HB1297 • 2026

RELATING TO PROCUREMENT.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: YAMASHITA
Last action: 2026-04-02
Official status: Received notice of the discharge of all House Conferees (Hse. Com. No. 457).
Effective date: Not listed

Plain English Breakdown

The exact dollar amount for the cap on protest bond amounts is not specified in the provided official bill text.

Procurement Rules Update

This bill sets a time limit for submitting bid protests, limits the decision-making period for resolving protests, caps protest bond amounts, and removes requirements for administrative hearings to find an appeal frivolous before forfeiting the bond.

What This Bill Does

Sets a five working day deadline to submit a protest after knowing about an issue with a contract award or solicitation.
Limits the decision-making period for resolving protests to seventy-five calendar days for contracts awarded through competitive sealed bids or proposals.
Caps the amount of money that must be put up as a bond when filing a protest at one percent of the estimated value of the contract, but not more than a specific dollar amount.
Removes the requirement that an appeal must be found frivolous before forfeiting the protest bond to the state if the party loses.

Who It Names or Affects

People and companies who bid on contracts with government agencies.
Government procurement officers responsible for handling protests.

Terms To Know

bid protest: A formal objection to a contract award or solicitation by someone involved in the bidding process.
protest bond: Money put up as security when filing a bid protest, which may be forfeited if the protest is unsuccessful.

Limits and Unknowns

The bill does not specify what happens to protests submitted after the effective date of July 1, 3000.
It's unclear how the changes will affect ongoing or future procurement processes before the bill becomes law.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment sets a time limit for submitting bid protests, extends the decision period for protest resolution to 75 days for certain contracts, caps the amount of protest bonds, and removes the requirement that an appeal be found frivolous before forfeiting the bond.

Sets a five-working-day deadline for filing protests related to contract solicitations or awards.
Extends the time limit for resolving bid protests on specific types of contracts to seventy-five calendar days.
Caps the amount of protest bonds at one percent of the estimated value of the contract, with a maximum cap not specified in the text.
Removes the requirement that an appeal be found frivolous or made in bad faith before forfeiting the bond.

The exact maximum limit for protest bonds is unspecified and marked as '[ ]' in the amendment text, which makes it unclear what the actual cap amount is.
Some parts of the amendment are technical and may require further clarification or context to fully understand their implications.

SD1

Hawaii published version SD1

Plain English: This amendment sets a time limit for submitting bid protests, extends the decision-making period for resolving protests, caps the protest bond amount, and applies these changes to all contracts awarded by competitive sealed bid or proposal.

Sets a five-working-day deadline for filing a protest after an aggrieved party knows of the issue, with exceptions for specific types of protests.
Extends the time limit for issuing a written decision on protests from mutual agreement to seventy-five calendar days, allowing for up to forty-five additional days if justified.
Caps the amount of the protest bond at $1.5 million.

The effective date of July 1, 3000, is likely a placeholder and not intended as a real future implementation date.

Bill History

2026-04-02 S
Received notice of the discharge of all House Conferees (Hse. Com. No. 457).
2026-04-01 H
House Conferee(s) discharged.
2026-03-20 H
Received notice of all Senate conferees being discharged (Sen. Com. No. 409).
2026-03-20 S
Senate Conferee(s) discharged.
2025-12-08 D
Carried over to 2026 Regular Session.
2025-04-16 H
Received notice of Senate conferees (Sen. Com. No. 810).
2025-04-16 S
Senate Conferees Appointed: McKelvey Chair; Kim, Rhoads Co-Chairs; Gabbard, Fevella.
2025-04-15 S
Received notice of appointment of House conferees (Hse. Com. No. 732).
2025-04-14 H
House Conferees Appointed: Yamashita Chair; Takenouchi, Alcos.
2025-04-11 S
Received notice of disagreement (Hse. Com. No. 704).
2025-04-10 H
House disagrees with Senate amendment (s).
2025-04-08 H
Returned from Senate (Sen. Com. No. 756) in amended form (SD 1).
2025-04-08 S
Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2025-04-04 S
One Day Notice 04-08-25.
2025-04-04 S
Reported from WAM/JDC (Stand. Com. Rep. No. 1702) with recommendation of passage on Third Reading.
2025-04-01 S
The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) DeCoite.
2025-04-01 S
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2025-03-27 S
The committee(s) on WAM/JDC will hold a public decision making on 04-01-25 10:00AM; Conference Room 211 & Videoconference.
2025-03-21 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM/JDC.
2025-03-21 S
Reported from GVO (Stand. Com. Rep. No. 1271) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM/JDC.
2025-03-18 S
The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in GVO were as follows: 5 Aye(s): Senator(s) McKelvey, Gabbard, Moriwaki, San Buenaventura; Aye(s) with reservations: Senator(s) Fevella ; 0 No(es): none; and 0 Excused: none.
2025-03-14 S
The committee(s) on GVO has scheduled a public hearing on 03-18-25 3:05PM; Conference Room 225 & Videoconference.
2025-03-14 S
Re-Referred to GVO, WAM/JDC.
2025-03-06 S
Referred to GVO, WAM.
2025-03-06 S
Passed First Reading.
2025-03-06 S
Received from House (Hse. Com. No. 353).
2025-03-04 H
Passed Third Reading with none voting aye with reservations; Representative(s) Alcos, Garcia, Muraoka voting no (3) and Representative(s) Kapela, Pierick, Ward excused (3). Transmitted to Senate.
2025-02-28 H
Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with Representative(s) Shimizu voting aye with reservations; Representative(s) Alcos, Garcia voting no (2) and Representative(s) Cochran, Pierick, Templo, Ward excused (4).
2025-02-28 H
Reported from FIN (Stand. Com. Rep. No. 994) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading.
2025-02-26 H
The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 15 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Ward.
2025-02-24 H
Bill scheduled to be heard by FIN on Wednesday, 02-26-25 10:50AM in House conference room 308 VIA VIDEOCONFERENCE.
2025-01-27 H
Referred to FIN, referral sheet 4
2025-01-23 H
Introduced and Pass First Reading.
2025-01-22 H
Pending introduction.

Official Summary Text

RELATING TO PROCUREMENT.
Procurement Code; Protests; Bonds
Sets a time limit for submitting bid protests. Makes the seventy-five-day limit for issuing a written decision on protests apply to any contract awarded by competitive sealed bid or competitive sealed proposal. Caps the protest bond amount. Effective 7/1/3000. (SD1)

Current Bill Text

Read the full stored bill text

HB1297

HOUSE OF REPRESENTATIVES

H.B. NO.

1297

THIRTY-THIRD LEGISLATURE, 2025

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-701, Hawaii Revised Statutes, is
amended as follows:

����
1.
��
By amending subsection (a) to read:

����
"(a)
�
Any actual or prospective bidder, offeror, or
contractor who is aggrieved in connection with the solicitation or award of a
contract may protest to the chief procurement officer or a designee as
specified in the solicitation.
�
Except as
provided in sections 103D-303 and 103D-304, a protest shall be submitted in
writing within five working days after the aggrieved person knows or should
have known of the facts giving rise [
thereto;
]
to the protest;

provided that a protest of an award or proposed award shall in any event be
submitted in writing within five working days after the posting of award of the
contract under section 103D-302 or 103D-303, if no request for debriefing has
been made, as applicable; provided further that no protest based upon the
content of the solicitation shall be considered unless it is submitted in
writing
at least twenty‑four hours
prior to the date
and time

set for the receipt of offers."

����
2.
�
By amending subsection (c) to read:

����
"(c)
�
The chief procurement officer or a designee
shall resolve any protest as expeditiously as possible.
�
If the protest is not resolved by mutual
agreement, the chief procurement officer or a designee shall issue a written
decision to uphold or deny the protest.
�

The decision shall:

����
(1)
�
State the reasons for the action taken; and

����
(2)
�
Inform the protestor of the protestor's right
to an administrative proceeding as provided in this part, if applicable.

If the protest of [
a construction contract or
airport
]
any
contract that is awarded pursuant to section 103D-302
or 103D‑303 is not resolved by mutual agreement, the chief procurement
officer or a designee shall issue a written decision to uphold or deny the
protest within seventy-five calendar days of receipt of the protest; provided
that the chief procurement officer or a designee may grant an extension based
on written justification of the extenuating circumstances; provided further
that the extension shall not exceed forty-five calendar days."

����
SECTION
2
.
�
Section 103D-709, Hawaii Revised Statutes, is
amended by amending subsection (e) to read as follows:

����
"(e)
�
The party initiating a proceeding falling
within subsection (d) shall pay to the department of commerce and consumer
affairs a cash or protest bond in the amount of one per cent of the estimated
value of the contract[
.
]
; provided that the amount of the bond shall
not exceed $
���������
.

����
The cash or protest bond shall be
returned to that party, minus administrative costs as determined by the office
of administrative hearings of the department of commerce and consumer affairs;
provided that full forfeiture of the cash or protest bond shall occur if the
initiating party does not prevail in the administrative proceeding and [
the
office of administrative hearings finds that the appeal was frivolous or made
in bad faith, in which case
] the cash or protest bond shall be deposited
into the general fund."

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

����
SECTION
4.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

����
SECTION 5.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Procurement
Code; Protests; Bonds

Description:

Sets time
limit for submitting bid protests.
�
Makes
75 day limit for written decision on protest apply to any contract awarded by
competitive sealed bid or competitive sealed proposal.
�
Caps the protest bond amount.
�
Deletes the requirement of an administrative
hearing office finding that an appeal is frivolous or in bad faith before the
protest bond is forfeited to the State by the non-prevailing party.

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