§102-3  Qualification of bidders. Before any prospective bidder is entitled to submit any bid for the occupancyof any such space, the prospective bidder shall, not less than six calendardays prior to the day designated for opening bids, give written notice to theofficer charged with letting the contract of the prospective bidder's intentionto bid, and the officer shall satisfy oneself of the prospective bidder'sfinancial ability, experience and competence to carry out the terms andconditions of any contract that may be awarded.  For this purpose, the officermay, in the officer's discretion, require prospective bidders to submitanswers, under oath, to questions contained in a form of questionnaire settingforth a complete statement of the experience, competence and financial standingof the prospective bidders.  Whenever it appears to the officer, from answersto the questionnaire or otherwise, that any prospective bidder is not fullyqualified and able to carry out the terms and conditions of the contract thatmay be awarded, the officer shall, after affording the prospective bidder anopportunity to be heard and if still of the opinion that the bidder is notfully qualified to carry out the terms and conditions of the contract that maybe awarded, refuse to receive or consider any bid offered by the prospectivebidder.  The officer charged with letting the contract shall not divulge orpermit to be divulged the names and the number of persons who have submittedtheir notice of intention to bid until after the opening of bids.  Allinformation contained in the answers to questionnaires shall remainconfidential, and any government officer or employee who knowingly divulges orpermits to be divulged any such information to any person not fully entitled theretoshall be fined not more than $250.  Questionnaires so submitted shall bereturned to the bidders after having served their purpose. [L 1959, c 245, §2;am L 1962, c 5, §3; Supp, §7B-2; HRS §102-3; gen ch 1985]

 

Case Notes

 

  Bidders qualifications may be considered after bids have beenreceived and considered as well as before.  47 H. 499, 393 P.2d 60; 5 H. App.13, 674 P.2d 1019.