HB1902 • 2026

RELATING TO PROCUREMENT.

Active

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

Sponsor: TODD
Last action: 2026-01-26
Official status: Referred to FIN, referral sheet 2
Effective date: Not listed

Plain English Breakdown

The official source material does not provide specific details on the consequences for accidental disclosure of information by procurement officers.

Hawaii Procurement Law Changes

This bill changes Hawaii's procurement law to prohibit procurement officers from sharing detailed information about competing bids with losing bidders until after any disputes are settled and the contract is signed.

What This Bill Does

Changes a part of Hawaii's Public Procurement Code to limit what procurement officers can tell non-selected offerors during debriefings.
Requires procurement officers not to share other companies' proposals or scores with losing bidders until after any protests are resolved and the contract is signed.

Who It Names or Affects

Procurement officers in Hawaii
Companies bidding on contracts in Hawaii

Terms To Know

Debriefing: A meeting where a procurement officer explains the reasons for not selecting an offeror's proposal after a contract is awarded.
Procurement Officer: The person responsible for managing and overseeing the process of buying goods or services for government agencies.

Limits and Unknowns

Does not affect rights and duties that existed before this law was passed.
This bill does not specify what happens if a procurement officer accidentally shares too much information during debriefings.

Bill History

2026-01-26 H
Referred to FIN, referral sheet 2
2026-01-26 H
Introduced and Pass First Reading.
2026-01-23 H
Pending introduction.

Official Summary Text

RELATING TO PROCUREMENT.
Hawaii Public Procurement Code; Competitive Sealed Proposals; Disclosure of Competing Proposals
Prohibits a procurement officer from disclosing a competing offeror's proposal or evaluation score, except the summary of scores, to a non-selected offeror until after any protest is resolved and the contract is executed.

Current Bill Text

Read the full stored bill text

HB1902

HOUSE OF REPRESENTATIVES

H.B. NO.

1902

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to procurement
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The
legislature finds that confidentiality is essential to preserving integrity and
fairness in the procurement process.
�
The
legislature also finds that debriefings are a post-award process requested by a
non-selected offeror, through which the purchasing agency shares the overall
ranking of proposals and summarizes the rationale for the award decision,
thereby promoting the transparency and accountability in the procurement
process.
�
During debriefings, procurement
officers may also identify significant weaknesses or deficiencies in the requester's
proposal measured against the solicitation criteria.
�
However, disclosing point-by-point
comparisons of the debriefed proposal against those of other offerors, or the competing
offerors' scores, pricing strategies, or methodology during debriefings could
compromise confidentiality, undermine fair competition, and erode any
competitive advantage of offerors.

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Accordingly, the purpose of this Act is to
ensure evaluations and contract awards are conducted with the highest degree of
fairness and trust, by establishing clear guidance and standards on the
information that may be disclosed to non-selected offerors and the appropriate
timing of such disclosures for competitive sealed proposals under the Hawaii
Public Procurement Code.

����
SECTION
2
.
�
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 score, 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."

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SECTION 3.
�

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

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SECTION 4.
�

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

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SECTION 5.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Hawaii
Public Procurement Code; Competitive Sealed Proposals; Disclosure of Competing
Proposals

Description:

Prohibits
a procurement officer from disclosing a competing offeror's proposal or
evaluation score, except the summary of scores, to a non-selected offeror until
after any 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.