PROTEST, REQUEST FOR STAY OF AWARD, AND CLAIM FOR COSTS

Before the [STATE PROCUREMENT OFFICE / HEARINGS OFFICER]

In the Matter of: [PROTESTER LEGAL NAME]

Solicitation/Contract No.: [SOLICITATION OR CONTRACT NUMBER]
Agency: [CONTRACTING AGENCY FULL NAME]
Protest No.: [DOCKET NUMBER (IF APPLICABLE)]

[// GUIDANCE: This template is drafted for use in filing a post-award or pre-award bid protest under Hawaii's procurement code (HRS Chapter 103D). Customize bracketed placeholders and confirm all cited procurement rules and protest procedures against the most current versions before filing.]

TABLE OF CONTENTS

1. Document Header
2. Recitals
3. Definitions
4. Jurisdiction and Standing
5. Operative Provisions
   5.1 Statement of Relevant Facts
   5.2 Grounds of Protest
   5.3 Requested Remedies
6. Representations & Certifications
7. Covenants & Restrictions
8. Default & Remedies
9. Risk Allocation
10. Dispute Resolution
11. General Provisions
12. Execution Block
13. Certificate of Service
14. Exhibit Index

1. DOCUMENT HEADER

This Protest, Request for Stay of Award, and Claim for Costs (the "Protest") is submitted by [PROTESTER LEGAL NAME], a [STATE OF INCORPORATION/FORMATION] [corporation/LLC/other] ("Protester"), against [CONTRACTING AGENCY FULL NAME] (the "Agency") concerning Solicitation/Contract No. [SOLICITATION OR CONTRACT NUMBER] (the "Solicitation"). The effective date of this Protest is [DATE] (the "Effective Date"). This Protest is governed by Hawaii Revised Statutes Chapter 103D (Hawaii Public Procurement Code), Hawaii Administrative Rules Title 3, Chapter 126, and applicable protest procedures (collectively, the "Applicable Law").

2. RECITALS

A. WHEREAS, the Agency issued the Solicitation on [DATE] for [BRIEF DESCRIPTION OF PROCUREMENT];
B. WHEREAS, Protester timely submitted a proposal on [DATE];
C. WHEREAS, on [DATE OF AGENCY ACTION], the Agency [announced its intent to award/awarded] the contract to [AWARDEE NAME] (the "Awardee");
D. WHEREAS, Protester believes the Agency's conduct is inconsistent with the Applicable Law and has materially prejudiced Protester;
E. WHEREAS, Protester files this Protest within the time required by HRS § 103D-701 and HAR § 3-126-3, thereby preserving any available stay of award or performance;
F. NOW, THEREFORE, Protester files this Protest and respectfully requests the relief set forth herein.

3. DEFINITIONS

For purposes of this Protest:

"Agency Report" means the contracting agency's report required by HAR § 3-126-6.
"Awardee" means [AWARDEE NAME], the offeror selected for award under the Solicitation.
"Competitive Prejudice" means that, but for the Agency's error, Protester would have had a substantial chance of receiving the award.
"Corrective Action" means measures taken by the Agency to remedy the procurement errors identified herein, including but not limited to re-evaluation, amendment, re-solicitation, or termination of the existing award.
"Debriefing" means the post-award debriefing conducted pursuant to HRS § 103D-303 on [DATE].
"Protest Grounds" has the meaning set forth in Section 5.2.
"Protected Material" has the meaning set forth in any protective order or confidentiality agreement applicable to this Protest.

[// GUIDANCE: Add, remove, or modify defined terms as needed. Ensure each defined term is capitalized consistently throughout.]

4. JURISDICTION AND STANDING

4.1 Jurisdiction. This Protest is properly before the State Procurement Office or designated hearings officer under HRS § 103D-701 and HAR Chapter 3-126.
4.2 Standing. Protester is an actual or prospective bidder whose direct economic interest is affected by the Agency's actions and therefore has standing under the Applicable Law.
4.3 Timeliness. This Protest is filed within five (5) working days after Protester knew or should have known of the facts giving rise to the protest, as required by HRS § 103D-701(a). See Recital E.

5. OPERATIVE PROVISIONS

5.1 Statement of Relevant Facts

[PLACEHOLDER—Provide a concise chronological narrative of the procurement, including solicitation issuance, proposal submission, evaluation, notices, debriefing, and any exchanges.]

5.2 Grounds of Protest

Protester asserts the following grounds, each an independent basis for sustaining the Protest (collectively, the "Protest Grounds"):

a. Evaluation Errors. The Agency's technical and/or price evaluation deviated from the stated evaluation criteria and the Applicable Law.
b. Unequal Discussions. The Agency engaged in discussions with Awardee but failed to afford Protester a similar opportunity, contrary to the Applicable Law.
c. Best-Value Tradeoff Flaws. The Agency failed to perform a rational best-value determination consistent with the Solicitation and the Applicable Law.
d. Organizational Conflict of Interest. The Agency improperly disregarded significant conflicts affecting Awardee, contrary to the Applicable Law.
e. [ADDITIONAL GROUNDS AS APPLICABLE].

[// GUIDANCE: Each ground should (1) restate the solicitation requirement, (2) cite the Agency's conduct, and (3) explain the legal non-compliance.]

5.3 Requested Remedies

Protester respectfully requests that the protest authority:
1. Sustain the Protest;
2. Recommend that the Agency undertake Corrective Action, including but not limited to [RE-EVALUATION / RE-COMPETITION / TERMINATION OF AWARD];
3. Direct the Agency to stay further contract performance pending the outcome of this Protest, pursuant to HRS § 103D-701(f);
4. Award Protester its reasonable attorneys' fees, consultant fees, and costs of pursuing this Protest to the extent authorized by HRS § 103D-701(g); and
5. Provide such other and further relief as the protest authority deems just and proper.

6. REPRESENTATIONS & CERTIFICATIONS

6.1 Accuracy. Protester certifies that the statements of fact set forth herein are true and correct to the best of its knowledge.
6.2 Protective Order. Protester's undersigned counsel is prepared to comply with any protective order or confidentiality restrictions issued in this Protest and will safeguard Protected Material accordingly.
6.3 No Pending Litigation. Other than this Protest and any related agency-level protest filed on [DATE, if applicable], Protester represents that no action concerning the subject matter hereof is pending before any court or tribunal.

7. COVENANTS & RESTRICTIONS

7.1 Duty of Candor. Protester shall promptly supplement the record if it becomes aware of any material misstatement or omission.
7.2 Cooperation with Protest Procedures. Protester commits to comply with all scheduling orders, page limits, and redaction protocols imposed by the protest authority.
7.3 Non-Solicitation of Agency Personnel. Protester shall not solicit or attempt to influence Agency personnel outside the formal protest process.

8. DEFAULT & REMEDIES

8.1 Failure to Produce Agency Report. Should the Agency fail to submit its Agency Report within the time prescribed by HAR § 3-126-6, Protester will seek appropriate relief from the protest authority.
8.2 Breach of Protective Order. Any breach of a protective order by counsel shall entitle Protester to seek appropriate sanctions under the Applicable Law.

9. RISK ALLOCATION

9.1 Costs Cap. Protester acknowledges that any award of protest costs, if available, is limited to the extent authorized by HRS § 103D-701(g).
9.2 No Indemnification. Indemnification is not applicable to this administrative proceeding.

10. DISPUTE RESOLUTION

10.1 Governing Law. This Protest is governed by the Applicable Law, including HRS Chapter 103D, HAR Title 3 Chapter 126, and the Agency's procurement regulations.
10.2 Forum Selection. Initial jurisdiction lies with the State Procurement Office or designated hearings officer. If the Protest is dismissed or denied, Protester reserves the right to pursue administrative appeal to the circuit court under HRS § 103D-710.
10.3 Arbitration. Arbitration is not available for bid protests absent specific statutory mandate.
10.4 Jury Waiver. This is an administrative proceeding; jury trial rights are inapplicable.
10.5 Injunctive Relief. Protester seeks any available stay of award/performance as authorized by HRS § 103D-701(f).

11. GENERAL PROVISIONS

11.1 Amendments. Protester reserves the right to amend or supplement this Protest as permitted by the Applicable Law.
11.2 Severability. If any provision herein is held unenforceable, the remaining provisions shall remain in full force.
11.3 Integration. This document constitutes the entire protest submission as of the Effective Date.

12. EXECUTION BLOCK

Counsel of Record:
[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME], Esq.
Bar No.: [BAR NUMBER]
Address: [ADDRESS]
Telephone: [PHONE]
E-mail: [EMAIL]

[// GUIDANCE: Add notary block only if required by a specific agency instruction.]

13. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused a true and correct copy of the foregoing Protest, along with all accompanying exhibits, to be served on the following via [E-MAIL/FACSIMILE/COURIER]:

1. [STATE PROCUREMENT OFFICE ADDRESS / EMAIL]
2. [AGENCY PROTEST LIAISON OFFICER NAME], Agency Counsel
3. [AWARDEE COUNSEL NAME] (if known)

__________________________________
[ATTORNEY NAME], Esq.

14. EXHIBIT INDEX

Exhibit A Solicitation/Amendments
Exhibit B Protester's Proposal (Redacted)
Exhibit C Agency Debriefing Materials
Exhibit D Source Selection Decision Document (Redacted)
Exhibit E Declaration of [NAME], [TITLE]
Exhibit F [ADDITIONAL EXHIBITS AS NEEDED]

Hawaii-Specific Statutory References

• Hawaii Public Procurement Code: HRS Chapter 103D
• Protest procedures: HRS § 103D-701
• Administrative review: HAR Title 3, Chapter 126
• Stay of award: HRS § 103D-701(f)
• Costs and fees: HRS § 103D-701(g)
• Judicial review: HRS § 103D-710

[// GUIDANCE: Attach exhibits in the order referenced in the Statement of Facts. Redact proprietary information in accordance with the Applicable Law.]