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B. No. 988, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROCUREMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the Hawaii Public Procurement Code to prohibit the disclosure of a competing offeror's proposal or evaluation score to a non-selected offeror during a debriefing, until after any protest is resolved and the contract is executed.

     Your Committee received written comments in support of this measure from the Department of Accounting and General Services, Department of Transportation, and State Procurement Office.

Your Committee finds that under the Hawaii Public Procurement Code, the purpose of a debriefing is to explain the purchasing agency's overall ranking of all proposals and provide a summary of the rationale for the contract award.  Your Committee further finds that disclosure of details regarding the debriefed proposal to non-selected offerors would compromise the integrity of a procurement if a reevaluation of proposals were ordered later in the procurement process.  Your Committee recognizes that prohibiting the disclosure of a competing offeror's proposal or evaluation score up to the point of contract execution will protect the fairness of the procurement process and help to ensure that agencies receive the best value from public moneys.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 988, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 1259

Honolulu, Hawaii

RE:    H.B. No. 988

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Government Operations, to which was referred H.B. No. 988, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROCUREMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Prohibit a procurement officer from disclosing a competing offeror's proposal or evaluation scores, except the summary of scores, during a debriefing requested by a non-selected offeror; and

     (2)  Authorize the disclosure of a competing offeror's proposal or evaluation scores after a protest is resolved and the contract is executed.

     Your Committee received testimony in support of this measure from the Department of Accounting and General Services, Department of Transportation, and State Procurement Office.

     Your Committee received comments on this measure from the Department of Budget and Fiscal Services of the City and County of Honolulu and General Contractors Association of Hawaii.

     Your Committee finds that debriefings of non-selected offerors are meant to explain the purchasing agency's overall ranking of all proposals and rationale for award.  Debriefings should not focus on competing offerors because public disclosure of competing proposals before final contract execution may unfairly advantage some competitors.  Risks to proprietary and other confidential information caused by these disclosures may also result in fewer proposal submissions and higher procurement costs, ultimately harming the procurement process.  This administrative measure will protect the integrity and fairness of the procurement process by clarifying which information the procurement officer shall not disclose during a debriefing.

     Your Committee has amended this measure by inserting an effective date of January 1, 2491, to encourage further discussion.

     Your Committee notes the concerns expressed by the Department of Budget and Fiscal Services of the City and County of Honolulu that this measure may be more effective if it permitted disclosure of certain information after the contract is awarded, rather than executed, to better align with existing protest and debriefing timelines.  Your Committee finds that this issue raises concerns that merit further consideration and respectfully requests that subsequent Committees to which this measure is referred examine this matter.

     Your Committee further notes that some state agencies may require clarification on which information may be disclosed during a debriefing with a non-selected offeror.  Therefore, your Committee believes the State Procurement Office should issue a memorandum to all state agencies specifying the information subject to disclosure and when in the procurement process that information may be disclosed.

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 988, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 988, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Government Operations,

STAND. COM. REP. NO.  991

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 988

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 988 entitled:

"A BILL FOR AN ACT RELATING TO PROCUREMENT,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Prohibit a procurement officer from disclosing a competing offeror's proposal or evaluation scores, except the summary of scores, during a debriefing requested by a non-selected offeror; and

     (2)  Authorize the disclosure of a competing offeror's proposal or evaluation scores after a protest is resolved and the contract is executed.

     Your Committee received testimony in support of this measure from the Department of Accounting and General Services; Department of Transportation; and State Procurement Office.  Your Committee received comments on this measure from the General Contractors Association of Hawaii.

     Your Committee finds that the purpose of a debriefing is to explain a purchasing agency's overall ranking of all proposals and provide a summary of the rationale for any awards.  Public disclosure of competing proposals that contain confidential information prior to final contract execution could foreseeably give an unfair competitive advantage to other offerors.  Your Committee further finds that this measure provides clear guidance to purchasing agencies regarding what cannot be disclosed at a debriefing, in order to maintain integrity, confidentiality, and fairness during the procurement process.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 988, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 988, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,