Haw. Rev. Stat. § 103D-903 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-903
Duties of the chief procurement officer.
Status: in_force

(a) The chief procurement officer may coordinate the implementation of this part with any similar programs offered by the department of business, economic development, and tourism or any other governmental body.

(b) The chief procurement officer may provide staff to provide service to designated state agencies to assist small businesses in learning how to do business with the State.

(c) In carrying out this part, the chief procurement officer may:

(1) Give special publicity to procurement procedures and issue special publications designed to assist small businesses in learning how to do business with the State;

(2) Compile, maintain, and make available source lists of small businesses for the purpose of encouraging procurement from small business;

(3) Include small businesses on solicitation mailing lists;

(4) Develop and conduct training programs to assist small businesses;

(5) Reduce the level or change the types of bonding normally required or accept alternative forms of security;

(6) Make special provisions for progress payments;

(7) Establish the goal that twenty per cent of the State's annual purchasing expenditure be awarded to small business; and

(8) Impose mandatory evaluation criteria designed to encourage the use of small business as subcontractors on large contracts not susceptible to performance by small business. [L Sp 1993, c 8, pt of §2; am L 2005, c 50, §4]
Haw. Rev. Stat. § 103D-709 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-709
Administrative proceedings for review.
Status: in_force

(a) The several hearings officers appointed by the director of the department of commerce and consumer affairs pursuant to section 26-9(f) shall have jurisdiction to review and determine de novo, any request from any bidder, offeror, contractor, or person aggrieved under section 103D-106, or governmental body aggrieved by a determination of the chief procurement officer, head of a purchasing agency, or a designee of either officer under section 103D-310, 103D-701, or 103D-702.

(b) Hearings to review and determine any request made pursuant to subsection (a) shall commence within twenty-one calendar days of receipt of the request. The hearings officers shall have power to issue subpoenas, administer oaths, hear testimony, find facts, make conclusions of law, and issue a written decision, not later than forty-five days from the receipt of the request under subsection (a), that shall be final and conclusive unless a person or governmental body adversely affected by the decision commences an appeal in the circuit court of the circuit where the case or controversy arises under section 103D-710.

(c) Only parties to the protest made and decided pursuant to sections 103D-701, 103D-709(a), 103D-310(b), and 103D-702(g) may initiate a proceeding under this section. The party initiating the proceeding shall have the burden of proof, including the burden of producing evidence as well as the burden of persuasion. The degree or quantum of proof shall be a preponderance of the evidence. All parties to the proceeding shall be afforded an opportunity to present oral or documentary evidence, conduct cross-examination as may be required, and present argument on all issues involved. Fact finding under section 91-10 shall apply.

(d) Any bidder, offeror, contractor, or person that is a party to a protest of a solicitation or award of a contract under section 103D-302 or 103D-303 that is decided pursuant to section 103D-701 may initiate a proceeding under this section; provided that:

(1) For contracts with an estimated value of less than $1,000,000, the protest concerns a matter that is greater than $10,000; or

(2) For contracts with an estimated value of $1,000,000 or more, the protest concerns a matter that is equal to no less than ten per cent of the estimated value of the contract.

(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.

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.

(f) In addition to the bond required in subsection (e), the initiating party shall pay to the department of commerce and consumer affairs a non-refundable filing fee of:

(1) $200 for a contract with an estimated value of $500,000 or more, but less than $1,000,000; or

(2) $1,000 for a contract with an estimated value of $1,000,000 or more.

Failure to pay the filing fee shall result in the rejection or dismissal of the request for review. The fee shall be deposited into the compliance resolution fund established pursuant to section 26-9(o) and used to help defray the costs of conducting the administrative proceeding for review.

(g) The hearings officers shall ensure that a record of each proceeding which includes the following is compiled:

(1) All pleadings, motions, and intermediate rulings;

(2) Evidence received or considered, including oral testimony, exhibits, and a statement of matters officially noticed;

(3) Offers of proof and rulings thereon;

(4) Proposed findings of fact;

(5) A recording of the proceeding which may be transcribed if judicial review of the written decision is sought under section 103D-710.

(h) No action shall be taken on a solicitation or an award of a contract while a proceeding is pending, if the procurement was previously stayed under section 103D-701(f).

(i) The hearings officer shall decide whether the determinations of the chief procurement officer or the chief procurement officer's designee were in accordance with the Constitution, statutes, rules, and the terms and conditions of the solicitation or contract and shall order such relief as may be appropriate in accordance with this chapter.

(j) The policy board shall adopt other rules as may be necessary to ensure that the proceedings conducted pursuant to this section afford all parties an opportunity to be heard.

(k) As used in this section, "estimated value of the contract" or "estimated value", with respect to a contract, means the lowest responsible and responsive bid under section 103D-302, or the bid amount of the responsible offeror whose proposal is determined in writing to be the most advantageous under section 103D-303, as applicable. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23; am L 1999, c 162, §7; am L 2001, c 251, §2; am L 2007, c 142, §2; am L 2009, c 175, §§9, 14(2); am L 2010, c 107, §1; am L 2012, c 173, §§3, 5; am L 2019, c 73, §2; am L 2021, c 224, §3; am L 2024, c 162, §1]
Haw. Rev. Stat. § 105-8 — HI Code / Division 1 / Title 9 / Chapter 105 / Section 105-8
Character of inscription.
Status: in_force

The letters of such words as are required by sections 105-6 and 105-7 shall be painted or applied on all such motor vehicles in characters of a plain, bold size.
Haw. Rev. Stat. § 101-21 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-21
Intervenors.
Status: in_force

Any person in occupation of or having any claim or interest in any property sought to be condemned or in the damages for the taking thereof though not named in the complaint, may appear, plead, and defend in respect to the person's own property or interest, in like manner as if named in the complaint.
Haw. Rev. Stat. § 103-9 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-9
False certificates or approval; penalty.
Status: in_force

Any public officer or employee who falsely certifies or approves for payment any bill or voucher, or any claim against the State or any county; or who causes or authorizes the purchase of any materials or supplies or the performance of any service or labor on behalf or for the benefit of the State or any county, in the absence of any appropriations, or in excess of any appropriations made for such purposes, with the intent that the materials or supplies so purchased or the service or labor so performed shall be paid for by the State or county shall be fined not more than $500, or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 103-46 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-46
§§103-46 to 48 REPEALED.
Status: repealed

§§103-46 to 48 REPEALED. L 1994, c 186, §22.
Haw. Rev. Stat. § 103-32.2 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-32.2
Substitution of retainage.
Status: in_force

Any other law to the contrary notwithstanding, any public contract may provide that the procurement officer may enter into an agreement with the contractor which will allow the contractor to withdraw from time to time the whole or any portion of the sum retained under section 103-32.1 upon depositing with the procurement officer any general obligation bond of the State or its political subdivisions with a market value not less than the sum to be withdrawn; provided that the procurement officer may require that the total market value of such bond be greater than the sum to be withdrawn.
Haw. Rev. Stat. § 103D-704 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-704
Exclusivity of remedies.
Status: in_force

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]
Haw. Rev. Stat. § 101-28 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-28
Possession pending action; immediate occupation by plaintiff.
Status: in_force

At any time after the service of summons the court may, upon motion of the plaintiff and upon notice to the defendant, issue an order putting the plaintiff in possession of the land sought to be condemned and permitting the plaintiff to do such work thereon as may be required for the purpose for which the taking of the land is sought. The motion shall contain a statement of the reasons for requiring an immediate occupation of the land sought to be condemned and a statement of the sum of money estimated by the plaintiff to be just compensation or damages for the taking of the land. Upon the filing of the motion the court shall issue an order directed to the defendants and returnable not more than twenty days from the date of the filing of the motion, requiring the defendants to appear and show cause why the motion should not be granted. The court may require proof by affidavit or otherwise of the right of the plaintiff to maintain the action and of the facts set forth in the motion and shall grant or deny the motion as the public interest and the rights of the parties may require.

Where the plaintiff is not the State or a county, the court may, upon motion of any defendant and good cause shown therefor, require the deposit with the clerk of the court, of such additional amount of money, or of a surety bond approved by the court in such additional amount, as the court deems necessary to reasonably secure the defendant in the collection of the final award which may be made thereafter, taking into consideration the adequacy of the initial estimate, the financial responsibility of the plaintiff and other pertinent circumstances. [L 1937, c 184, pt of §5; RL 1945, §319, pt of subs 1; am L 1947, c 200, pt of §1(d); am L 1951, c 12, pt of §1(l); RL 1955, §8-26; HRS §101-28]
Haw. Rev. Stat. § 101-11 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-11
Procedure as in civil actions.
Status: in_force

Except as otherwise expressly provided in this part, the procedure shall be the same as in other civil actions.
Haw. Rev. Stat. § 103F-414 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-414
Allotment.
Status: in_force

Contracts to expend and appropriations for the purchase of health and human services shall be subject to the allotment system generally applicable to all appropriations made by the legislature.
Haw. Rev. Stat. § 103-5 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-5
Emergency expenditures from general appropriations.
Status: in_force

No expenditure shall be made under any general appropriation for emergencies except for urgent causes arising when the legislature is not in session, or without the approval of the governor.
Haw. Rev. Stat. § 103D-102 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-102
Application of this chapter.
Status: in_force

(a) This chapter shall apply to all procurement contracts made by governmental bodies whether the consideration for the contract is cash, revenues, realizations, receipts, or earnings, any of which the State receives or is owed; in-kind benefits; or forbearance; provided that nothing in this chapter or rules adopted hereunder shall prevent any governmental body from complying with the terms and conditions of any other grant, gift, bequest, or cooperative agreement.

(b) [Repeal and reenactment on July 1, 2027. L 2024, c 150, §4.] Notwithstanding subsection (a), this chapter shall not apply to contracts by governmental bodies:

(1) Solicited or entered into before July 1, 1994, unless the parties agree to its application to a contract solicited or entered into prior to July 1, 1994;

(2) To disburse funds, irrespective of their source:

(A) For grants as defined in section 42F-101, made by the State in accordance with standards provided by law as required by article VII, section 4, of the state constitution; or by the counties pursuant to their respective charters or ordinances;

(B) To make payments to or on behalf of public officers and employees for salaries, fringe benefits, professional fees, or reimbursements;

(C) To satisfy obligations that the State is required to pay by law, including paying fees, permanent settlements, subsidies, or other claims, making refunds, and returning funds held by the State as trustee, custodian, or bailee;

(D) For entitlement programs, including public assistance, unemployment, and workers' compensation programs, established by state or federal law;

(E) For dues and fees of organizations of which the State or its officers and employees are members, including the National Association of Governors, the National Association of State and County Governments, and the Multi-State Tax Commission;

(F) For deposit, investment, or safekeeping, including expenses related to their deposit, investment, or safekeeping;

(G) To governmental bodies of the State;

(H) As loans, under loan programs administered by a governmental body; and

(I) For contracts awarded in accordance with chapter 103F;

(3) To procure goods, services, or construction from a governmental body other than the university of Hawaii bookstores, from the federal government, or from another state or its political subdivision;

(4) To procure the following goods or services that are available from multiple sources but for which procurement by competitive means is either not practicable or not advantageous to the State:

(A) Services of expert witnesses for potential and actual litigation of legal matters involving the State, its agencies, and its officers and employees, including administrative quasi-judicial proceedings;

(B) Works of art for museum or public display;

(C) Research and reference materials including books, maps, periodicals, and pamphlets, which are published in print, video, audio, magnetic, or electronic form;

(D) Meats and foodstuffs for the Kalaupapa settlement;

(E) Opponents for athletic contests;

(F) Utility services whose rates or prices are fixed by regulatory processes or agencies;

(G) Performances, including entertainment, speeches, and cultural and artistic presentations;

(H) Goods and services for commercial resale by the State;

(I) Services of printers, rating agencies, support facilities, fiscal and paying agents, and registrars for the issuance and sale of the State's or counties' bonds;

(J) Services of attorneys employed or retained to advise, represent, or provide any other legal service to the State or any of its agencies, on matters arising under laws of another state or foreign country, or in an action brought in another state, federal, or foreign jurisdiction, when substantially all legal services are expected to be performed outside the State;

(K) Financing agreements under chapter 37D;

(L) Educational materials and related training for direct student instruction in career and technical education programs as defined in section 302A-101, including supplies, implements, tools, machinery, electronic devices, or other goods purchased by the department of education; provided that:

(i) T he department of education shall acquire three written quotes for purchases that exceed $100,000 made pursuant to this subparagraph;

(ii) Awards over $2,500 shall comply with section 103D-310(c); and

(iii) Awards over $500,000 shall be approved by the superintendent of education ; and

(M) Any other goods or services that the policy board determines by rules or the chief procurement officer determines in writing is available from multiple sources but for which procurement by competitive means is either not practicable or not advantageous to the State; and

(5) That are specific procurements expressly exempt from any or all of the requirements of this chapter by:

(A) References in state or federal law to provisions of this chapter or a section of this chapter, or references to a particular requirement of this chapter; and

(B) Trade agreements, including the Uruguay Round General Agreement on Tariffs and Trade (GATT), that require certain non-construction and non-software development procurements by the comptroller to be conducted in accordance with its terms.

(c) Notwithstanding subsection (a), this chapter shall not apply to contracts made by:

(1) Any regional system board of the Hawaii health systems corporation; or

(2) The Kaho ` olawe island reserve commission, except as provided by section 6K-4.5.

(d) Governmental bodies making procurements which are exempt from this chapter are nevertheless encouraged to adopt and use provisions of this chapter and its implementing rules as appropriate; provided that the use of one or more provisions shall not constitute a waiver of the exemption conferred and subject the procurement or the governmental body to any other provision of this chapter. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §6; am L 1995, c 16, §1 and c 178, §3; am L 1996, c 13, §3; am L 1997, c 186, §§2, 5 and c 352, §23; am L 1999, c 149, §12; am L 2001, c 200, §4; am L 2002, c 182, §4; am L 2003, c 9, §3; am L 2007, c 290, §16; am L 2009, c 175, §§1, 14(1); am L 2010, c 82, §§2, 8, c 107, §1, and c 159, §§2, 4; am L 2012, c 173, §5; am L 2013, c 244, §2; am L 2014, c 96, §13; am L 2024, c 150, §2]
Haw. Rev. Stat. § 110-3 — HI Code / Division 1 / Title 9 / Chapter 110 / Section 110-3
Removal of remains; public hearing and other requirements.
Status: in_force

The comptroller may disinter and relocate remains in any state-owned cemetery or between state-owned cemeteries to improve, redevelop, or reduce the size of any state-owned cemetery, or to facilitate the subsequent disposition of any state-owned cemetery; provided that:

(1) Before disinterring any remains, the comptroller shall hold at least one public hearing to afford the public an opportunity to review the plans to improve, redevelop, reduce the size of, or dispose of the cemetery and to submit comments and views on the proposed project; and

(2) The comptroller shall notify in writing the known relative of a deceased person whose remains are to be disinterred and relocated of the public hearing required by paragraph (1); if the relatives of the deceased are unknown the comptroller shall give at least one public notice of the public hearing statewide. [L 1987, c 368, pt of §2; am L 1998, c 2, §31]
Haw. Rev. Stat. § 102-14 — HI Code / Division 1 / Title 9 / Chapter 102 / Section 102-14
Use of public buildings by blind or visually handicapped persons.
Status: in_force

(a) For the purpose of providing blind or visually handicapped persons, as defined in sections 235-1, 347-1, and 347-2 with remunerative employment, enlarging their economic opportunities and stimulating them to greater efforts in striving to make themselves self-supporting, blind or visually handicapped persons registered by the department of human services under section 347-6 and issued permits under subsection (c) shall be authorized to operate vending facilities and machines in any state or county public building for the vending of newspapers, periodicals, confections, tobacco products, foods, beverages, and such other articles or services prepared on or off the premises in accordance with all applicable laws.

(b) The department of human services, after consultation with authorities responsible for management of state or county public buildings, shall adopt rules in accordance with chapter 91, necessary for the implementation of this section, including, but not limited to rules to assure that priority be given to registered blind or visually handicapped persons in the operation of vending facilities in state or county public buildings and to establish, whenever feasible, one or more vending facilities in all state and county public buildings.

(c) Assignment of vending facilities and space for vending machines shall be by permit issued by the department of human services.

(d) No person shall advertise or otherwise solicit the sale of food or beverages for human consumption in any public building which is in competition with a vending facility or machine operated or maintained by a duly authorized blind or visually handicapped person as prescribed by rules and regulations established under chapter 91. Any person who violates this subsection shall be subject to a fine of not more than $1,000.

(e) After July1, 1981, or upon the expiration of vending machine contracts in existence on June10, 1981, no vending machines shall be placed in any state or county public building in which there is a vending facility or machine assigned by permit to a blind or visually handicapped person except pursuant to a permit issued by the department of human services.

(f) Any permit granted pursuant hereto may be terminated by the department of human services if the department determines that the vending facility or machine is not being operated in accordance with prescribed rules.

(g) This section shall not apply to the judiciary history center facilities in the Ali`iolani Hale building, University of Hawai`i system, public library system facilities, department of education facilities, department of transportation airport and harbor restaurant and lounge facilities and operations, public parks, and state and county facilities designed and intended for use as facilities for entertainment and other public events.

(h) After July1, 1981, any department, agency, or instrumentality of the State or any of its political subdivisions planning the construction, substantial alteration, or renovations of any building shall consider including plans for a vending facility maintained or operated by a blind or visually handicapped person. The present vendor who is operating a vending facility shall not be displaced or dislocated from any state or county building because of renovations or substantial alterations, except for any temporary displacement or dislocation which may be necessary for the completion of the renovations or alterations. Any such vendor shall have the first option to operate the facility upon completion of the renovations or substantial alterations. [L 1937, c 208, §1; RL 1945, §465; RL 1955, §7-20; am L 1959, c 246, §14; am L 1964, c 30, §2; HRS §102-14; am L 1981, c 131, §1; am L 1987, c 339, §4; am L 1993, c 328, §2; am L 1994, c 57, §3; am L 1996, c 138, §2]
Haw. Rev. Stat. § 103B-3 — HI Code / Division 1 / Title 9 / Chapter 103B / Section 103B-3
Requirements of contractor.
Status: in_force

(a) A contractor awarded any contract shall ensure that Hawaii residents compose not less than eighty per cent of the workforce employed to perform the contract on a particular construction project, as determined under subsection (b). Prior to an award of a contract, the contractor may withdraw a bid without penalty if the contractor finds that it is unable to comply with this subsection.

(b) The eighty per cent requirement under subsection (a) shall be determined by dividing the total number of hours worked on a contract by residents, by the total number of hours worked by all employees of the contractor in the performance of the contract. Hours worked for any subcontractor of the contractor shall count towards the calculation for purposes of this subsection. The hours worked by employees within shortage trades, as determined by the department of labor and industrial relations, shall not be included in the calculations for purposes of this subsection.

(c) Certification of compliance with this chapter shall be made under oath by an officer of the general contractor and applicable subcontractor to the procurement officer with the notice of completion of the contract.

(d) A general contractor or subcontractor who fails to comply with this chapter shall be subject to sanctions as follows:

(1) With respect to the general contractor, withholding of final payment on the contract until the contractor complies with subsection (a); or

(2) With respect to the general contractor and subcontractor, proceedings for debarment or suspension of the contractor or subcontractor under section 103D-702;

provided that a general contractor shall not be sanctioned for noncompliance with this section by a subcontractor of that general contractor on the same contract. [L 2010, c 68, pt of §2; am L 2011, c 192, §1]
Haw. Rev. Stat. § 101-24 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-24
Assessed as of day of summons.
Status: in_force

For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of summons, and, except as provided in section 46-6, its actual value at that date shall be the measure of valuation of all property to be condemned, and the basis of damage to property by reason of its severance from the portion sought to be condemned, subject, however, to section 101-23.

No improvement put on the property subsequent to the date of the service of the summons shall be included in the assessment of compensation or damages. [L 1896, c 45, §15, pt of §16; RL 1925, §822; RL 1935, §64; RL 1945, §315; RL 1955, §8-22; am L 1959, c 19, §2; HRS §101-24]
Haw. Rev. Stat. § 103D-1210 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1210
Penalty; jurisdiction.
Status: in_force

Any officer, member of a public board, assessor, or other person who fails to perform any of the duties imposed upon the person by this part shall be fined no more than $500 or imprisoned not more than six months. District judges shall have jurisdiction to hear and determine all cases of alleged violations of this part committed within the circuit for which the judge was appointed.
Haw. Rev. Stat. § 103D-806 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-806
Supply of personnel, information, and technical services.
Status: in_force

(a) Any public procurement unit is authorized, in its discretion, upon written request from another public procurement unit or external procurement unit, to provide personnel to the requesting public procurement unit or external procurement unit. The public procurement unit or external procurement unit making the request shall pay the public procurement unit providing the personnel the direct and indirect cost of furnishing the personnel, in accordance with an agreement between the parties.

(b) The informational, technical, and other services of any public procurement unit may be made available to any other public procurement unit or external procurement unit provided that the requirements of the public procurement unit tendering the services shall have precedence over the requesting public procurement unit or external procurement unit. The requesting public procurement unit or external procurement unit shall pay for the expenses of the services so provided, in accordance with an agreement between the parties.

(c) Upon request, the chief procurement officer may make available to public procurement units or external procurement units, any of the following services, among others:

(1) Standard forms;

(2) Printed manuals;

(3) Product specifications and standards;

(4) Quality assurance testing services and methods;

(5) Qualified products lists;

(6) Source information;

(7) Common use commodities listings;

(8) Supplier prequalification information;

(9) Supplier performance ratings;

(10) Debarred and suspended bidders lists;

(11) Forms for invitations for bids, requests for proposals, instructions to bidders, general contract provisions, and other contract forms; and

(12) Contracts or published summaries of contracts, including price and time of delivery information.

(d) The State, through the chief procurement officer, may provide the following technical services, among others:

(1) Development of product specifications;

(2) Development of quality assurance test methods, including receiving, inspection, and acceptance procedures;

(3) Use of product testing and inspection facilities; and

(4) Use of personnel training programs.

(e) The chief procurement officer may enter into contractual arrangements and publish a schedule of fees for the services provided under subsections (c) and (d). [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §11]
Haw. Rev. Stat. § 115-3 — HI Code / Division 1 / Title 9 / Chapter 115 / Section 115-3
Criteria for public rights-of-way.
Status: in_force

A distance at reasonable intervals taking into consideration the topography and physical characteristics of the land the public is desirous of reaching is established as the maximum between public rights-of-way for the purposes of this chapter.
Haw. Rev. Stat. § 104-33 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-33
Inspection.
Status: in_force

(a) If work performed in accordance with this chapter, in excess of eight hours in any day or on a Saturday, Sunday, or legal holiday of the State, requires inspection by the State or any political subdivision thereof, the inspection shall be conducted by the State or a political subdivision, as the case may be.

(b) In such event, it shall be lawful, notwithstanding any other provision of law to the contrary, for the State or any political subdivision thereof to alter the normal working hours of public employees, as may be needed for these purposes, and to pay these public employees for all hours worked in excess of eight hours per day or on a Saturday, Sunday, or legal holiday of the State. [L 1995, c 181, pt of §2]
Haw. Rev. Stat. § 101-33 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-33
Allowance of interest, etc.
Status: in_force

If an order is made letting the plaintiff into possession as provided for in sections 101-28, 101-29, and 101-32, the final judgment shall include, as part of the just compensation and damages awarded, interest at the rate provided in section 101-25 from the date of the order until paid by the plaintiff; provided that except in the case of an appeal by the plaintiff as provided in section 101-32, interest shall not be allowed upon any sum paid by the plaintiff to the clerk of the court from the date of the payment. The court may fix and include in the order or judgment the time within which and the terms upon which the parties in possession shall be required to surrender possession to the plaintiff. The court may make such orders in respect of encumbrances, liens, rentals, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable.
Haw. Rev. Stat. § 109-2 — HI Code / Division 1 / Title 9 / Chapter 109 / Section 109-2
Stadium authority; powers and duties.
Status: in_force

The powers and duties of the stadium authority shall be as follows:

(1) To repair, maintain, and operate stadium facilities and the stadium development district, including:

(A) Repairs, maintenance, operations, and demolition of existing stadium facilities;

(B) Operations and maintenance of a new stadium; and

(C) Contractual payments to developers, contractors, or management contractors engaged by the stadium authority;

(2) To coordinate in planning, design, and construction activities, including on-site repairs, within the stadium development district;

(3) To acquire and hold title to real property;

(4) To prescribe and collect rents, fees, and charges for the use or enjoyment of the stadium, facilities related to the stadium, and real property held by the stadium authority, including entering into leases, contracts, sponsorship and advertising agreements, food and beverage agreements, concession agreements, parking agreements, or other development and use agreements that may apply; provided that leases shall not exceed a term of ninety-nine years;

(5) To make and execute contracts and other instruments necessary or convenient to exercise its powers under this chapter and subject to any limitations in this chapter, to exercise all powers necessary, incidental, or convenient to carry out and effectuate the purposes and provisions of this chapter;

(6) To adopt, amend, and repeal, in accordance with chapter 91, rules it may deem necessary to effectuate this chapter and in connection with its projects, operations, and facilities;

(7) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapters 76 and 89, to manage the stadium, the stadium development district, and its contractors; and

(8) To plan, promote, and market the stadium and related facilities. [L 1970, c 172, §2; am L 1971, c 125, pt of §1; am L 1975, c 172, §1; am L 1976, c 158, §1; am L 1982, c 129, §5; am L 1986, c 128, §5; am L 1989, c 329, §4; am L 1995, c 149, §1; am L 1999, c 160, §8; am L 2000, c 253, §150; am L 2002, c 148, §12; am L 2005, c 226, §5; am L 2016, c 61, §4; am L 2021, c 146, §2]
Haw. Rev. Stat. § 103D-1002.5 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1002.5
Failure to adequately verify, deliver, or supply Hawaii products.
Status: in_force

If the administrator or procurement officer who has awarded a contract under section 103D-1002, finds that in the performance of that contract there has been a failure to comply with section 103D-1002, the contract shall be voidable and the findings shall be referred for debarment or suspension proceedings under section 103D-702.
Haw. Rev. Stat. § 104-5 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-5
§§104-5 to 11 REPEALED.
Status: repealed

§§104-5 to 11 REPEALED. L 1995, c 181, §§5, 8.
Haw. Rev. Stat. § 103D-1208 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1208
Annual inventory reporting by county officers to council.
Status: in_force

Every officer, head of department, agent, employee, and other person in the employ of the county, having in their custody or under their control or using property belonging to the county, each year within forty-five days following the close of the county's fiscal year, shall prepare and file with the council of the county an annual inventory return of all nonexpendable county property in the possession, custody, control, or use of the officer, head of department, agent, employee, or other person making the annual inventory return, or of the offices or departments over which the officer presides. The annual inventory return shall contain the following:

(1) A summary and list by detailed item description and carrying value of all nonexpendable county property on hand as of the close of the county's fiscal year for which the return is made;

(2) A summary and list by detailed item description and carrying value of all nonexpendable county property acquired and disposed of during the year elapsed since the return made as of the preceding close of the fiscal year; and

(3) A sworn statement certifying the information on the return, property listings, and carrying values provided with the return to be full, true, and correct to the best knowledge, information, and belief of the officer making the return. [L 1994, c 186, pt of §1; am L 1999, c 149, §23]
Haw. Rev. Stat. § 103D-306 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-306
Sole source procurement.
Status: in_force

(a) A contract may be awarded for goods, services, or construction without competition when the head of a purchasing agency determines in writing that there is only one source for the required good, service, or construction, the determination is reviewed and approved by the chief procurement officer, the written determination is posted in the manner described in rules adopted by the policy board, a review of past performance, if available, has been conducted, and no objection is outstanding. The written determination, any objection, past performance evaluations relied upon, and a written summary of the disposition of any objection shall be included in the contract file.

(b) The written determination shall contain such information as the rules of the policy board require. Persons may file written objections to the issuance of a contract pursuant to this section. Rules of the policy board shall provide for the disposition of objections, including a written summary of the disposition.

(c) The rules of the policy board shall include a non-exhaustive list of procurements which constitute sole source procurements and criteria for determining when a particular procurement may be determined to be a sole source. The rules shall also prescribe when cost or pricing data must be considered and how they are to be used in establishing the price, terms, and conditions, if any, for a contract awarded pursuant to this section. [L Sp 1993, c 8, pt of §2; am L 1995, c 178, §12; am L 1997, c 352, §23; am L 2021, c 188, §6]
Haw. Rev. Stat. § 109-1 — HI Code / Division 1 / Title 9 / Chapter 109 / Section 109-1
Stadium authority; appointment, terms.
Status: in_force

(a) There shall be within the department of business, economic development, and tourism for administrative purposes only, a stadium authority whose responsibility shall be to maintain, operate, and manage the stadium development district. The authority shall consist of eleven members. Eight members shall be appointed by the governor in the manner prescribed by section 26-34.

Of the eight public members:

(1) One member shall be designated as the Aiea community representative and be a resident of one of the following areas:

(A) Excluding Ford Island, the area beginning at the intersection of the shoreline and Admiral Clarey (Ford Island) Bridge and running:

(i) Easterly along said bridge to Salt Lake boulevard;

(ii) Southeasterly along said boulevard to Luapele drive;

(iii) Westerly along said drive to Fleet place;

(iv) Westerly along said place to Ulithi street;

(v) Southwesterly along said street to Luapele road;

(vi) Westerly along said road to Ulihi road;

(vii) Westerly along said road to Makalapa drive;

(viii) Southwesterly along said drive to Halawa drive;

(ix) Northwesterly along said drive to Kamehameha highway;

(x) Northerly along said highway to Halawa stream;

(xi) Westerly along said stream to the shoreline; and

(xii) Northerly along said shoreline to its intersection with Admiral Clarey (Ford Island) Bridge;

(B) The area beginning at the intersection of Kaonohi street and H-1 freeway and running:

(i) Southeasterly along said freeway to the Moanalua freeway - Kamehameha highway connector;

(ii) Northwesterly along said highway connector to Kamehameha highway;

(iii) Northwesterly along said highway to Aiea stream;

(iv) Southerly along said stream to the shoreline;

(v) Northwesterly along said shoreline to Kalauao stream;

(vi) Northeasterly along said stream to Kamehameha highway;

(vii) Northwesterly along said highway to Kaonohi street; and

(viii) Northeasterly along said street to its intersection with H-1 freeway; or

(C) The area beginning at the intersection of Waimalu stream and Koolau ridge and running:

(i) Southeasterly along said ridge to Ewa-Honolulu district boundary;

(ii) Southwesterly along said boundary to Red Hill Naval Reservation boundary;

(iii) Southwesterly along said boundary to Tampa drive;

(iv) Westerly along said drive to the unnamed road;

(v) Northerly along said road to Icarus way;

(vi) Westerly along said way to the unnamed road;

(vii) Southwesterly along said road to Moanalua freeway (H-201);

(viii) Westerly along said freeway to H-1 freeway;

(ix) Northwesterly along said freeway to Kaonohi street;

(x) Southwesterly along said street to Moanalua road;

(xi) Westerly along said road to Kaahumanu street;

(xii) Northerly along said street to Komo Mai drive;

(xiii) Easterly along said drive to Punanani gulch;

(xiv) Northeasterly along said gulch to the powerline;

(xv) Southeasterly along said powerline to Waimalu stream;

(xvi) Northeasterly along said stream to Aiea stream;

(xvii) Easterly along said stream to Waimalu stream; and

(xviii) Southeasterly along said stream to its intersection with Koolau ridge; and

(2) One member shall be designated as the west Honolulu community representative and be a resident of the area beginning at the intersection of H-1 freeway and Moanalua freeway (H-201) and running:

(A) Southeasterly along said freeway to Aliamanu Military Reservation southern boundary;

(B) Westerly along said boundary to Wanaka street;

(C) Southwesterly along said street to Likini street;

(D) Northwesterly along said street to Ukana street;

(E) Southwesterly along said street to Keaka drive;

(F) Northwesterly along said drive to Manuwa drive;

(G) Southeasterly along said drive to Pakini street;

(H) Southwesterly along said street to Keaka drive;

(I) Southerly along said drive to Puolo drive;

(J) Westerly along said drive to Likini street;

(K) Southerly along said street to Maluna street;

(L) Westerly along said street to Salt Lake boulevard;

(M) Southeasterly along said boulevard to the former street entrance to U.S. Naval Reservation;

(N) Southwesterly along said feature to Reeves loop;

(O) Southwesterly along said loop to Radford drive;

(P) Westerly along said drive to H-1 freeway; and

(Q) Northerly along said freeway to its intersection with Moanalua freeway (H-201).

Each public member of the authority shall have been a citizen of the United States and a resident of the State for at least five years next preceding the member's appointment. The remaining three members shall include the director of business, economic development, and tourism or the director's designee, who shall be an ex officio voting member, and the president of the University of Hawaii and superintendent of education, or their designees, who shall be ex officio nonvoting members of the authority.

(b) The chairperson of the authority shall be elected by the majority of the members of the authority. The term of each member shall be four years; provided that:

(1) Of the members initially appointed, three members shall serve for four years, three members shall serve for three years, and the remaining three members shall serve for two years; and

(2) The terms of the members added by Act 146, Session Laws of Hawaii 2021, shall commence on July 1, 2021.

No person shall be appointed consecutively to more than two terms as a member of the authority. Vacancies shall be filled for the remainder of any unexpired term in the same manner as original appointments.

(c) The members of the authority shall serve without compensation and shall be allowed their actual and necessary expenses incurred in the performance of their duties. [L 1970, c 172, §1; am L 1971, c 125, pt of §1; am L 1980, c 302, pt of §2; gen ch 1985, 1993; am L 1999, c 160, §7; am L 2016, c 61, §3; am L 2021, c 146, §1; am L 2022, c 220, §6]
Haw. Rev. Stat. § 103D-302 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-302
Competitive sealed bidding.
Status: in_force

(a) Contracts shall be awarded by competitive sealed bidding except as otherwise provided in section 103D-301. Awards of contracts by competitive sealed bidding may be made after single or multi-step bidding. Competitive sealed bidding does not include negotiations with bidders after the receipt and opening of bids. Award is based on the criteria set forth in the invitation for bids.

(b) An invitation for bids shall be issued, and shall include a purchase description and all contractual terms and conditions applicable to the procurement. If the invitation for bids is for construction, it shall specify that all bids include the name of each person or firm to be engaged by the bidder as a joint contractor or subcontractor in the performance of the contract and the nature and scope of the work to be performed by each. Construction bids that do not comply with this requirement may be accepted if acceptance is in the best interest of the State and the value of the work to be performed by the joint contractor or subcontractor is equal to or less than one per cent of the total bid amount.

(c) Adequate public notice of the invitation for bids shall be given a reasonable time before the date set forth in the invitation for the opening of bids. The policy board shall adopt rules which specify:

(1) The form that the notice is to take;

(2) What constitutes a reasonable interim between publication and bid opening; and

(3) How notice may be published, including publication in a newspaper of general circulation, notice by mail to all persons on any applicable bidders mailing list, publication by any public or private telecommunication information network, or any other method of publication it deems to be effective.

(d) Bids shall be opened publicly in the presence of one or more witnesses, at the time and place designated in the invitation for bids. The amount of each bid and other relevant information specified by rule, together with the name of each bidder shall be recorded. The record and each bid shall be open to public inspection.

(e) Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter or by rules adopted by the policy board.

(f) Bids shall be evaluated based on the requirements set forth in the invitation for bids. These requirements may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be as objectively measurable as possible, such as discounts, transportation costs, total or life cycle costs, and the bidder's past performance, if available. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids.

(g) Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of invitations for bids, awards, or contracts based on such bid mistakes, shall be permitted in accordance with rules adopted by the policy board. After bid opening no changes in bid prices or other provisions of bids prejudicial to the interest of the public or to fair competition shall be permitted. Except as otherwise provided by rule, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the chief procurement officer or head of a purchasing agency.

(h) The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event all bids exceed available funds as certified by the appropriate fiscal officer, the head of the purchasing agency responsible for the procurement in question is authorized in situations where time or economic considerations preclude resolicitation of work of a reduced scope to negotiate an adjustment of the bid price, including changes in the bid requirements, with the low responsible and responsive bidder, in order to bring the bid within the amount of available funds.

(i) When it is not practicable to initially prepare a purchase description to support an award based on price, an invitation for bids, which requests the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation, may be used. If a multi-step sealed bidding process is used, the notice and the invitation for bids shall describe each step to be used in soliciting, evaluating, and selecting unpriced offers. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §9; am L 1995, c 178, §7; am L 1997, c 352, §23; am L 2021, c 188, §4]
Haw. Rev. Stat. § 103D-208 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-208
Delegation of authority by the chief procurement officer.
Status: in_force

Subject to the rules of the policy board, each chief procurement officer may delegate any authority or duty conferred upon the chief procurement officer by this chapter to designees or to any department, agency or official within their respective jurisdictions. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
Haw. Rev. Stat. § 103F-107 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-107
Medicaid contracts; nonprofits and for-profits; reporting requirements.
Status: in_force

(a) All nonprofit or for-profit medicaid healthcare insurance contractors, within one hundred and eighty days following the close of each fiscal year, shall submit an annual report to the department of human services, the insurance division of the department of commerce and consumer affairs, and the legislature. The report shall be attested to by a plan executive located within the State and shall be made accessible to the public.

The report shall be based on contracts administered in the State and shall include:

(1) An accounting of expenditures of MedQuest contract payments for the contracted services, including the percentage of payments:

(A) For medical services;

(B) For administrative costs;

(C) Held in reserve; and

(D) Paid to shareholders;

(2) Employment information including:

(A) Total number of full-time employees hired for the contracted services;

(B) Total number of employees located in the State and the category of work performed; and

(C) The compensation provided to each of the five highest paid Hawaii employees and to each of the five highest paid employees nationwide, and a description of each position;

(3) Descriptions of any ongoing state or federal sanction proceedings, prohibitions, restrictions, ongoing civil or criminal investigations, and descriptions of past sanctions or resolved civil or criminal cases, within the past five years and related to the provision of medicare or medicaid services by the contracting entity, to the extent allowed by law;

(4) Descriptions of contributions to the community, including the percentage of revenue devoted to Hawaii community development projects and health enhancements; provided that contracted services shall not be included in the percentage calculation; and

(5) A list of any management and administrative service contracts for MedQuest services made in Hawaii and outside of the State, including a description of the purpose and cost of those contracts.

(b) The department of human services shall include in all medicaid healthcare insurance plan contracts, the annual reporting requirements of subsection (a).

(c) Any contract under this section shall be governed by the laws of the State of Hawaii.

(d) Within ninety days of receipt of the reports required by this section, the department of human services shall provide a written analysis and comparative report to the legislature. [L Sp 2009, c 12, §2]
Haw. Rev. Stat. § 102-10 — HI Code / Division 1 / Title 9 / Chapter 102 / Section 102-10
Modification of contract terms.
Status: in_force

If during the term of the contract (including contracts which have been executed and are presently in force) there has been a reduction of fifteen per cent or more in the volume of business of the concessionaire for a period of sixty days or more, computed on the average monthly gross income for the eighteen months just prior to the period or as long as the concessionaire has been in the business, whichever period is shorter, and such reduction as determined by the officer letting the contract is caused by construction work conducted during the period of time on, or within or contiguous to, the public property upon which the concession is located by either the state or county governments, or both, the officer, with the approval of the governor in the case of a state officer and the chief executive of the respective county in the case of a county officer, may modify any of the terms of the contract, including the agreed upon rent, for a period which will allow the concessionaire to recoup the amount lost by such reduction; provided that if the contract includes provisions allowing modification for the above contingencies, this section shall not be applicable thereto; provided further that this provision shall not apply to any particular concession if the application thereto may impair any contractual obligations with bondholders of the State or counties or with any other parties.
Haw. Rev. Stat. § 103F-203 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-203
Participation of providers.
Status: in_force

(a) Prior to a state agency's release of a request for proposal under section 103F-402, at the request of the agency, a provider shall participate in the agency's development of a delivery plan for health and human services, including, as necessary:

(1) The sharing of information on community needs, best practices, and providers' resources;

(2) Evaluating efficiencies in delivering existing services and recommending strategies for eliminating gaps in service delivery; and

(3) Recommending cost-efficient and effective service alternatives.

(b) A state agency may include a provision in a contract awarded under this chapter a requirement that the provider participate in planning pursuant to subsection (a); provided that notice of this requirement shall be provided in the request for proposals; and provided further that participation in planning pursuant to subsection (a) shall not disqualify a provider from submitting responses to requests for proposals. [L 1997, c 190, pt of §2; am L 2012, c 4, §1]
Haw. Rev. Stat. § 103D-312 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-312
Fair and reasonable pricing policy; cost or pricing data.
Status: in_force

(a) A procurement officer shall purchase goods, services, and construction from responsible sources at fair and reasonable prices. A procurement officer shall make a written determination whether a price is fair and reasonable for each contracting action, including change orders and contract modifications that adjust prices. In establishing whether a price is fair and reasonable, the procurement officer shall obtain:

(1) Certified cost or pricing data for every contract to which subsection (c) applies; and

(2) Other data as necessary to perform a cost or price analysis of the data and determine a fair and reasonable price, regardless of whether subsection (c) applies to the contract.

(b) The policy board may adopt rules, pursuant to chapter 91, to establish an order of preference in the type of data required under subsection (a)(2).

(c) A contractor, except as provided in subsection (e), shall submit cost or pricing data and shall certify that, to the best of the contractor's knowledge and belief, the cost or pricing data submitted is accurate, complete, and current as of a mutually determined specified date before the date of:

(1) The pricing of any contract awarded by competitive sealed proposals or pursuant to the sole source procurement authority, where the total contract amount is expected to exceed an amount established by rules adopted by the policy board; or

(2) The pricing of any change order or contract modification that is expected to exceed an amount established by rules adopted by the policy board. The requirement of this paragraph shall apply regardless of whether the original contract award did not require certified cost and pricing data.

(d) Any contract, change order, or contract modification under which a certificate is required shall contain a provision that the price to the State, including profit or fee, shall be adjusted to exclude any significant sums by which the State finds that the price was increased because the contractor furnished cost or pricing data that was inaccurate, incomplete, or not current as of the date agreed upon between the parties.

(e) The requirements of this section, except for the requirements of [subsection] (c)(2), shall not apply to original contract awards:

(1) Where the original contract price is based on adequate price competition;

(2) Where the original contract price is based on established catalog prices or market prices;

(3) Where the original contract prices are set by law or rule; or

(4) Where it is determined in writing in accordance with rules adopted by the policy board that the requirements of this section may be waived, and the reasons for the waiver are stated in writing; provided that the requirements for price and costing data required under subsection (a)(2) shall not be waived without the approval of the chief procurement officer; provided further that the chief procurement officer shall not delegate this authority. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23; am L 2016, c 253, §4]
Haw. Rev. Stat. § 103F-103 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-103
Education and training.
Status: in_force

The administrator of the state procurement office, either alone or in cooperation with the heads of the purchasing agencies, may develop a comprehensive education and training program for the purchase of health and human services. The program shall be available to agency employees, providers, and all other interested members of the public.
Haw. Rev. Stat. § 103D-1214 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1214
Proceeds.
Status: in_force

Except as otherwise provided in section 103D-1213 or by any other law, all moneys received from the sale of any state property by any office, department, board, establishment, institution, or other agency shall be deposited with the director of finance to the credit of the general fund where the operation of the agency is financed from the general fund; provided that where any state property has been purchased with moneys in a special fund, the proceeds of the sale shall be paid into or credited to the special fund. In any case of doubt as to the application of any such proceeds, the administrator of the state procurement office shall determine the fund or appropriation to which the proceeds shall be credited pursuant to this section, and the administrator's decision shall be final.
Haw. Rev. Stat. § 103D-1207 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1207
Annual inventory reporting by county mayors to administrator of the state procurement office.
Status: in_force

Each county mayor, before September 16 of each year, shall prepare and file with the administrator of the state procurement office an annual inventory return of all nonexpendable state property in the use, custody, or possession for the time being of the county or any of its officers. The annual inventory return shall contain the following:

(1) A summary and list by detailed item description and carrying value of all nonexpendable state property on hand as of July 1 of the year for which the return is made;

(2) A summary and list by detailed item description and carrying value of all nonexpendable state property disposed of during the year elapsed since the return made as of the preceding July 1; and

(3) A sworn statement certifying the information on the return, property listings, and carrying values provided with the return to be full, true, and correct to the best knowledge, information, and belief of the officer making the return. [L 1994, c 186, pt of §1; am L 1999, c 149, §22]
Haw. Rev. Stat. § 110-1 — HI Code / Division 1 / Title 9 / Chapter 110 / Section 110-1
Responsibility for state-owned cemeteries.
Status: in_force

The comptroller shall be responsible for the operation, maintenance, improvement, redevelopment, and disposal of state-owned cemeteries; for the determination of ownership of plots therein; and for the proper maintenance of records pertaining to the cemeteries, including cemetery plot plans, and records of plot ownership, interments, and disinterments.
Haw. Rev. Stat. § 103D-316 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-316
Right to inspect plant.
Status: in_force

The State, at reasonable times, may inspect the part of the plant or place of business of a contractor or any subcontractor that is related to the performance of a contract awarded or to be awarded by the State. [L Sp 1993, c 8, pt of §2]
Haw. Rev. Stat. § 103F-504 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-504
Exclusivity of remedies.
Status: in_force

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 award of a contract to resolve their concerns.
Haw. Rev. Stat. § 103D-105 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-105
Public access to procurement information.
Status: in_force

Government records relating to procurement shall be available to the public as provided in chapter 92F. Part I of chapter 92 shall not apply to discussions, deliberations, or decisions required to be conducted or made confidentially under this chapter. [L Sp 1993, c 8, pt of §2; am L 1995, c 178, §4]
Haw. Rev. Stat. § 103D-402 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-402
Duties of the chief procurement officer.
Status: in_force

The chief procurement officer shall prepare, issue, revise, maintain, and monitor the use of specifications for goods, services, and construction required by the State. [L Sp 1993, c 8, pt of §2]
Haw. Rev. Stat. § 102-3 — HI Code / Division 1 / Title 9 / Chapter 102 / Section 102-3
Qualification of bidders.
Status: in_force

Before any prospective bidder is entitled to submit any bid for the occupancy of any such space, the prospective bidder shall, not less than six calendar days prior to the day designated for opening bids, give written notice to the officer charged with letting the contract of the prospective bidder's intention to bid, and the officer shall satisfy oneself of the prospective bidder's financial ability, experience and competence to carry out the terms and conditions of any contract that may be awarded. For this purpose, the officer may, in the officer's discretion, require prospective bidders to submit answers, under oath, to questions contained in a form of questionnaire setting forth a complete statement of the experience, competence and financial standing of the prospective bidders. Whenever it appears to the officer, from answers to the questionnaire or otherwise, that any prospective bidder is not fully qualified and able to carry out the terms and conditions of the contract that may be awarded, the officer shall, after affording the prospective bidder an opportunity to be heard and if still of the opinion that the bidder is not fully qualified to carry out the terms and conditions of the contract that may be awarded, refuse to receive or consider any bid offered by the prospective bidder. The officer charged with letting the contract shall not divulge or permit to be divulged the names and the number of persons who have submitted their notice of intention to bid until after the opening of bids. All information contained in the answers to questionnaires shall remain confidential, and any government officer or employee who knowingly divulges or permits to be divulged any such information to any person not fully entitled thereto shall be fined not more than $250. Questionnaires so submitted shall be returned to the bidders after having served their purpose.
Haw. Rev. Stat. § 103-53 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-53
Contracts with the State or counties; tax clearances, assignments.
Status: in_force

(a) All state and county officers and agents making contracts on behalf of the State or any county shall require, as a prerequisite to entering into these contracts, tax clearances from the director of taxation and the Internal Revenue Service to the effect that all tax returns due have been filed, and all taxes, interest, and penalties levied against the contractor or accrued under title 14 that are administered by the department of taxation and under the Internal Revenue Code have been paid. The director of taxation may waive the Internal Revenue Service tax clearance requirement if the director determines that it is in the best interest of the State.

(b) Notwithstanding the provisions under sections 40-57 and 40-58, if a contractor fails to timely file all tax returns and pay all taxes, interest, and penalties due to the State or Internal Revenue Service during the term of a contract, the state or county contracting officer or agent shall immediately assign any progress payment due to the contractor, if any (provided such payment is not subject to any restriction or encumbrance), to the State payable to the department of taxation or to the Internal Revenue Service to the credit of the contractor, whichever the case may be; provided that the department of taxation may first offset its tax debt against the sum owed to the contractor. The state or county contracting officer or agent shall assign as many progress payments as necessary to cover the amount of the tax delinquency.

(c) All state and county contracting officers or agents shall withhold final payment of a contract until the receipt of tax clearances from the director of taxation and the Internal Revenue Service. Notwithstanding sections 40-57 and 40-58, if a contractor fails to provide the requisite tax clearances within six months of the completion date of the contract, the state or county contracting officer or agent shall first notify the department of taxation which in turn will notify the Internal Revenue Service, of amounts payable to the contractor on completed contracts. The department of taxation and the Internal Revenue Service shall, within thirty days, request the contracting officer or agent to offset the amount of taxes due against any payment due to the contractor until the tax debt is paid in full to the State or the Internal Revenue Service or both. No final bill or invoice from the contractor shall be required as a condition to the offset. Any remaining contract balance shall revert to the appropriation under which it was encumbered.

(d) Any assignment of a contract shall require the assignee, as a condition precedent to the assignment, to first obtain a bulk sales certificate if required under section 237-43, and present the certificate, or tax clearance as provided under subsection (a) if a bulk sales certificate is not required, to the state or county contracting officer or agent.

(e) This section shall not apply to:

(1) Any procurement of less than $25,000 or that is considered a small purchase under section 103D-305 and any state or county department contract of less than $25,000;

(2) Emergency purchases for the procurement of goods, services, or construction under section 103D-307 or an emergency or disaster under chapter 127A;

(3) Grants disbursed by a state agency pursuant to chapter 42F or in accordance with standards provided by law as required by article VII, section 4, of the state constitution, or made by the counties pursuant to their respective charters or ordinances;

(4) Contracts or agreements between government agencies;

(5) Contracts or agreements to disburse funds:

(A) To make payments to or on behalf of public officials, officers, and employees for salaries, fringe benefits, professional fees, and reimbursements;

(B) To satisfy obligations required to be paid by law, including fees, judgments, settlements, and other payments for resolving claims;

(C) To make refunds or return funds held by the State or county as trustee, custodian, or bailee;

(D) For entitlement programs, including public assistance, unemployment, and workers' compensation programs, established by state or federal law;

(E) For deposit, investment, or safekeeping, including sums to pay expenses related to their deposit investment, or safekeeping;

(F) For loans under government-administered loan programs; or

(G) To make periodic, recurring payments for utility services;

(6) Rent for the use or occupation of the premises and facilities at Aloha Stadium, the convention center, or any other state or county large spectator events facility; and

(7) Contracts or agreements of the Hawaii health systems corporation and its regional system boards.

(f) This section shall not apply to a contractor if the department of taxation certifies that the contractor is in good standing under a plan in which delinquent taxes, interest, and penalties are being paid to the department of taxation (and the Internal Revenue Service, if applicable) in installments.

(g) Any officer or employee of any governmental agency who intentionally or knowingly violates any provision under this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(h) The provisions of subsections (a), (b), (c) and (d) shall not apply to the extent and during the period that the validity of the taxes, penalties, or interest is being contested in an administrative or judicial appeal with the department of taxation or Internal Revenue Service. [L 1939, c 213, §2; RL 1945, §354; RL 1955, §9-46; am L Sp 1959 2d, c 1, §16; HRS §103-53; gen ch 1985; am L 1996, c 314, §1; am L 1997, c 352, §3; am L 2004, c 216, §16; am L 2007, c 290, §15; am L 2014, c 96, §12 and c 111, §5]
Haw. Rev. Stat. § 105-3 — HI Code / Division 1 / Title 9 / Chapter 105 / Section 105-3
Permits revocable.
Status: in_force

Permits under section 105-2 may be limited to hours, routes, purposes or character of use, may extend to general classes of officers or employees, and may be canceled or revoked at any time without notice. The burden of proof shall be upon any officer or employee given a written permit under subdivisions (4) or (5) of section 105-2 to prove, in any proceedings, that the officer or employee had, at the time of so using, operating, or driving any such motor vehicle, an unrevoked written permit to so use, operate, or drive the same. Likewise, the burden of proof shall be upon any person conveyed in any such motor vehicle as provided in subdivision (6), section 105-2 to prove, in any proceedings, that the officer, or head of the department, commission, board, bureau, agency, or instrumentality, controlling or possessing such motor vehicle certified to such use and filed such certificate as required by subdivision (6).
Haw. Rev. Stat. § 111-8 — HI Code / Division 1 / Title 9 / Chapter 111 / Section 111-8
Authority of Hawaii housing finance and development corporation.
Status: in_force

(a) The Hawaii housing finance and development corporation shall make such regulations as may be necessary to assure: (1) that relocation payments authorized by section 111-3 are fair and reasonable; (2) that a displaced person that makes proper application for a relocation payment authorized by this chapter is, if personal property is disposed of and replaced for use at the new location, paid an amount equal to the reasonable expenses that would have been required in removing such personal property to the new location; (3) that a displaced person making proper application for and entitled to receive a relocation payment authorized by this chapter is paid promptly after the relocation; (4) that a displaced person has a reasonable time from the date of displacement in which to apply for a relocation payment authorized by this chapter.

(b) In order to prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs for displaced persons, the Hawaii housing finance and development corporation may require that any other state or county agency may make relocation payments or provide relocation services or otherwise carry out its functions under this chapter by utilizing the facilities, personnel, and services of an already existing agency designated by the Hawaii housing finance and development corporation or shall establish an organization for conducting relocation assistance programs or of any other agency conducting comparable programs. The Hawaii housing finance and development corporation, or other agency providing such services may charge a reasonable fee to any other agency utilizing its relocation assistance services. [L 1970, c 166, §8; am L 1987, c 337, §16; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
Haw. Rev. Stat. § 103D-808 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-808
Public procurement units in compliance with requirements of this chapter.
Status: in_force

Where the public procurement unit or external procurement unit administering a cooperative purchase complies with the requirements of this chapter, any public procurement unit participating in the purchase shall be considered to have complied with this chapter. Public procurement units shall not enter into a cooperative purchasing agreement for the purpose of circumventing this chapter. [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §13]
Haw. Rev. Stat. § 105-4 — HI Code / Division 1 / Title 9 / Chapter 105 / Section 105-4
Enforcement; duties of sheriffs and police officers.
Status: in_force

The sheriff and the sheriff's deputies, or any police officer, within their respective jurisdictions, shall investigate any violation, or suspected violation of, and shall enforce section 105-1.
Haw. Rev. Stat. § 103F-503 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-503
Award of contract suspended during a protest.
Status: in_force

In the event of a timely protest, or request for reconsideration, no further action to award the contract until the issue is resolved shall be taken, unless the chief procurement officer makes a written determination that the award of the contract without delay is necessary to protect the health, safety, or welfare of a person, as provided by rules.
Haw. Rev. Stat. § 103D-1004 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1004
Reciprocity.
Status: in_force

(a) [Repeal and reenactment on June 30, 2028. L 2024, c 113, §7.] To ensure fair and open competition for Hawaii businesses engaged in contracting with other states, the chief procurement officer may impose a reciprocal preference against bidders and offerors pursuant to sections 103D-302 and 103D-303 from those states which apply preferences. The amount of the reciprocal preference shall be equal to the amount by which the non-resident preference exceeds any preference applied by this State.

In determining whether a bidder or offeror qualifies as a resident bidder or offeror, the definition used by the other state in applying a preference shall apply.

(b) The policy board shall adopt rules to implement this section.

(c) This section shall not apply to any transaction if the provisions of the section conflict with any federal laws. [L 1994, c 186, pt of §1; am L 1997, c 352, §23; am L 2024, c 113, §5]
Haw. Rev. Stat. § 109-6 — HI Code / Division 1 / Title 9 / Chapter 109 / Section 109-6
Stadium special account.
Status: in_force

The stadium authority is authorized to set up a special account into which shall be deposited all receipts collected by the authority from the sale of admission tickets for events held at the stadium, including any money deposited with the authority by users to assure the payment of charges for the use of the stadium. Money in the account shall be kept in a depository as defined in section 38-1. Disbursements from the account shall be made in accordance with procedures adopted by the authority and approved by the director of finance.
Haw. Rev. Stat. § 109-7 — HI Code / Division 1 / Title 9 / Chapter 109 / Section 109-7
Enforcement; penalty.
Status: in_force

(a) Any law enforcement officer who has police powers to arrest offenders and issue citations, including any police officer of the counties, shall have the authority to enforce any rule adopted pursuant to section 109‑2(6).

(b) Any person violating any rule of the stadium authority regulating conduct on the stadium premises shall be guilty of a petty misdemeanor punishable by a fine not exceeding $1,000, or imprisonment not exceeding thirty days, or both.

(c) Any person violating any rule of the stadium authority regulating parking or traffic on the stadium premises shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein. [L 1982, c 235, §1; am L 1996, c 159, §1; am L 1999, c 160, §11; am L 2016, c 61, §7; am L 2021, c 146, §3]
Haw. Rev. Stat. § 104-24 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-24
Violations; penalties.
Status: in_force

(a) Where the department finds that a first violation of this chapter has been committed, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be jointly and severally liable for a penalty equal to twenty-five per cent of the amount of back wages found due or $250 for each offense, up to $2,500, whichever is greater.

(b) Where the department finds that a second violation of this chapter has been committed, whether on the same or another contract, within two years of the first notification of violation, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be jointly and severally liable for a penalty equal to the amount of back wages found due or $500 for each offense, up to $5,000, whichever is greater.

(c) Where the department finds that a third violation of this chapter has been committed, whether on the same or another contract, within three years of the second notification of violation, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be:

(1) Jointly and severally liable for a penalty equal to two times the amount of back wages found due or $1,000 for each offense, up to $10,000, whichever is greater; and

(2) Suspended from doing any new work on any public work of a governmental contracting agency for a period of three years except as provided in section 104-25(a)(2). The suspension shall be effective on the later of the twenty-first day after the notification of violation has been sent, or upon the issuance of a decision pursuant to section 104-23(c).

(d) A first, second, or third violation refers to each project in which the department finds that a contractor has failed to comply with this chapter.

(e) Both the person and firm shall be listed on each notice of violation.

(f) For purposes of this section:

"Firm" includes a corporation, limited liability company, partnership, and limited partnership.

"New work on any public work" includes any public works project in which the suspended person or firm has not begun work at the job site as of the date of the suspension order.

"Offense" means each section of this chapter under which the contractor is cited; provided that, with respect to prevailing wage and overtime citations under section 104-2, each employee and each project shall be considered a separate offense.

"Person" includes a sole proprietor and the principal responsible managing employee that holds the contractors license of the firm. [L 1995, c 181, pt of §2; am L 1999, c 251, §1; am L 2011, c 160, §2; am L 2014, c 130, §6; am L 2016, c 192, §1; am L 2023, c 51, §1]
Haw. Rev. Stat. § 102-12 — HI Code / Division 1 / Title 9 / Chapter 102 / Section 102-12
Surety on bond; justification.
Status: in_force

A surety company authorized to do business under the laws of the State may be accepted as surety on the bond, whenever, in the opinion of the officer letting the contract, the rights of all parties in interest will be fully protected. If the surety or sureties on the bond, whether individual or corporate, shall be other than a surety company authorized to do business under the laws of the State, there shall be not more than four sureties who shall severally justify in such amounts as, taken together, will aggregate the full amount of the bond; provided that in the case of the other sureties the officer letting the contract shall require that the surety shall also severally deposit with the officer certified checks, certificates of deposit, or share certificates (unconditionally assigned or on demand on or after such period as the officer may stipulate) or bonds, stocks, or other negotiable securities, or execute and deliver to the officer a deed of trust of real property, all of such character as shall be satisfactory to the officer, each surety to furnish the security to the full cash value of one hundred per cent of the amount for which the surety shall so have justified; provided further that the contracting officer, in the officer's discretion, may waive the necessity of furnishing the security, to any extent that the officer may deem warranted, in cases where, upon an actual examination, the officer is satisfied as to the financial responsibility of the proposed surety or sureties; provided that if there is but one personal surety the surety shall so justify for the full amount of the bond.
Haw. Rev. Stat. § 101-38 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-38
Further certificate of possession.
Status: in_force

In the event possession of any land which is the subject of eminent domain proceedings commenced for the acquisition of the fee simple estate in such lands is obtained by the State or any county, whether or not any moneys are paid into court at the time, the plaintiff or its attorney upon the request of any interested person shall certify the date of the possession to the director of taxation or county finance director, as the case may be, and upon receipt of the certificate the appropriate director or appropriate state or comparable county tax collector and other tax official may remit the taxes in the manner provided in section 101-36.
Haw. Rev. Stat. § 103-4 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-4
Expenditure from general appropriation unlawful, when.
Status: in_force

Whenever a specific appropriation is made for a particular object, it shall be unlawful to make any expenditure from a general appropriation which would otherwise cover such particular object.
Haw. Rev. Stat. § 103D-1003 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1003
Printing, binding, and stationery work.
Status: in_force

(a) All bids submitted for a printing, binding, or stationery section 103D-302 contract in which all work will be performed in-state, including all preparatory work, presswork, bindery work, and any other production-related work, to include storage and shipping costs, shall receive a fifteen per cent preference for purposes of bid evaluation.

(b) Where bids are for work performed in-state and out-of-state, then for the purpose of selecting the lowest bid submitted only, the amount bid for work performed out-of-state shall be increased by fifteen per cent. The lowest total bid, taking the preference into consideration, shall be awarded the contract unless the solicitation provides for additional award criteria. The contract amount awarded, however, shall be the amount of the price offered, exclusive of the preference. [L 1994, c 186, pt of §1; am L 1997, c 352, §17; am L 1999, c 149, §19]
Haw. Rev. Stat. § 109-8 — HI Code / Division 1 / Title 9 / Chapter 109 / Section 109-8
Lost and found money or property at the stadium.
Status: in_force

All money or property found at the stadium shall be reported or delivered by the finder to the stadium lost and found, and when so delivered shall be held by the stadium for forty-five days or until claimed by some person who establishes title or right of custody thereto to the satisfaction of the stadium manager, whichever is shorter. In the event of establishment of title or right of custody, the money or property shall be delivered to the claimant by the manager or the manager's agent. If after forty-five days no claimant establishes a right to the money or property, the money or property may be claimed by the person who delivered it to the stadium lost and found; provided that if the person who delivered it to the stadium lost and found fails to claim the money or property within thirty days after being notified by the manager, the manager shall deposit the money into the state treasury to the credit of the stadium development special fund or shall dispose of the property by public auction. The manager shall give public notice, giving details as to time and place of the auction and giving notice to all persons interested in claiming the property that unless claims are made by persons who can provide satisfactory proof of ownership before a specified date, the property will be sold at public auction to the highest bidder; provided that if the manager considers the highest bid to be insufficient, the manager shall have the right to decline the sale to the highest bidder and may reoffer the property at a subsequent public auction. On the day and at the place specified in the notice, all property for which no satisfactory proof of ownership is made shall be sold by auction by or under the direction of the manager.

If any property which is of a perishable nature or which is unreasonably expensive to keep or safeguard remains unclaimed at the stadium, the manager may sell that property at public auction, at a time and after notice that is reasonable under the circumstances. If the manager determines that any property delivered to the manager pursuant to this section has no apparent commercial value, the manager at any time thereafter may destroy or otherwise dispose of the property.

The manager shall deposit into the stadium development special fund all moneys received from the sale, destruction, or disposition of any property. No action or proceeding shall be brought or maintained against the State or any officer thereof on account of such sale, destruction, or disposition. The purchaser of property at any sale conducted by the manager pursuant to this section shall receive good title to the property purchased and shall take possession of the property free from any and all claims of the owner, prior owners, and any person claiming title.

For purposes of this section, notice by regular mail to the last known address of the person who delivered the money or property to the stadium lost and found shall be deemed sufficient. [L 1983, c 162, §1; am L 1998, c 2, §30; am L 2021, c 146, §9]
Haw. Rev. Stat. § 103-55 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-55
Wages, hours, and working conditions of employees of contractors performing services.
Status: in_force

(a) Before any offeror enters into a contract to perform services in excess of $25,000 for any governmental agency, the offeror shall certify that the services to be performed will be performed under the following conditions:

(1) Wages. The services to be rendered shall be performed by employees paid at wages or salaries not less than the wages paid to public officers and employees for similar work. For contracts for services performed by laborers and mechanics, the contractor or the contractor's subcontractor shall give a copy of the rates of wages to each laborer and mechanic employed under the contract by the contractor at the time each laborer and mechanic is employed; provided that the contractor does not have to provide the contractor's employees the wage rate schedules where there is a collective bargaining agreement; and

(2) Compliance with labor laws. All applicable laws of the federal and state governments relating to workers' compensation, unemployment compensation, payment of wages, and safety will be fully complied with.

(b) For contracts for services performed by laborers and mechanics, the governmental contracting agency may withhold from the contractor so much of the accrued payments as the governmental contracting agency may consider necessary to pay to the laborers and mechanics employed by the contractor or any subcontractor on the job site the difference between the required wages and the wages received and not refunded by the laborers and mechanics.

(c) Every contract covered under this section for services performed by laborers and mechanics and the specifications for the contract shall contain a provision that a certified copy of all payrolls shall be submitted weekly to the governmental contracting agency for review. The contractor shall be responsible for the submission of certified copies of the payrolls of all subcontractors. The certification shall affirm that the payrolls are correct and complete, the wage rates contained therein are not less than the applicable rates, and the classifications set forth for each laborer or mechanic conform with the work the laborer or mechanic performed. Any certification discrepancy found by the governmental contracting agency shall be reported to the contractor and the agency director to effect compliance.

Payroll records for all laborers and mechanics working at the site of the work shall be maintained by the contractor and the contractor's subcontractors, if any, during the course of the work and preserved for a period of three years thereafter. The records shall contain the name of each employee, the employee's correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. The contractor shall make payroll records available for examination within ten days from the date of a written request by a governmental contracting agency or any authorized representatives thereof.

(d) For contracts for services performed by laborers and mechanics, the governmental contracting agency shall:

(1) Pay or cause to be paid, within sixty days of a determination made by the contracting agency, directly to laborers and mechanics, from any accrued payment withheld under the terms of the contract, any wages or overtime compensation found to be due to laborers or mechanics under the terms of the contract subject to this section; and

(2) Order any contractor to pay, within sixty days of a determination made by the contracting agency, any wages or overtime compensation that the contractor, or any of the contractor's subcontractors, should have paid to any laborer or mechanic under any contract subject to this section.

(e) No contract to perform services for any governmental contracting agency in excess of $25,000 shall be granted unless all the conditions of this section are met. Failure to comply with the conditions of this section during the period of contract to perform services shall result in cancellation of the contract, unless such noncompliance is corrected within a reasonable period as determined by the procurement officer. Final payment of a contract or release of bonds or both shall not be made unless the procurement officer has determined that the noncompliance has been corrected.

It shall be the duty of the governmental contracting agency awarding the contract to perform services in excess of $25,000 to enforce this section.

(f) This section shall apply to all contracts to perform services in excess of $25,000, including contracts to supply ambulance service and janitorial service.

This section shall not apply to:

(1) Managerial, supervisory, or clerical personnel;

(2) Contracts for supplies, materials, or printing;

(3) Contracts for utility services;

(4) Contracts to perform personal services under section 46-33(7), (8), and (9), section 76-16(b)(2), (3), (12), and (15), and section 76-77(7), (8), and (12);

(5) Contracts for professional services;

(6) Contracts to operate refreshment concessions in public parks, or to provide food services to educational institutions;

(7) Contracts to provide transportation services for school children;

(8) Contracts with nonprofit institutions;

(9) Contracts for furniture and equipment type work; or

(10) Existing contracts that were executed prior to September 1, 2019. [L 1907, c 98, §1; am L 1915, c 9, §1; am L 1917, c 194, §1; am imp L 1919, c 218, §1; RL 1925, §178; am L 1925, c 165, §1; am L 1929, c 86, §1; am L 1932 2d, c 36, §1; RL 1935, §92; am L 1937, c 34, §1; RL 1945, §362; RL 1955, §9-48; am L 1965, c 247, §1; HRS §103-55; am L 1975, c 41, §1; am L 1984, c 95, §1; am L 1985, c 73, §1; am L 1999, c 149, §10; am L 2013, c 258, §2; am L 2017, c 12, §8; am L 2019, c 219, §1]
Haw. Rev. Stat. § 101-22 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-22
Decision.
Status: in_force

The court may determine all adverse or conflicting claims to the property sought to be condemned and to the compensation or damages to be awarded for the taking of the property.
Haw. Rev. Stat. § 102-1 — HI Code / Division 1 / Title 9 / Chapter 102 / Section 102-1
Definition.
Status: in_force

The word "concession" as used in this chapter means the grant to a person of the privilege to:

(1) Conduct operations involving the sale of goods, wares, merchandise, or services to the general public including but not limited to food and beverage establishments, retail stores, motor vehicle rental operations under chapter 437D, advertising, and communications and telecommunication services, in or on buildings or land under the jurisdiction of any government agency;

(2) Operate a parking lot on property owned or controlled by the State with the exception of buildings, facilities, and grounds operated by or otherwise under the jurisdiction of the department of education; and

(3) Use, for compensation, space on public property to display advertising, or to conduct operations for communications or telecommunications purposes. [L 1963, c 93, §1; Supp, §7B-1.5; am L 1967, c 189, §3; HRS §102-1; am L 1997, c 208, §2; am L 2001, c 303, §1]
Haw. Rev. Stat. § 105-2 — HI Code / Division 1 / Title 9 / Chapter 105 / Section 105-2
Exceptions.
Status: in_force

Section 105-1 shall not apply to:

(1) The governor;

(2) The mayor of any county;

(3) Any member of a police department or a fire department or of the staff of a hospital, or any officer or employee of the board of water supply of the city and county of Honolulu, when using a motor vehicle for a personal purpose incidental to the person's service or work (but not for pleasure);

(4) Any officer or employee of the State who, upon written recommendation of the comptroller, is given written permission by the governor to use, operate, or drive for personal use (but not for pleasure) any motor vehicle owned or controlled by the State;

(5) Any officer or employee of any county who, upon written recommendation of the budget director, is given written permission by the mayor, to use, operate or drive for personal use (but not for pleasure) any motor vehicle owned or controlled by the county;

(6) Any officer or employee of the State, or of any county, who, in case of emergency, because of the person's illness, or the person's incapacity caused by accident while at work, or because of the illness of a member of the person's immediate family including a reciprocal beneficiary while the person is at work, is conveyed in a motor vehicle to the person's place of abode, or to a hospital or other place, but every such use of such a motor vehicle shall be certified to by the officer or by the head of the department, commission, board, bureau, agency, or instrumentality controlling or possessing the motor vehicle immediately thereafter, and the certificate shall be forthwith filed with the comptroller, in the case of the State, or with the budget director, in the case of a county; and

(7) The assigned driver of a Van Go Hawaii vehicle or any other state ridesharing program vehicle. [L 1919, c 227, pt of §1; RL 1945, pt of §462; am L 1949, c 389, pt of §1(a); RL 1955, §7-11; am L 1965, c 11, §1; HRS §105-2; am L 1981, c 49, §1; gen ch 1993; am L 1997, c 383, §34]
Haw. Rev. Stat. § 111-12 — HI Code / Division 1 / Title 9 / Chapter 111 / Section 111-12
Appeals.
Status: in_force

Any person aggrieved by a state agency's determination concerning eligibility for an amount of relocation payments authorized by this chapter or by a determination that the party is responsible for a code violation may appeal such determination to the circuit court of the circuit in which the displaced person or party then resides. The appeal shall be made pursuant to the administrative procedure act set forth in chapter 91.
Haw. Rev. Stat. § 103D-1212 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1212
Duties of the State and county.
Status: in_force

(a) The administrator of the state procurement office shall examine each inventory return filed as required by sections 103D-1206 and 103D-1207 and the director of finance of each county shall examine each inventory return filed as required by section 103D-1208, and they shall add, if any, items of property which should have been included with their full cash value, correct and alter the valuations as may be required by truth and accuracy, and enter in one or more books to be kept for the purpose and to be available at all times for inspection by any taxpayer, all of the property and valuations named in the inventories, as added to, revised, corrected, and classified for convenience.

(b) The administrator of the state procurement office or county director of finance shall charge the amounts of the inventories to proper accounts on the general ledgers of the State or county so that the values of the properties shall be shown and appear at all times in the balance sheet of the books of the State or county.

(c) The director of taxation at all times shall advise or assist the administrator of the state procurement office in the valuation of all state property.

(d) The county engineers shall advise or assist the director of finance of their respective counties as to the valuation of the property belonging to the county. [L 1994, c 186, pt of §1]
Haw. Rev. Stat. § 103D-1211 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1211
Forms for annual inventory return.
Status: in_force

The administrator of the state procurement office shall prepare and print a general form upon which the inventories required under sections 103D-1206 and 103D-1207 shall be made, and before June 1 of each year, shall mail to each officer required under sections 103D-1206 and 103D-1207 to file an annual inventory return, as many forms as necessary to enable the officer to make a proper return. The administrator of the state procurement office, at the same time, shall call to the attention of the officer, in writing, the requirements of this part.
Haw. Rev. Stat. § 111-6 — HI Code / Division 1 / Title 9 / Chapter 111 / Section 111-6
Relocation assistance programs.
Status: in_force

(a) When actions of a state agency displace or will displace any person, it shall assure that a relocation assistance program for such displaced person offering the services herein prescribed is available to reduce hardship to those affected and to reduce delays in improvements and other programs for public or other purposes in the public interest. If the state agency determines that other persons, business concerns, farm operations, or nonprofit organizations occupying property adjacent to any real property acquired are caused substantial economic injury because of the public improvement for which property is acquired, it may provide such persons, business concerns, farm operations, or nonprofit organizations relocation services under such program.

(b) Each relocation assistance program required by subsection (a) shall include such measures, facilities, or services as may be necessary or appropriate in order (1) to determine the needs of displaced persons for relocation assistance; (2) to assist owners of displaced business concerns and farm operations in obtaining and becoming established in suitable business locations or replacement farms; (3) to supply information concerning programs of the federal government offering assistance to displaced persons and business concerns; (4) to assist in minimizing hardships to displaced persons in adjusting to relocation; and (5) to secure to the greatest extent practicable the coordination of relocation activities with other project activities and other planned or proposed state agency action in the community or nearby areas which may affect the carrying out of the relocation program. [L 1970, c 166, §6]
Haw. Rev. Stat. § 103-2 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-2
General fund.
Status: in_force

All revenues of the State or of any agency thereof not specifically appropriated to other purposes shall be general realizations of the State to be available for general use in financing government operations and services, which revenues and realizations in their aggregate are herein referred to as the "general fund". Expenditures from this fund shall be authorized by the legislature through appropriations or otherwise, and expenditures shall be made in accordance with laws and regulations governing the expenditure of public funds generally.
Haw. Rev. Stat. § 103D-323 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-323
Bid security.
Status: in_force

(a) Unless the policy board determines otherwise by rules, bid security shall be required only for construction contracts to be awarded pursuant to sections 103D-302 and 103D-303 and when the price of the contract is estimated by the procurement officer to exceed $25,000 or, if the contract is for goods or services, the purchasing agency secures the approval of the chief procurement officer. Bid security shall be a bond provided by a surety company authorized to do business in the State, or the equivalent in cash, or otherwise supplied in a form specified in rules.

(b) Bid security shall be in an amount equal to at least five per cent of the amount of the bid.

(c) Unless, pursuant to rules, it is determined that a failure to provide bid security is nonsubstantial, all bids required to be accompanied by bid security shall be rejected when not accompanied by the required bid security.

(d) After the bids are opened, they shall be irrevocable for the period specified in the invitation for bids, except as provided in section 103D-302(g). If a bidder is permitted to withdraw its bid before award, no action shall be had against the bidder or the bid security. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §11; am L 1997, c 352, §23]
Haw. Rev. Stat. § 113-4 — HI Code / Division 1 / Title 9 / Chapter 113 / Section 113-4
Proceeding by owner.
Status: in_force

Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of the owner's property in any program or project in which federal or federal-aid funds are used, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the State's attorney effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sums as will, in the opinion of the court or the State's attorney, reimburse such plaintiff for the plaintiff's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.
Haw. Rev. Stat. § 103D-212 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-212
Collection of data concerning public procurement.
Status: in_force

The chief procurement officer and the heads of all purchasing agencies shall cooperate in the preparation of statistical data concerning the procurement, usage, and disposition of all goods, services, and construction, and employ such trained personnel as may be necessary to carry out this function. All using agencies shall furnish such reports as the chief procurement officer may require concerning usage, needs, and stocks on hand, and the chief procurement officer may prescribe forms to be used by the using agencies in requisitioning, ordering, and reporting of goods, services, and construction. [L Sp 1993, c 8, pt of §2]
Haw. Rev. Stat. § 101-6 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-6
What property may be taken.
Status: in_force

Property which may be taken by virtue of this part includes all real estate belonging to any person, together with all structures and improvements thereon, franchises or appurtenances thereunto belonging, water, water rights, and easements of every nature.
Haw. Rev. Stat. § 103D-712 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-712
Time limitations on actions.
Status: in_force

(a) Requests for administrative review under section 103D-709 shall be made directly to the office of administrative hearings of the department of commerce and consumer affairs within seven calendar days of the issuance of a written determination under section 103D-310, 103D-701, or 103D-702.

(b) Requests for judicial review under section 103D-710 shall be filed in the circuit court of the circuit where the case or controversy arises within ten calendar days after the issuance of a written decision by the hearings officer under section 103D-709.

(c) Complaints to initiate judicial actions under section 103D-711 shall be filed in the circuit court within six months of the issuance of a written determination under section 103D-703. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §10; am L 2001, c 251, §4]
Haw. Rev. Stat. § 101-54 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-54
Part I provisions adopted; consolidation of proceedings.
Status: in_force

The provisions of part I are adopted for and made applicable to the proceedings authorized by this part, except insofar as the provisions of part I are inconsistent with the express provisions of this part.

Upon motion of any party, any special proceeding filed under this part may be consolidated for hearing and decision with any proceeding brought under part I for the same public use, and if so consolidated shall be heard and determined by the judge of the circuit court in which the proceeding under part I is pending, sitting without a jury. [L 1949, c 377, pt of §1; RL 1955, §8-53; HRS §101-54; am L 1973, c 30, pt of §5]
Haw. Rev. Stat. § 107-2 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-2
Surveys, maps, etc.
Status: in_force

§107-2 Surveys, maps, etc., lands, harbors, etc. The comptroller shall cause such surveys, maps, and plans of the government lands set aside for public purposes and of the harbors, and internal improvements to be made as the public interest may require, which surveys, maps, and plans shall be kept in the comptroller's office for public inspection and reference. [CC 1859, §45; Cp L §45; am imp Org Act, §73(q); RL 1925, §799; RL 1935, §1701; RL 1945, §4902; RL 1955, §110-2; am L Sp 1959 2d, c 1, §12; HRS §107-2; gen ch 1985]
Haw. Rev. Stat. § 101-3 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-3
Entry upon private property by agreement.
Status: in_force

In the event the State or a county thereof enters upon privately owned real property by authority of an agreement to acquire the real property either by voluntary action of the parties or by condemnation, the State or county is required to:

(1) Reduce the agreement in writing;

(2) File the executed written agreement promptly in the bureau of conveyances;

(3) Complete its part of the agreement, including payment in full of any money, within the period of two years immediately succeeding the date upon which the agreement is filed.

If the State or county does not so complete its part of the agreement, the State or county shall pay to the property owner, in addition to the sum due, interest of six per cent a year on the sum due commencing with the end of the term of two years, and the property owner may bring suit against the State or any county to recover the sum together with interest. [L 1953, c 108, §1; RL 1955, §8-3; HRS §101-3]
Haw. Rev. Stat. § 103-32.1 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-32.1
Contract provision for retainage; subcontractors.
Status: in_force

(a) Any retainage provided for in this section or requested to be withheld by the contractor shall be held by the procurement officer.

(b) A dispute between a contractor and subcontractor of any tier shall not constitute a dispute to which the State or any county is a party, and there is no right of action against the State or any county. The State and a county may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

(c) Any public contract may include a provision for the retainage of a portion of the amount due under the contract to the contractor to ensure the proper performance of the contract; provided that:

(1) The sum withheld by the procurement officer from the contractor shall not exceed five per cent of the total amount due the contractor and that, after fifty per cent of the contract is completed and progress is satisfactory, no additional sum shall be withheld; provided further that if progress is not satisfactory, the procurement officer may continue to withhold, as retainage, sums not exceeding five per cent of the amount due the contractor; and

(2) The retainage shall not include sums deducted as liquidated damages from moneys due or that may become due the contractor under the contract.

(d) Where a subcontractor has provided evidence to the contractor of:

(1) A valid performance and a payment bond for the project that is acceptable to the contractor and executed by a surety company authorized to do business in this State;

(2) Any other bond acceptable to the contractor; or

(3) Any other form of collateral acceptable to the contractor,

the retention amount withheld by the contractor from its subcontractor shall be not more than the same percentage of retainage as that of the contractor. This subsection shall also apply to the subcontractors who subcontract work to other subcontractors.

(e) This section shall not be construed to impair the right of a contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that:

(1) Permit the contractor or subcontractor to retain, without cause, a specified percentage of no more than ten per cent of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract, without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond, subject however, to the limitations of subsection (d); and

(2) Permit the contractor or subcontractor to make a determination that part or all of the subcontractor's payment request may be withheld by the procurement officer in accordance with the subcontract agreement, without incurring any obligation to pay interest or a late payment penalty if a written notice of any withholding is issued to a subcontractor, with a copy to the procurement officer, specifying the following:

(A) The amount to be withheld;

(B) The specific causes for the withholding under the terms of the subcontract; and

(C) The remedial actions to be taken by the subcontractor to receive payment of the amounts withheld.

(f) A contractor may not request payment from the procurement officer of any amount withheld or retained in accordance with subsection (e) until such time as the contractor has determined and certified to the procurement officer that the subcontractor is entitled to the payment of such amount.

(g) The provisions of this section shall not be construed to require payment to subcontractors of retainage released to a contractor pursuant to an agreement entered into with the procurement officer meeting the requirements of section 103-32.2. [L 1976, c 167, pt of §1; am L 1999, c 149, §7; am L 2000, c 222, §2; am L 2006, c 291, §3; am L 2009, c 175, §§8, 14(2); am L 2010, c 107, §1]
Haw. Rev. Stat. § 110-2 — HI Code / Division 1 / Title 9 / Chapter 110 / Section 110-2
Powers and duties of the comptroller.
Status: in_force

In carrying out the responsibility assigned by this chapter, the comptroller may:

(1) Adopt rules pursuant to chapter 91 to establish policies and rules governing the use of state-owned cemeteries, including, but not limited to, establishment of fees and charges, recordkeeping, entitlement to and procedures for interments and disinterments, the maintenance of order and security, placement and relocation of graves and grave markers, and kinds of markers that may be allowed;

(2) Determine, on the basis of evidence provided by claimants, ownership of or interest in cemetery plots and entitlement to interment and disinterment;

(3) Enter into agreements with churches, cemetery associations, and other not-for-profit organizations for the use of property within any state-owned cemetery; provided that the agreements shall specify the responsibilities of the organization for maintenance, care, and security of property, fees that may be charged members of the organization, the maintenance of such records as the comptroller may deem necessary, and such other requirements as the comptroller may impose;

(4) Redevelop cemeteries for other public purposes, and take such action as may be deemed necessary to reduce the number of state-owned cemeteries or to reduce the size of existing state-owned cemeteries;

(5) Contract for services necessary for the maintenance, improvement, redevelopment, or disposal of cemeteries; for the disinterment and relocation of remains; and for any other services as may be deemed necessary by the comptroller;

(6) Delegate to one or more subordinates authority to manage and maintain state-owned cemeteries;

(7) Hire temporary personnel exempt from chapter 76 to carry out management or maintenance functions; and

(8) Take such actions as the comptroller may deem necessary. [L 1987, c 368, pt of §2; am L 2000, c 253, §150]
Haw. Rev. Stat. § 103D-1011 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1011
Qualified community rehabilitation program; proposal to provide goods and services.
Status: in_force

A qualified community rehabilitation program shall be allowed to sell only goods or services, also to include building custodial and grounds maintenance services, to a governmental body. A proposal shall be submitted to the purchasing agency containing the following information:

(1) A description of the goods or service;

(2) The price of the goods or service; and

(3) Documents and information necessary to qualify as a qualified community rehabilitation program under section 103D-1001. [L 1999, c 149, pt of §3]
Haw. Rev. Stat. § 102-5 — HI Code / Division 1 / Title 9 / Chapter 102 / Section 102-5
Bids; opening; rejection.
Status: in_force

The time of opening of such tenders shall be not less than five days after the last publication. All bids shall be sealed and delivered to the officer advertising therefor and shall be opened by the officer at the hour and place to be stated in the call for tenders in the presence of all bidders who attend, and may be inspected by any bidder. All bids which do not comply with the requirements of the call for tenders shall be rejected. The officer calling for bids may reject any or all bids and waive any defects when in the officer's opinion such rejection or waiver will be for the best interest of the public.
Haw. Rev. Stat. § 103D-318 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-318
Finality of determinations.
Status: in_force

The determinations required by sections 103D-302(g), 103D-303(a), 103D-303(g), 103D-306, 103D-307, 103D-310, 103D-312(e), 103D-313, and 103D-314 shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law. [L Sp 1993, c 8, pt of §2; am L 2016, c 253, §5]
Haw. Rev. Stat. § 107-32 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-32
[ §107-32] Refrigerant use.
Status: in_force

[ §107-32] Refrigerant use. No provision of the Hawaii state building codes or any county building code shall prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to title 42 United States Code section 7671k; provided that any equipment containing the refrigerant shall be listed and installed in accordance with any applicable safety standards and use conditions imposed for that equipment or refrigerant.
Haw. Rev. Stat. § 103D-1304 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1304
Affirmative program for procuring oils with recycled content.
Status: in_force

(a) Each chief procurement officer shall establish and maintain an affirmative program for procuring oils containing the maximum content of recycled oil.

(b) An affirmative program shall include:

(1) Placement of descriptions of the preference of recycled oil products in publications used to solicit bids from suppliers or vendors;

(2) Descriptions of the recycled oil procurement program at the bidders' conferences;

(3) Discussion of the preference program in lubricating oil and industrial oil procurement solicitations, invitations for bids, requests for proposals, or other solicitations for offers under this chapter; and

(4) Efforts to inform trade associations about the preference program. [L 1999, c 53, pt of §2]
Haw. Rev. Stat. § 103F-106 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-106
Authority of the procurement policy board.
Status: in_force

The policy board established under section 103D-201 shall adopt all rules necessary to implement this chapter. All rules shall be adopted in accordance with chapter 91. The policy board shall consider and decide matters of policy within the scope of this chapter including those referred to it by chief procurement officers. The policy board may audit and monitor implementation of its rules and the requirements of this chapter, but shall not exercise authority over the award or administration of any particular contract, or over any dispute or claim arising from a contract.
Haw. Rev. Stat. § 107-24 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-24
Authority and duties of the council.
Status: in_force

(a) Any law to the contrary notwithstanding, the council shall establish the Hawaii state building codes.

(b) The council shall appoint a subcommittee comprising the four council members representing county building officials, whose duty shall be to recommend any necessary or desirable state amendments to the codes and standards identified in section 107-25. Any recommended state amendments shall require the unanimous agreement of the subcommittee.

(c) The council shall adopt, amend, or update codes and standards identified in section 107-25 on a staggered basis as established by the council; provided that adoption of a code or standard shall be within two years of the official publication date of the code or standard, pursuant to chapter 92, and exempt from the requirements of chapter 91. If the council does not adopt a code or standard identified in section 107-25 within the two-year time period, that code or standard shall automatically become part of the Hawaii state building code until superseded by the adoption of an amended version of the code or standard by the council pursuant to this subsection.

(d) The council may appoint other investigative, technical expertise committees, which may include council members.

(e) The council shall consult with general building contractor associations and building trade associations to gather information and recommendations on construction practices and training relevant to building codes and standards.

(f) The council may make expenditures for technical references, equipment and supplies, and other operating expenses, and may contract for the conduct of research studies and other technical services.

(g) The council may provide education and technical training and administrative assistance in the form of services or grants at the state and county levels relating to the implementation and enforcement of the Hawaii state building codes adopted pursuant to this part.

(h) At the end of each fiscal year, the council shall submit a written report to the governor on the council's activities, including the codes and standards adopted, amended, or updated by the council. [L 2007, c 82, pt of §2; am L 2014, c 164, §5; am L 2017, c 141, §2]
Haw. Rev. Stat. § 103D-707 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-707
Remedies after an award.
Status: in_force

(a) If after an award it is determined that a solicitation or award of a contract is in violation of law, then:

(1) If the person awarded the contract has not acted fraudulently or in bad faith:

(A) The contract may be ratified and affirmed, or modified; provided that it is determined that doing so is in the best interests of the State; or

(B) The contract may be terminated and the person awarded the contract shall be compensated for the actual expenses, other than attorney's fees, reasonably incurred under the contract, plus a reasonable profit, with such expenses and profit calculated not for the entire term of the contract but only to the point of termination;

(2) If the person awarded the contract has acted fraudulently or in bad faith:

(A) The contract may be declared null and void; or

(B) The contract may be ratified and affirmed, or modified, if the action is in the best interests of the State, without prejudice to the State's rights to such damages as may be appropriate.

(b) If the award of the contract was made in violation of law, and the award is rescinded and the contract, if executed, is terminated or declared null and void, then:

(1) For solicitations issued pursuant to section 103D-302, the contract may be awarded to the next lowest responsive and responsible bidder; provided that all prices remain the same as originally bid; or

(2) For solicitations issued pursuant to section 103D-303, the contract may be awarded to the next responsive and responsible offeror whose proposal is determined in writing to be the next most advantageous, taking into consideration the evaluation factors set forth in the solicitation; provided that all prices remain the same as originally offered. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §5; am L 2022, c 180, §1]
Haw. Rev. Stat. § 103D-1106 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1106
Transfer charges.
Status: in_force

Any charges or fees assessed by the surplus property director shall be limited to those reasonably related to the costs of care and handling with respect to the acquisition, receipt, warehousing, distribution, or transfer. The charges and fees shall be limited to the reasonable administrative costs the surplus property director incurred in effecting transfer.
Haw. Rev. Stat. § 103-22 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-22
REPEALED.
Status: in_force

L Sp 1993, c 8, §26.
Haw. Rev. Stat. § 107-25 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-25
Hawaii state building codes; requirements.
Status: in_force

There is established the Hawaii state building codes applicable to all construction in the State of Hawaii. The Hawaii state building codes shall be based upon:

(1) The state fire code as adopted by the state fire council;

(2) The Uniform Plumbing Code, as copyrighted and published by the International Association of Plumbing and Mechanical Officials, including its appendices;

(3) The International Building Code, the International Residential Code, and the International Energy Conservation Code, as published by the International Code Council;

(4) The National Electrical Code, as published by the National Fire Protection Association;

(5) Hawaii design standards implementing the criteria pursuant to Act 5, Special Session Laws of Hawaii, 2005, as applicable to:

(A) Emergency shelters built to comply with hurricane resistant criteria, including enhanced hurricane protection areas capable of withstanding a five hundred-year hurricane event as well as other storms and natural hazards; and

(B) Essential government facilities requiring continuity of operations; and

(6) Code provisions based on nationally published codes or standards that include but are not limited to residential and hurricane resistant standards related to loss mitigation standards in accordance with section 431P-12, elevator, mechanical, flood and tsunami, existing buildings, and onsite sewage disposal. [L 2007, c 82, pt of §2; am L 2014, c 164, §6]
Haw. Rev. Stat. § 103F-408 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-408
Modification and termination of contracts.
Status: in_force

(a) The policy board shall adopt rules specifying when a contract clause providing for adjustments in time of performance, scope of service, payment amount and terms, or other contract provisions as appropriate, by prior written consent of the parties, may be included in a contract to purchase health and human services.

(b) The policy board shall adopt rules requiring the inclusion of a contract clause providing for termination of the contract, either in whole or in part, for non-performance, reduction in funds available to pay the provider, or a change in the conditions upon which the need for the service was based. The purchasing agency shall be required to provide advance written notice to the provider organization with the reasons for the termination. [L 1997, c 190, pt of §2]
Haw. Rev. Stat. § 101-39 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-39
Effect of abandonment of eminent domain proceedings.
Status: in_force

If (1) possession is abandoned at any time prior to the entry of final order of condemnation, or (2) proceedings are abandoned or discontinued before reaching final judgment, or (3) the final judgment does not provide for the taking of the land for public use, or (4) the final order of condemnation is not entered within two years after final judgment, then:

(A) The amount of taxes remitted for the balance of the taxation period or year from and after the event enumerated in items (1), (2), (3), or (4) above shall be restored to the tax lists and tax rolls and shall be deemed delinquent if not paid within ten days after the mailing of notice and demand for payment; and

(B) If the property has not been assessed for taxes in any year by reason of such possession by the plaintiff the property shall be assessed for taxes in the manner provided for property omitted from taxation, and the taxes due on the property for the balance of the taxation period or year from and after the event enumerated in items (1), (2), (3), or (4) above shall be placed on the tax lists and tax rolls and collected as in the case of property omitted from taxation. [L 1939, c 211, pt of §3; RL 1945, pt of §320; RL 1955, §8-37; HRS §101-39]
Haw. Rev. Stat. § 101-9 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-9
Actions; priority.
Status: in_force

In all actions brought under this chapter, to enforce the right of eminent domain, all courts shall give the actions preference over all other civil actions in the matter of setting the actions for hearing or trial, and in hearing them, to the end that all the actions shall be quickly heard and determined.
Haw. Rev. Stat. § 103D-203 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-203
Chief procurement officers.
Status: in_force

(a) [Repeal and reenactment on June 30, 2028. L 2024, c 111, § §3, 5(1).] The chief procurement officer for each of the following state entities shall be:

(1) The judiciary--the administrative director of the courts;

(2) The senate--the president of the senate;

(3) The house of representatives--the speaker of the house of representatives;

(4) The office of Hawaiian affairs--the chairperson of the board;

(5) The university of Hawaii--the chief financial officer of the university of Hawaii;

(6) The department of education, excluding the Hawaii public library system--the superintendent of education;

(7) The Hawaii health systems corporation--the chief executive officer of the Hawaii health systems corporation;

(8) The school facilities authority--the executive director of the school facilities authority; and

(9) The remaining departments of the executive branch of the State and all governmental bodies administratively attached to them--the administrator of the state procurement office of the department of accounting and general services.

(b) The chief procurement officers for each of the several counties shall be:

(1) The executive branch--the respective finance directors of the several counties, except as provided in paragraphs (3), (4), and (5);

(2) The legislative branch--the respective chairpersons of the councils of the several counties;

(3) The Honolulu, Kauai, and Maui boards or departments of water supply--the managers and chief engineers of the respective boards or departments of water supply as designated by county charter;

(4) The Hawaii board of water supply--the manager of the board of water supply as designated by county charter; and

(5) The semi-autonomous public transit agency--the director of the agency as designated by county charter;

provided that the chief procurement officers designated under paragraphs (1), (2), (3), (4), and (5) shall not exercise their powers or duties over contracting in a manner contrary to the respective county's charter, ordinances, or rules adopted in accordance with chapter 91.

(c) For purposes of applying this chapter to the judiciary, houses of the legislature, office of Hawaiian affairs, University of Hawaii, department of education, remaining departments of the executive branch and all governmental bodies administratively attached to them, and the several counties, unless otherwise expressly provided, "State" shall mean "judiciary", "state senate", "state house of representatives", "office of Hawaiian affairs", "University of Hawaii", "department of education", "executive branch", "county", "board of water supply" or "department of water supply", and "semi-autonomous public transit agency", respectively. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §8 and c 193, §§2, 5; am L 1996, c 262, §27; am L 1997, c 352, §§5, 19; am L 1999, c 149, §14; am L 2004, c 216, §17; am L 2006, c 283, §1; am L 2011, c 131, §2; am L 2013, c 87, §2; am L 2018, c 42, §§2, 6; am L Sp 2021, c 8, §§12, 16(3); am L 2024, c 111, §2; am L 2025, c 206, §3]
Haw. Rev. Stat. § 103D-313 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-313
Types of contracts.
Status: in_force

(a) Subject to the limitations of this section, any type of contract that will promote the State's best interests may be used.

(b) Cost-reimbursement and cost-plus-a-percentage-of-cost contracts may be used only when the chief procurement officer determines in writing that such a contract is likely to be less costly than any other type of contract or that it is impracticable to obtain the goods, services, or construction required except by means of such a contract. Cost-reimbursement and cost-plus-a-percentage-of-cost contracts shall not be used if their use would jeopardize the receipt of federal assistance moneys or reduce the amount of such assistance under any applicable federal statute or regulation.

(c) In addition to the requirements of subsections (a) and (b), a cost-plus-a-percentage-of-cost contract may not be awarded unless:

(1) Notice is given to the head of the compliance audit unit, president of the senate, speaker of the house of representatives, and the chairpersons of the senate ways and means and house finance committees; and

(2) Notice is conspicuously posted in an area accessible to the public in the office of the chief procurement officer and available for public inspection during normal business hours.

(d) The policy board shall adopt rules to implement this section. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
Haw. Rev. Stat. § 115-4 — HI Code / Division 1 / Title 9 / Chapter 115 / Section 115-4
Right of transit along shorelines.
Status: in_force

The right of access to Hawaii's shorelines includes the right of transit along the shorelines.
Haw. Rev. Stat. § 103F-105 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-105
Preventing impairment of federal funds.
Status: in_force

This chapter shall be liberally construed to not hinder or impede a state agency's application for, or receipt and use, of federal funds.
Haw. Rev. Stat. § 107-5 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-5
Costs, fees and charges.
Status: in_force

The department of accounting and general services shall be reimbursed for the reasonable costs incurred in furnishing supplies and performing services for any other state department or agency in accordance with a schedule of fees and charges approved by the director of finance after taking into consideration the amount of funds available to such department or agency for such purpose, provided that this section shall not apply to the department of land and natural resources.
Haw. Rev. Stat. § 103D-803 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-803
Sale, acquisition, or use of goods by a public procurement unit.
Status: in_force

Any public procurement unit may sell to, acquire from, or use any goods belonging to another public procurement unit or external procurement unit independent of the requirements of parts III and XII. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §14; am L 1998, c 11, §8]
Haw. Rev. Stat. § 103B-1 — HI Code / Division 1 / Title 9 / Chapter 103B / Section 103B-1
[ §103B-1] Definitions.
Status: in_force

[ §103B-1] Definitions. As used in this chapter:

"Construction" has the same meaning as in section 103D-104.

"Contract" means contracts for construction under chapter 103D.

"Contractor" has the same meaning as in section 103D-104; provided that "contractor" includes a subcontractor where applicable.

"Procurement officer" has the same meaning as in section 103D-104.

"Resident" means a person who is physically present in the State at the time the person claims to have established the person's domicile in the State and shows the person's intent is to make Hawaii the person's primary residence.

"Shortage trade" means a construction trade in which there is a shortage of Hawaii residents qualified to work in the trade. [L 2010, c 68, pt of §2]
Haw. Rev. Stat. § 101-36 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-36
Certificate of deposit of moneys in court; notice of lien.
Status: in_force

If any moneys are paid into court by the plaintiff in the course of an eminent domain proceeding, the plaintiff or its attorney shall certify the fact of the payment to the director of taxation or county finance director, as the case may be, and shall further certify the date when possession of the land on account of which the payment was made was acquired by the plaintiff, or in the event of entry of a final order of condemnation without previous possession of the land, shall certify the date of the final order of condemnation. A copy of the certificate shall be filed as part of the record in the case. In the event of a final determination granting the application of any party for the payment to the party of any of the moneys so paid into court, or if a final order of condemnation is entered, then immediately upon receipt of the certificate the appropriate director shall certify to the clerk of the court in which the eminent domain proceeding is pending the amount of state taxes set forth in title 14 or county real property taxes, penalties, and interest constituting a lien upon the land so coming into the possession of the plaintiff, or constituting a lien upon the land which was the subject of the final order of condemnation, as the case may be. In computing the amount of the lien the county director of finance shall cause the real property taxes due on the parcel of land or portion of a parcel of land so coming into the possession of the plaintiff or made the subject of the final order of condemnation, to be remitted for the balance of the taxation period or year from and after the date of possession or, in the event of entry of a final order of condemnation without previous possession by the plaintiff, from and after the date on which the final order of condemnation was entered, as the case may be. The county director of finance or other tax official may remit the taxes in the manner provided by this section upon the receipt of the certificate.
Haw. Rev. Stat. § 103D-1001.5 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1001.5
Application of this part.
Status: in_force

The preferences in this part shall apply, when applicable, to procurements made pursuant to section 103D-302, or 103D‑303, or both.
Haw. Rev. Stat. § 103D-106 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-106
Penalties.
Status: in_force

(a) Any person who intentionally violates this chapter or any rules adopted pursuant to this chapter shall be guilty of a misdemeanor and shall be:

(1) Subject to removal from office;

(2) Liable to the State or the appropriate county for any sum paid by it in connection with the violation, and that sum, together with interest and costs, shall be recoverable by the State or county; and

(3) Subject to imposition of an administrative fine under subsection (b).

(b) After reasonable notice and reasonable opportunity to be heard, the chief procurement officer, after consultation with the using agency and the attorney general or corporation counsel, as applicable, may render a written decision or issue a written order providing for the assessment of an administrative fine against a person found to have violated this chapter; provided that:

(1) The amount of the fine shall be set out in rules adopted by the policy board pursuant to section 103D-202; and

(2) The written decision or order shall be final and conclusive, subject to an administrative review under section 103D-709. [L Sp 1993, c 8, pt of §2; am L 2007, c 142, §1]
Haw. Rev. Stat. § 115-1 — HI Code / Division 1 / Title 9 / Chapter 115 / Section 115-1
Findings and purpose.
Status: in_force

The legislature finds that miles of shorelines, waters, and inland recreational areas under the jurisdiction of the State are inaccessible to the public due to the absence of public rights-of-way; that the absence of public rights-of-way is a contributing factor to mounting acts of hostility against private shoreline properties and properties bordering inland recreational areas; that the population of the islands is increasing while the presently accessible beach, shoreline, and inland recreational areas remain fixed; and that the absence of public access to Hawaii's shorelines and inland recreational areas constitutes an infringement upon the fundamental right of free movement in public space and access to and use of coastal and inland recreational areas. The purpose of this chapter is to guarantee the right of public access to the sea, shorelines, and inland recreational areas, and transit along the shorelines, and to provide for the acquisition of land for the purchase and maintenance of public rights-of-way and public transit corridors.
Haw. Rev. Stat. § 103D-1203 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1203
Administrator of the state procurement office; duties.
Status: in_force

The administrator of the state procurement office shall:

(1) Perform a periodic review of the inventory management system of all governmental bodies;

(2) Enforce rules adopted by the policy board governing the management of state property;

(3) Assist, advise, and guide governmental bodies in matters relating to the inventory management of state property; and

(4) Establish, manage, and maintain a centralized property inventory record file for each department, board, commission, or office of the State having the care, custody, or control of any state property, other than the University of Hawaii, the department of education, the several counties, and those governmental bodies administratively attached thereto, unless otherwise specified in this chapter or in rules adopted pursuant to chapter 91. [L 1994, c 186, pt of §1; am L 1997, c 352, §23]
Haw. Rev. Stat. § 104-27 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-27
Liability.
Status: in_force

If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics for wages or overtime compensation due under this chapter, and the contractor has failed to pay the wages or overtime compensation, the contractor and the contractor's sureties shall be liable to the laborers and mechanics in the amount of the unpaid wages and overtime compensation due, and in an additional equal amount as liquidated damages. However, any claim for liquidated damages, insofar as the surety or sureties are concerned, shall not be paid until the claims of all other creditors have been satisfied.
Haw. Rev. Stat. § 103D-1303 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1303
Preference for oil products with greater recycled content.
Status: in_force

Notwithstanding any law to the contrary, any procurement officer that purchases lubricating oil and industrial oil under this [part] shall purchase the oil from the seller who certifies the oil product containing the greatest percentage of recycled oil. The procurement office may purchase an oil product containing a lower percentage of recycled oil provided that the specific oil product containing recycled oil is:

(1) Not available within a reasonable period of time or in quantities necessary to meet an agency's needs;

(2) Not able to meet the performance requirements or standards recommended by the equipment or vehicle manufacturer, including any warranty requirements;

(3) Available only at a cost greater than the cost of comparable virgin oil products; or

(4) Likely to breach an existing warranty that requires the purchase of virgin oil products for exclusive use in vehicles or equipment whose warranties expressly prohibit the use of products containing recycled oil. [L 1999, c 53, pt of §2]
Haw. Rev. Stat. § 103-33 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-33
§ §103-33, 33.
Status: repealed

§ §103-33, 33.5, 34 to 39 REPEALED. L Sp 1993, c 8, §§39 to 46.
Haw. Rev. Stat. § 103F-402 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-402
Competitive purchase of services.
Status: in_force

(a) State agencies to which the legislature has appropriated funds for the purchase of health and human services shall solicit proposals to provide health and human services by purchase of health and human services contracts, by publishing a notice requesting the submission of health and human service proposals; provided that a purchasing agency shall not solicit proposals for any medicaid managed care contract under this section if the anticipated contract sum exceeds $100,000,000 and the commencement date of the contract is after the expiration of the term of office of the head of the purchasing agency. Notice of the request for proposals shall be given a reasonable time before the date set forth in the request for submission of proposals. The policy board shall adopt rules which specify:

(1) The form of the notice;

(2) What constitutes a reasonable interim between notice and the proposal submission deadline; and

(3) How the notice is to be published, including whether the publication is to be completed in a newspaper of general circulation, by mail, through a public or private telecommunications network, or any other method or combination of methods which the board deems appropriate.

(b) The request shall state all criteria which will be used to evaluate proposals, and the relative importance of the proposal evaluation criteria.

(c) Any applicant who has a question regarding a request may submit the question to the head of the purchasing agency, or a designee, prior to the proposal submission deadline. The head of the purchasing agency, or a designee, shall provide a response in the form of a clarification, or an amendment of the request, that shall be made available to all those who picked up a request.

(d) Proposals shall be opened so as to avoid disclosure of contents to competing applicants during the process of proposal evaluation. A register of proposals shall be prepared and available for public inspection after proposal submission.

(e) If stated in the request, discussions, as provided by rule, may be held with applicants for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Applicants shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing applicants. [L 1997, c 190, pt of §2; am L 2010, c 71, §2; am L 2015, c 20, §2]
Haw. Rev. Stat. § 102-16 — HI Code / Division 1 / Title 9 / Chapter 102 / Section 102-16
Penalty.
Status: in_force

Any officer of the State or of any municipal, county, or other political subdivision thereof, or any person acting under or for such officer or any other person who violates any provisions of sections 102-1 to 102-12 shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 104-25 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-25
Suspension.
Status: in_force

(a) The director shall suspend a person and firm as follows:

(1) For a first or second violation, if a person or firm fails to pay wages found due or any penalty assessed, or both, the person and firm shall be immediately suspended from doing any work on any public work of a governmental contracting agency until all wages and penalties are paid in full;

(2) For a third violation, the suspension shall be as prescribed in section 104-24(c); provided that, if the person or firm continues to violate this chapter or fails to pay wages found due or any penalty assessed, or both, then the person and firm shall immediately be suspended from doing any work on any public work of a governmental contracting agency for a mandatory three-year period. If after the three-year suspension period the wages found due or penalties assessed are still unpaid, the suspension shall remain in force until payment is made in full; or

(3) For falsification of records, or for delay or interference with an investigation pursuant to section 104-22, the person and firm shall be immediately suspended for a period of three years.

(b) The director shall immediately notify the governmental contracting agency, comptroller, auditor or director of finance of the county, and, in the case of a suspended subcontractor, general contractor of any suspension order.

(c) No contract shall be awarded to the person and firm so suspended or to any firm, corporation, partnership, or association in which the person or firm has an interest, direct or indirect, until three years have elapsed from the date of suspension, unless the period of suspension is reduced or extended as herein provided. Any contract awarded in violation of this subsection shall be void.

(d) For purposes of this section, "person" shall have the same meaning as in section 104-24. [L 1995, c 181, pt of §2; am L 1999, c 251, §2; am L 2008, c 146, §2; am L 2014, c 130, §7; am L 2023, c 51, §2]
Haw. Rev. Stat. § 103B-2 — HI Code / Division 1 / Title 9 / Chapter 103B / Section 103B-2
Application of chapter.
Status: in_force

(a) This chapter shall apply to all construction procurements under chapter 103D; provided that this chapter shall not apply to procurements for professional services under section 103D-304 and procurements for small purchases under [section] 103D-305.

(b) This chapter shall apply to any subcontract of $50,000 or more in connection with any general contract otherwise covered by this chapter. [L 2010, c 68, pt of §2]
Haw. Rev. Stat. § 103D-325 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-325
Bond forms and copies.
Status: in_force

(a) The policy board shall specify the form of the bonds required by this chapter by procurement directive.

(b) Any person may request and obtain from the State a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §12]
Haw. Rev. Stat. § 103D-209 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-209
Authority to contract for certain services.
Status: in_force

Except as provided in section 28-8.3 with respect to agencies of the State of Hawaii, any governmental body of this State may act as a purchasing agency and contract on its own behalf for professional services subject to this chapter and rules adopted by the policy board. The purchasing agency may consult with the chief procurement officer or the officer's designee when procuring these services. [L Sp 1993, c 8, pt of §2; am L 1994, c 92, §3 and c 188, §§2, 7; am L 1995, c 178, §§6, 16; am L 1998, c 11, §6]
Haw. Rev. Stat. § 103D-215 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-215
State procurement automation system special fund; transaction fee.
Status: in_force

(a) There is established in the state treasury the state procurement automation system special fund to be administered by the state procurement office and into which shall be deposited:

(1) Vendor-collected transaction fees, pursuant to section 103D-206(7), for administration, management, operation, maintenance, and upgrade of the procurement automation system; and

(2) Appropriations made by the legislature to the special fund.

(b) The state procurement automation special fund shall be expended by the administrator of the state procurement office for the purposes of the administration, management, operation, maintenance, and upgrade of the procurement automation system. [L 2025, c 206, §2]
Haw. Rev. Stat. § 101-3.5 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-3.5
Priority for lessees dislocated by condemnation proceedings.
Status: in_force

Notwithstanding any law to the contrary, any lessee engaged in commercial or industrial uses who has been or will be displaced from private property which is acquired by the State or any county for public use by the power of eminent domain or threat thereof shall have the right of first refusal to enter into a lease in an industrial park created under chapter 171, or on other state land, which has been designated as an appropriate relocation site for the displaced lessee by law or by resolution adopted by the board of land and natural resources and approved by the legislature by concurrent resolution.
Haw. Rev. Stat. § 104-3 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-3
Payrolls and payroll records.
Status: in_force

(a) Every contract subject to this chapter and the specifications for those contracts shall contain a provision that a certified copy of all payrolls and a certified copy of a fringe benefit reporting form supplied by the department or any certified form that contains all of the required fringe benefit information shall be submitted weekly to the governmental contracting agency for review. The fringe benefit reporting form shall itemize the cost of fringe benefits paid by the general contractor or subcontractor for:

(1) Health and welfare benefits;

(2) Pension and annuity benefits;

(3) Vacation benefits;

(4) Continuing education and training benefits; and

(5) Other fringe benefit costs paid by the general contractor or subcontractor.

The general contractor shall be responsible for the submission of certified copies of the payrolls of all subcontractors. The certification shall affirm that the payrolls are correct and complete, that the wage rates contained therein are not less than the applicable rates contained in the wage determination decision of the director of labor and industrial relations attached to the contract, and that the classifications set forth for each laborer or mechanic conform with the work the laborer or mechanic performed. Any certification discrepancy found by the contracting agency shall be reported to the general contractor and the director to effect compliance.

(b) Payroll records for all laborers and mechanics working at the site of the work shall be maintained by the general contractor and the general contractor's subcontractors, if any, during the course of the work and preserved for a period of three years thereafter. The records shall contain the name of each employee, the employee's correct classification, rate of pay, the itemized fringe benefit reporting form pursuant to subsection (a), daily and weekly number of hours worked, deductions made, and actual wages paid.

(c) The contractor shall make payroll records available for examination within ten days from the date of a written request by a governmental contracting agency, director, or any authorized representatives thereof. Any contractor who:

(1) Fails to make payroll records accessible within ten days;

(2) Fails to provide information requested for the proper enforcement of this chapter within ten days; or

(3) Fails to keep or falsifies any record required under this chapter,

shall be assessed a penalty as provided in section 104-22(b). [L 1959, c 167, §1; am L Sp 1959 2d, c 1, §27; Supp, §9A-2.5; HRS §104-3; gen ch 1985; am L 1998, c 280, §1; am L Sp 2009, c 10, §1]
Haw. Rev. Stat. § 107-6 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-6
Standards prescribed by department.
Status: in_force

All matters pertaining to land surveying, mapping, studying land titles and boundaries, preparing metes and bounds descriptions, setting centerline highway monuments, and other work related thereto performed by the department of transportation shall be performed in conformance with the professional standards to be prescribed by the department of accounting and general services and the cost in connection therewith shall be borne by the department of transportation.
Haw. Rev. Stat. § 103D-213 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-213
Procurement advisory groups.
Status: in_force

(a) The chief procurement officer may appoint advisory groups to assist in the development of specifications or procurement in specific areas, and any other matters within the authority of the chief procurement officer.

(b) Members of procurement advisory groups may be reimbursed for expenses incurred in the performance of their duties, subject to such expenditure limitations prescribed by the policy board and applicable law. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
Haw. Rev. Stat. § 113-1 — HI Code / Division 1 / Title 9 / Chapter 113 / Section 113-1
Application.
Status: in_force

This chapter shall be applicable to the acquisition of real property under the laws of the State for use in any project or program in which federal or federal-aid funds are used.
Haw. Rev. Stat. § 107-9 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-9
Appraisers of property, number.
Status: in_force

Whenever the laws of the State require the appraisal of property prior to sale or purchase, the number of appraisers shall be one or more but not more than three disinterested persons, the number to be determined in the discretion of the government agency or officer required to have the appraisal made.
Haw. Rev. Stat. § 103-55.5 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-55.5
Wages and hours of employees on public works construction contracts.
Status: in_force

(a) Before any bidder or offeror enters into a contract for construction of a public work project in excess of $2,000, which is subject to chapter 104, the bidder or offeror shall affirm the bidder's or offeror's intent to comply with the requirements of chapter 104 by certifying that:

(1) Individuals engaged in the performance of the contract on the job site shall be paid:

(A) Not less than the wages that the director of labor and industrial relations shall have determined to be prevailing for corresponding classes of laborers and mechanics employed on public works projects; and

(B) Overtime compensation at one and one-half times the basic hourly rate plus fringe benefits for hours worked on Saturday, Sunday, or a legal holiday of the State or in excess of eight hours on any other day; and

(2) All applicable laws of the federal and state governments relating to workers' compensation, unemployment compensation, payment of wages, and safety shall be fully complied with.

(b) No contract for construction of any public work project in excess of $2,000 shall be granted unless all the conditions of this section are met.

(c) It shall be the duty of the governmental contracting agency awarding the contract for construction of a public work project in excess of $2,000 to enforce this section. [L 2002, c 215, §2]
Haw. Rev. Stat. § 103D-705 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-705
Solicitations or awards in violation of law.
Status: in_force

The provisions of section 103D-706 and section 103D‑707 apply where it is determined by the chief procurement officer or a designee under section 103D-701 or 103D-703 or where it is determined administratively under section 103D-709, or upon judicial review under section 103D-710 or judicial action under section 103D-711, that a solicitation or award of a contract is in violation of the law. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §4]
Haw. Rev. Stat. § 101-10 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-10
Circuit courts have jurisdiction.
Status: in_force

The circuit courts shall try and determine all actions arising under this part, subject only to an appeal in accordance with law. The court, on its own motion or on motion of any party, may try and determine any issue in the case in advance of other issues.
Haw. Rev. Stat. § 103D-410 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-410
Energy efficiency through life-cycle costing.
Status: in_force

(a) The procurement practices of the State shall include energy efficient standards and policies, including life-cycle costing.

(b) In implementing life-cycle costing, the purchasing agency shall be guided by energy efficiency standards and policies for purchasing various items developed and promulgated by the United States Department of Energy and other federal agencies, and nationally recognized trade associations, including but not limited to the National Association of State Purchasing Officials, the National Institute of Governmental Purchasing, Inc., the National Association of Purchasing Management, and the Air Conditioning and Refrigeration Institute. The purchasing agency shall notify bidders of information, procedures, and forms required in implementing energy efficiency standards and policies. The information required shall include purchasing standards and policies developed by federal agencies and by nationally recognized agencies and associations, as well as energy consumption and life-cycle cost data.

(c) The purchasing agency shall consider purchasing via the life-cycle costing method those classes of items for which nationally recognized energy efficiency data have been developed. These items shall include but not be limited to automobiles and air conditioning systems. The watt-saving variety of common-sized fluorescent lamps shall be purchased except where standard wattage of those lamps is specifically required by the using agency. [L 1999, c 149, pt of §2]
Haw. Rev. Stat. § 103D-809 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-809
Review of procurement requirements.
Status: in_force

The chief procurement officer may collect information concerning the type, cost, quality, and quantity of commonly used goods, services, or construction being procured or used by state public procurement units. The chief procurement officer may also collect this information from local public procurement units. The chief procurement officer may make available all such information to any public procurement unit upon request. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §16]
Haw. Rev. Stat. § 103D-805 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-805
Joint use of facilities.
Status: in_force

Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement unit under the terms agreed upon between the parties. [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §10]
Haw. Rev. Stat. § 109-3.5 — HI Code / Division 1 / Title 9 / Chapter 109 / Section 109-3.5
[ §109-3.
Status: in_force

[ §109-3.5] Stadium development special fund; established. (a) There is established in the state treasury the stadium development special fund, into which funds collected by the stadium authority shall be deposited, including:

(1) All revenues from the stadium development district, including but not limited to agreements or actions generating revenue related to stadium operations, lease or rental of facilities or land, concessions, food and beverage, parking, sponsorship and advertising, utilities and infrastructure, and development;

(2) All gifts or grants awarded in any form from any public agency or any other source for purposes of the stadium development district;

(3) All proceeds from revenue bonds issued for the purpose of the stadium development district; and

(4) Appropriations made by the legislature to the fund.

(b) Moneys in the stadium development special fund shall be used by the stadium authority for the payment of expenses arising from any and all use, operation, repair, maintenance, alteration, improvement, development, or any unforeseen or unplanned repairs of the stadium development district, including without limitation:

(1) The development, operation, and maintenance of a new stadium;

(2) Food and beverage service and parking service provided at the stadium facility; the sale of souvenirs, logo items, or other items; any future major repair, maintenance, and improvement of the stadium facility as a commercial enterprise or as a world-class facility for athletic events, entertainment, or public events; and marketing the facility pursuant to section 109-2(4) and (8); and

(3) Contractual payments to developers or contractors engaged by the stadium authority for the purpose of redeveloping the site and related on- and off-site infrastructure that benefits the stadium district and its development guidance policies. [L 2021, c 146, §6]
Haw. Rev. Stat. § 103-10 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-10
Payment for goods and services.
Status: in_force

(a) Any person who renders a proper statement for goods delivered or services performed, pursuant to contract, to any agency of the State or any county, shall be paid no later than thirty calendar days following receipt of the statement or satisfactory delivery of the goods or performance of the services. In the event circumstances prevent the paying agency from complying with this section, the person shall be entitled to interest from the paying agency on the principal amount remaining unpaid at a rate equal to the prime rate for each calendar quarter plus two per cent, commencing on the thirtieth day following receipt of the statement or satisfactory delivery of the goods or performance of the services, whichever is later, and ending on the date of the check. As used in this subsection, "prime rate" means the prime rate as posted in the Wall Street Journal on the first business day of the month preceding the calendar quarter.

(b) This section shall not apply in those cases where delay in payment is due to:

(1) A bona fide dispute between the State or any county and the contractor concerning the services or goods contracted for;

(2) A labor dispute;

(3) A power or mechanical failure;

(4) Fire;

(5) Acts of God; or

(6) Any similar circumstances beyond the control of the State or any county.

Where the time of payment is contingent upon the receipt of federal funds, or federal approval, the solicitation of bids for contracts shall clearly state that payment is contingent upon those conditions. If the solicitation for bids contains the warning and a contract is awarded in response to the solicitation then interest shall not begin to accrue upon any unpaid voucher until the thirtieth day following receipt by the State or county of the contractor's statement or the thirtieth day following receipt of the federal funds or approval, whichever occurs later, and shall end as of the date of the check.

(c) All goods or services purchased by a state agency which are less than $25, except those purchased through the use of a state procurement card, shall be paid from the petty cash funds of the agency; provided that the comptroller may establish a higher threshold for petty cash payments and may grant exceptions to this requirement.

(d) Any other law to the contrary notwithstanding, the payments for goods and services obtained through use of any state or county procurement card shall be made under the terms and conditions specified in the contract under which the procurement card was established. [L 1967, c 292, §2; HRS §103-10; am L 1977, c 95, §1; am L 1984, c 235, §1; am L 1985, c 281, §1; am L 1988, c 389, §1; am L 1990, c 87, §1; am L 1996, c 213, §1; am L 2003, c 51, §2; am L 2004, c 203, §1]
Haw. Rev. Stat. § 103D-103 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-103
Retention of written determinations.
Status: in_force

Written determinations required by this chapter shall be retained in the appropriate official files of the chief procurement officer or in the case of delegated authority, in the files of that purchasing agency. [L Sp 1993, c 8, pt of §2]
Haw. Rev. Stat. § 103D-329 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-329
Past performance database.
Status: in_force

(a) No later than December 31, 2023, the state procurement office shall implement and administer a past performance database with regard to state contractors.

(b) The state procurement office shall adopt rules no later than December 31, 2023, pursuant to chapter 91 to establish:

(1) Information required to be included in the past performance database; provided that the information shall include:

(A) The name of the state contractor;

(B) The date of the project;

(C) The size of the project;

(D) A brief description of the project;

(E) The responsible managing employees for the project;

(F) Whether or not the project was timely completed;

(G) The project's authorized budget; and

(H) The positive or negative difference between the final cost of the project and the project's authorized budget, including the reasons for the difference, if any;

(2) Procedures to inform a contractor of the information contained in the past performance database about that contractor; and

(3) Procedures for a contractor to correct or respond to the information contained in the past performance database about that contractor. [L 2021, c 188, §2]
Haw. Rev. Stat. § 107-11 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-11
Parking; control by comptroller.
Status: in_force

(a) The comptroller may assess and collect reasonable fees for parking for all government officials and employees, install parking meters, and restrict and otherwise control parking on all state lands within the comptroller's jurisdiction.

(b) The comptroller may make such rules as may be found necessary to carry out the objects and provisions of this section relating to the control and restriction of parking on all lands of the State which are within the comptroller's jurisdiction. The rules shall be adopted as provided in chapter 91.

(c) Any person who violates any of the rules adopted by the comptroller shall be fined not more than $50 for each violation; provided that a person violating any provision of part III of chapter 291, or any rule adopted thereunder, shall be guilty of a traffic infraction under chapter 291D and shall be fined or otherwise penalized in accordance with part III of chapter 291.

(d) The comptroller is authorized to confer the powers of police officers, including the power to serve and execute warrants, arrest offenders, and serve notices and orders, to employees of the department of accounting and general services who are engaged as special officers to enforce this section.

(e) There is hereby created a fund to be known as the "state parking revolving fund" which shall be used to carry out the purposes of this section. Such amounts shall be expended by the comptroller from the fund, as may be necessary, to defray the cost of paving parking areas, the purchase and installation of parking meters and the operation thereof, and of other parking facilities on state land within the comptroller's jurisdiction. The state parking revolving fund shall be used to conform with the special fund depository requirements under section 39-62 for all revenues and user taxes received as the result of the issuance of any state parking facility undertaking or loan program revenue bonds.

(f) All fees, charges, and other moneys collected pursuant to this section, and all revenues and user taxes received pursuant to section 39-62 as the result of the issuance of any state parking facility undertaking or loan program revenue bonds shall be deposited in the state parking revolving fund.

(g) All moneys in excess of $500,000 remaining on balance in the state parking revolving fund on June 30 of each fiscal year shall lapse to the credit of the state general fund. On July 1 of each year, the director of finance is authorized to transfer any excess funds in the state parking revolving fund to the state general fund. [L 1963, c 161, §1; Supp, §110-8; HRS §107-11; am L 1969, c 118, §1; am L 1976, c 223, §1; gen ch 1985; am L 1993, c 280, §5; am L 1995, c 29, §1; am L 1997, c 308, §3; am L 2004, c 43, §20 and c 52, §20]
Haw. Rev. Stat. § 103D-1204 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1204
Others' responsibilities.
Status: in_force

The head of the department, or the head of any board, commission, agency, bureau, or office of the State shall be responsible for the accountability, protection, maintenance, and proper use of all state property pertaining to their office or department, whether they issue receipts for the same or not, and shall not transfer their responsibility to a successor during short periods or absence unless with the written consent of the governor. Shortages occurring during the administration of one person shall not be the responsibility of the person's successor. The new officer shall be responsible only for the property the office actually receives or for which the officer issues a receipt.
Haw. Rev. Stat. § 103D-1205 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1205
Internal control.
Status: in_force

The head of the department, or the head of any board, commission, agency, bureau, or office of the State and any county having the care, custody, or control of any state property is responsible for maintaining an adequate system of internal control to ensure the accountability, safekeeping, maintenance, and proper use of state property and verify that the internal control system continues to function effectively as designed.
Haw. Rev. Stat. § 103F-405 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-405
Small purchases.
Status: in_force

Purchases of health and human services for an amount less than the threshold established in section 103D-305(a) for goods and services are small purchases, and shall be made in accordance with rules adopted by the policy board.
Haw. Rev. Stat. § 107D-2 — HI Code / Division 1 / Title 9 / Chapter 107D / Section 107D-2
State facility renovation partnership program; established.
Status: in_force

(a) There is established the state facility renovation partnership program to be administered by the department. The program shall include all transactions, including land, improvements, or both.

(b) The department shall conduct a comprehensive review of all state office facilities and shall compile a list of priority facilities situated on state-owned land that it deems best suited for the state facility renovation partnership program.

(c) The department may enter into a development agreement with any private investor for the sale of a priority facility identified in subsection (b) to the private investor; provided that the development agreement contains the following requirements:

(1) The State shall sell the facility to the private investor, who shall:

(A) Renovate, improve, or construct for the State a facility, pursuant to a ground lease, and may maintain the facility; and

(B) Lease the facility to the State, pursuant to a building lease;

(2) The land upon which the facility rests shall not be sold to the private investor; provided that the land may be leased at a nominal rate to the private investor for a term that would, at a minimum, allow the private investor to recover the capital investment that has been made to the facility, including depreciation; and

(3) The State shall have the option of purchasing the facility from the private investor for the remaining balance of the debt service costs incurred by the private investor at any time; provided that the ground lease shall terminate concurrently.

(d) There is established the state facility renovation partnership special fund in the state treasury to be administered by the department and into which all funds derived from the state facility renovation partnership program shall be deposited. Funds in the special fund shall be used solely for the purposes of the state facility renovation partnership program.

(e) The department shall establish rules pursuant to chapter 91 to implement the purposes of this chapter.

(f) In the event of any conflicts between the provisions of this chapter and chapter 171, this chapter shall control; otherwise, the provisions of chapter 171 shall apply. [L 2011, c 231, pt of §2]
Haw. Rev. Stat. § 107-22 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-22
State building code council.
Status: in_force

(a) There is established a state building code council. The council shall be placed within the department of accounting and general services for administrative purposes only. The council shall consist of twelve voting members and one nonvoting member, who shall be the comptroller or the comptroller's designee. The council members shall serve four-year terms. The voting members shall include:

(1) One county building official from each of the four counties appointed by the mayor;

(2) One member representing the state fire council;

(3) One member representing the department of labor and industrial relations, who has significant experience in elevator safety;

(4) One member representing the Hawaii state energy office of the department of business, economic development, and tourism;

(5) One member representing the Hawaii emergency management agency, appointed by the director of Hawaii emergency management;

(6) One member representing the Structural Engineers Association of Hawaii;

(7) One member representing the American Institute of Architects, Hawaii State Council;

(8) One member representing the Building Industry Association of Hawaii or the General Contractors Association of Hawaii, who has significant experience with building codes, with alternating four-year terms between the two organizations and the first four-year term to be served by the Building Industry Association of Hawaii; and

(9) One member representing the Subcontractors' Association of Hawaii, who has significant experience with building codes.

(b) Seven voting members shall constitute a quorum. The chairperson of the council shall be elected annually from among its members by a majority vote of the members of the council.

(c) Members shall serve without compensation, but shall be reimbursed for expenses, including travel expenses necessary for the performance of their duties. [L 2007, c 82, pt of §2; am L 2014, c 164, §3; am L 2023, c 184, §1]
Haw. Rev. Stat. § 103-40 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-40
Federal-aid highway contracts.
Status: in_force

Anything in section 103D-309 to the contrary notwithstanding, any federal-aid highway contract shall be binding and of force if the director of finance certifies that the director anticipates the accrual of an amount in the highway fund sufficient to pay the State's share of the contract before the performance contracted for is completed.
Haw. Rev. Stat. § 103F-403 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-403
Restrictive purchase of services.
Status: in_force

(a) A contract for the purchase of health and human services may be awarded without competition when the head of a purchasing agency determines in writing that there is a basis for restricting the purchase to a purchase from one provider, and the chief procurement officer approves the restrictive purchase determination in writing. Bases for restrictive purchase of services shall include, but are not limited to:

(1) Need for a service in a geographic area available from only one provider;

(2) Need for a service with a unique cultural approach designed for a limited target group available from only one provider; and

(3) When only one provider satisfies limitations imposed by the source of funds for the procurement.

(b) A purchasing agency shall submit the written determination with evidence supporting the request for a restrictive purchase of services to the chief procurement officer. The determination shall be reviewed by the chief procurement officer and, if approved, a notice of intent to issue a restrictive purchase of services contract shall be posted in a manner that makes it accessible to the public.

(c) The policy board shall adopt rules to allow a reasonable opportunity for objections to be filed, including:

(1) The manner in which notice is to be posted;

(2) The duration of notice posting; and

(3) The contents of the notice including, but not limited to, the name of the provider to be issued the contract, the date on which the contract is to be awarded, a statement indicating that any person may file written objections to the issuance of the contract, the address of the person or agency with whom the objections are to be filed, and the date by which the objections are to be filed.

(d) The written determination, any objections, and a written summary of the disposition of any objection shall be included in the contract database. [L 1997, c 190, pt of §2]
Haw. Rev. Stat. § 101-12 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-12
Evidence.
Status: in_force

In addition to rules of evidence otherwise provided by law, in all proceedings brought under this part the valuation claimed by the taxpayer shall be taken into account. The valuation claimed by the taxpayer in any appeal regarding the assessment of real property tax shall be admissible in evidence as an admission of the fair market value of the real property as of the date of assessment irrespective of the fact that the assessed value from which the taxpayer appealed is adjusted to one hundred per cent fair market value; provided that the evidence shall not in any way affect the right of the taxpayer to severance damages, if any, to which the taxpayer may be entitled, and provided further that, if the taxpayer appealing the assessed value of the real property is a person under a contractual obligation to pay the tax assessed against the fee owner, whether such appeal is deemed consented to by the fee owner, the valuation claimed by such person shall not be admissible in evidence in any eminent domain proceeding against the fee owner.
Haw. Rev. Stat. § 103-56 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-56
§§103-56 to 60 REPEALED.
Status: repealed

§§103-56 to 60 REPEALED. L 1999, c 149, §§34 to 38.
Haw. Rev. Stat. § 111-5 — HI Code / Division 1 / Title 9 / Chapter 111 / Section 111-5
Not treated as income.
Status: in_force

No payment received under this chapter shall be considered as income for purposes of the state income tax law; nor shall such payments be considered as income to any recipient of public assistance and such payment shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under state welfare program.
Haw. Rev. Stat. § 103D-307 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-307
Emergency procurements.
Status: in_force

(a) The head of a purchasing agency may obtain a good, service, or construction essential to meet an emergency by means other than specified in this chapter when the following conditions exist:

(1) A situation of an unusual or compelling urgency creates a threat to life, public health, welfare, or safety by reason of major natural disaster, epidemic, riot, fire, or such other reason as may be determined by the head of that purchasing agency;

(2) The emergency condition generates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods and the government would be seriously injured if the purchasing agency is not permitted to employ the means it proposes to use to obtain the goods, services, or construction; and

(3) Without the needed good, service, or construction, the continued functioning of government, the preservation or protection of irreplaceable property, or the health and safety of any person will be seriously threatened.

(b) The emergency procurement shall be made with such competition as is practicable under the circumstances and, where practicable, approval from the chief procurement officer shall be obtained prior to the procurement. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. [L Sp 1993, c 8, pt of §2]
Haw. Rev. Stat. § 103D-1102 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1102
State agency for surplus property.
Status: in_force

The state procurement office shall be the state agency for federal and state surplus personal property unless otherwise specified in this chapter or rules adopted pursuant to chapter 91.

The administrator of the state procurement office shall appoint and prescribe the duties of a surplus property director and other personnel pursuant to chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule and this chapter. [L 1994, c 186, pt of §1; am L 2002, c 148, §9]
Haw. Rev. Stat. § 103D-1006 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1006
Software development businesses.
Status: in_force

(a) In any expenditure of public funds for software development, the use of Hawaii software development businesses shall be preferred. Where a package bid or response to a request for proposal contains both Hawaii and non-Hawaii software development businesses, then for the purpose of selecting the lowest bid or purchase price only, the bid or offer by a non-Hawaii software development business shall be increased by a preference percentage pursuant to rules adopted by the policy board.

(b) This section shall not apply when precluded by federal requirements for competitive bidding. [L 1994, c 186, pt of §1; am L 1997, c 352, §18]
Haw. Rev. Stat. § 107-1.5 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-1.5
Public works project assessment fund.
Status: in_force

(a) There shall be established in the department of accounting and general services a revolving fund to be known as the public works project assessment fund for the purposes of defraying costs involved in carrying out construction projects managed by the department; managing funds representing accumulated vacation and sick leave credits and retirement benefits for non-general funded employees in the construction program in accordance with section 78-23; equitably collecting and distributing the costs of other current expenses associated with capital improvement, repairs and maintenance, and repairs and alterations projects; and managing the payments of employee transportation requirements such as car mileage reimbursements in accordance with applicable law and collective bargaining agreements.

(b) The comptroller shall make reasonable assessments on construction projects managed by the department of accounting and general services to carry out the program of centralized engineering services. The assessments shall be based on a logarithmic curve developed by the department for such services. All assessments collected shall be deposited into the public works project assessment fund.

(c) All expenditures from the public works project assessment fund shall be made by the comptroller in accordance with applicable law and rules. [L 1996, c 113, §1; am L 2002, c 148, §11]
Haw. Rev. Stat. § 101-35 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-35
Tax official as party; certificates, etc.
Status: in_force

Whenever an eminent domain proceeding is brought by the State or any county for the purpose of acquiring the fee simple estate in real property neither the director of taxation, county finance director, or any other tax official shall be joined as party respondent merely on account of any lien for state taxes set forth in title 14 or for county real property taxes. The appropriate director or tax official, as the case may be, may intervene in the proceeding as provided by section 101-21. Upon filing the complaint the plaintiff shall furnish a copy thereof to the appropriate director or tax official and shall also furnish the appropriate director or tax official a copy of any amended complaint.
Haw. Rev. Stat. § 109-4 — HI Code / Division 1 / Title 9 / Chapter 109 / Section 109-4
Employee benefits.
Status: in_force

All full-time employees of the authority shall be entitled to any benefit program generally applicable to the officers and employees of the State.
Haw. Rev. Stat. § 103D-703.5 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-703.5
Settlement of default by contractor.
Status: in_force

Upon default of a contractor, the purchasing agency may accept moneys in satisfaction of the contractor's obligation on a contract whether the moneys are realized from the performance surety's obligation on its bond, an insurer's obligation on the contractor's policy, or any other source of moneys paid to satisfy a contractor's default. Such moneys shall be deemed to be trust moneys and shall be deposited into a trust account with and under the control of the purchasing agency. These moneys and the interest earned thereon shall be used for the completion of such contract. Upon completion of the contract, any excess moneys shall be deposited in the general fund unless otherwise restricted.
Haw. Rev. Stat. § 115-7 — HI Code / Division 1 / Title 9 / Chapter 115 / Section 115-7
State and county co-sponsorship of programs.
Status: in_force

The department of land and natural resources shall enter into agreements with the council of any county providing for the acquisition of public rights-of-way and public transit corridors pursuant to this chapter; provided that the county shall match the funds which have been appropriated by the legislature. The development and maintenance of the rights-of-way and public transit corridors shall be the responsibility of the county.
Haw. Rev. Stat. § 103D-328 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-328
Tax clearances; setoff for due and unpaid taxes.
Status: in_force

(a) Unless the director of taxation determines that waiver of the Internal Revenue Service tax clearance requirement is necessary to expedite or facilitate the procurement process and is in the best interest of the State, and waives the Internal Revenue Service tax clearance requirement, no contract shall be binding or effective until the contractor secures and the purchasing agency receives a tax clearance from the director of taxation and the Internal Revenue Service to the effect that all tax returns due have been filed, and all taxes, interest, and penalties levied or accrued, under title 14 that are administered by the department of taxation and under the Internal Revenue Code, against the contractor have been paid.

(b) During the term of a contract, if a lien is imposed against the contractor for a tax debt under section 231-33 or the contractor fails to timely file all tax returns and pay all taxes, interest, and penalties due to the Internal Revenue Service, the comptroller or respective county director of finance, upon request of the director of taxation, shall set off the amount of the tax debt against any payment due to the contractor until the tax debt is paid in full.

(c) All state and county procurement officers or agents shall withhold final payment of a contract until the receipt of tax clearances from the director of taxation and the Internal Revenue Service. Notwithstanding sections 40-57 and 40-58, if a contractor fails to provide the requisite tax clearances within six months of the completion of the contract, the state or county procurement officer or agent shall first notify the department of taxation which in turn will notify the Internal Revenue Service, of amounts payable to the contractor on completed contracts. The department of taxation and the Internal Revenue Service, within thirty days, shall request the procurement officer or agent to set off the amount of taxes due against any payment due to the contractor until the tax debt is paid in full to the State or the Internal Revenue Service, or both. No final bill or invoice from the contractor shall be required as a condition to the setoff. Any remaining contract balance shall revert to the appropriation under which it was encumbered.

(d) This section shall not apply to any contract of less than $25,000 or any contract entered into pursuant to section 103D-305 or 103D-307.

(e) This section shall not apply to a contractor who the director of taxation certifies is:

(1) Contesting the validity of a tax debt, or that any tax, penalty, or interest is due and owing the Internal Revenue Service in an administrative or judicial appeal; or

(2) In good standing, having entered into a plan or plans in which the tax debt, or any tax, penalty, or interest due and owing the Internal Revenue Service is being paid to the department of taxation or the Internal Revenue Service. [L 1997, c 352, §1]
Haw. Rev. Stat. § 105-5 — HI Code / Division 1 / Title 9 / Chapter 105 / Section 105-5
Penalties; dismissal.
Status: in_force

Every person who violates section 105-1 shall be fined not more than $50 or imprisoned not more than ten days, or both.

Any person, then being an appointed officer or an employee of the State or of any county, who is found guilty more than twice by a court of competent jurisdiction of violating section 105-1 may be dismissed or discharged from the person's office or employment, any provision of chapter 76, or of any other law, to the contrary notwithstanding. [L 1949, c 389, pt of §1(d); RL 1955, §7-14; HRS §105-5; gen ch 1985]
Haw. Rev. Stat. § 103D-327 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-327
Safety and health programs for construction.
Status: in_force

Contracts awarded for construction in excess of $100,000 shall comply with section 396-18.
Haw. Rev. Stat. § 103D-1103 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1103
Authority and duties.
Status: in_force

The state procurement office may:

(1) Acquire from the United States under and in conformance with section 203(j) of the Federal Property and Administration Services Act of 1949, as amended, hereinafter referred to as the "Federal Act", any personal property under the control of any executive agency of the United States which has been determined to be surplus property under the Federal Act, warehouse the property, and distribute the property within the State to eligible recipients, as set forth in the Federal Act;

(2) Receive applications from eligible health and educational institutions for the acquisition of federal and state surplus personal property, investigate, review, make recommendations and otherwise assist, supervise, and direct the processing of these applications for acquisition of federal personal property of the United States under section 203(k) of the Federal Act and state personal property under rules adopted by the policy board;

(3) Appoint advisory boards or committees;

(4) Take any action including making certifications, expenditures, contracts, agreements, and other undertakings, necessary in connection with the disposal of personal property hereunder;

(5) Act as a clearinghouse of information for the eligible recipients referred to in paragraph (1) and other public and private nonprofit institutions, organizations, and agencies eligible to acquire federal or state surplus personal property; locate personal property available for acquisition from the United States or state agencies; ascertain the terms and conditions under which the property may be obtained; receive requests from eligible recipients, institutions, organizations, agencies, and counties and transmit to them all available information in reference to the property; and assist eligible recipients, institutions, organizations, agencies, and counties in every way possible in the consummation of acquisitions or transactions hereunder;

(6) Cooperate to the fullest extent, consistent with the provisions of the Federal Act, with the departments or agencies of the United States; file a state plan of operation, operate in accordance therewith, and take any action that may be necessary to meet the minimum standards prescribed in the Federal Act; make any reports that the United States may from time to time require; and comply with the laws and regulations of the United States governing the allocation, transfer, use, or accounting for property donated or to be donated to the State;

(7) Purchase from any other state the services of the agency responsible for the distribution of surplus property and sell to any other state the services of the state procurement office to ensure and promote the effective administration of this chapter and of the surplus property program. The purchase or sale of services shall be made on a fee-for-service or other equitable and reasonable basis; provided that the fee or other basis of payment for services purchased or sold shall be computed to include the costs of salaries, travel, supplies, and equipment and any other item properly related to the cost of the service; and

(8) Make certifications, take action, make expenditures, and enter into contracts and undertakings for and in the name of the State (including cooperative agreements with any federal agencies providing for utilization by and exchange between them of the property, facilities, personnel, and services of each by the other), require reports and make investigations that the agency may deem necessary or proper for the administration of this part, or that may be required by law or regulation of the United States in connection with the disposal of real property and the receipt, warehousing, and distribution of personal property received by the agency from the United States. [L 1994, c 186, pt of §1; am L 1997, c 352, §23]