§103D-704 - Exclusivity of remedies. - Hawaii Statutes

     §103D-704  Exclusivity of remedies.  The procedures and remedies provided for in this part, and the rules adopted by the policy board, shall be the exclusive means available for persons aggrieved in connection with the solicitation or award of a contract, a suspension or debarment proceeding, or in connection with a contract controversy, to resolve their claims or differences.  The contested case proceedings set out in chapter 91 shall not apply to protested solicitations and awards, debarments or suspensions, or the resolution of contract controversies. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]

 

Case Notes

 

  Procurement code was not relevant to employer's claim for breach of duty of loyalty.  338 F.3d 1082.

  A protester is entitled to recover attorney's fees incurred in prosecuting its protest if the protester has proven the solicitation was in violation of this code, the contract was awarded in violation of §103D-701(f), and award of contract was in bad faith.  85 H. 431, 946 P.2d 1.