reglab/housing_qa huggingface dataset:
HI Rev Stat § 103D-201 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-201 Creation and membership of the procurement policy board.

  §103D-201 Creation and membership of the procurement policy board. (a) There is hereby created an autonomous state procurement policy board. The policy board shall be assigned, for administrative purposes only, to the department of accounting and general services.  (b) The policy board shall consist of seven members. Notwithstanding the limitations of section 78-4, the members of the board shall include:  (1) The comptroller;  (2) A county employee with significant high-level procurement experience; and  (3) Five persons who shall not otherwise be full-time employees of the State or any county; provided that at least one member shall be a certified professional in the field of procurement, at least one member shall have significant high-level, federal procurement experience, and at least two members shall have significant experience in the field of health and human services. Each appointed member shall have demonstrated sufficient business or professional experience to discharge the functions of the policy board. The initial and subsequent members of the policy board, other than the comptroller, shall be appointed by the governor from a list of three individuals for each vacant position, submitted by a nominating committee composed of four individuals chosen as follows: two persons appointed by the governor; one person appointed by the president of the senate; and one person appointed by the speaker of the house. Except as provided in this section, the selection and terms of the policy board members shall be subject to the requirements of section 26-34. No member of the policy board shall act concurrently as a chief procurement officer. The members of the policy board shall devote such time to their duties as may be necessary for the proper discharge thereof.  (c) The policy board shall be assisted by employees of the department of accounting and general services, which shall provide at least one full-time support staff and funding necessary to support the policy board.  (d) Members of the policy board shall be reimbursed for any expenses, including travel expenses, reasonably incurred in the performance of their duties.  (e) The chairperson of the policy board shall be elected annually by a majority of its members from among all of its members; provided that the state comptroller shall not be eligible to serve as the chairperson. [L Sp 1993, c 8, pt of §2; am L 1997, c 190, §4 and c 352, §4; am L 1999, c 149, §13; am L 2002, c 148, §7]
HI Rev Stat § 103D-202 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-202 Authority and duties of the policy board.

 §103D-202 Authority and duties of the policy board. Except as otherwise provided in this chapter, the policy board shall have the authority and responsibility to adopt rules, consistent with this chapter, governing the procurement, management, control, and disposal of any and all goods, services, and construction. All rules shall be adopted in accordance with chapter 91; provided that the policy board shall have the power to issue interim rules by procurement directives, which shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91. The interim rules shall be effective for not more than eighteen months. The policy board shall consider and decide matters of policy within the scope of this chapter including those referred to it by a chief procurement officer. The policy board shall have the power to audit and monitor the 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, claim, or litigation pertaining thereto. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §4; am L 1997, c 352, §23] Case Notes  Section 3-122-66 (repealed), Hawaii administrative rules, was invalid because it exceeded the scope of the state procurement policy board's authority to promulgate rules pursuant to this section; the circuit court did not err in refusing to declare that the rule "has never been valid and has always been ultra vires and void ab initio". 132 H. 333, 322 P.3d 228 (2014).
HI Rev Stat § 103D-204 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-204 Establishment of the state procurement office; administrator.

  §103D-204 Establishment of the state procurement office; administrator. (a) There shall be a state procurement office, placed for administrative purposes only, within the department of accounting and general services, which shall be headed by the administrator of the state procurement office. The administrator shall be the chief procurement officer for those governmental bodies of the executive branch as provided in section [103D-203(a)(8)]. The administrator shall be a full-time public official. The administrator shall serve a term of four years, and shall be paid a salary not to exceed eighty-seven per cent of the salary of the director of human resources development, without diminution during the administrator's term of office unless by general law applying to all deputies or assistants to department heads.  (b) The administrator shall be appointed by the governor from a list of no less than three and no more than five names submitted by the policy board. The appointment of the administrator shall require the advice and consent of the senate. The administrator may only be removed from office by the governor, provided the governor shall give prior notification of such removal to the chairperson of the policy board, the president of the senate, and the speaker of the house of representatives.  (c) The administrator shall have:  (1) A minimum of five years experience in public procurement within twelve years preceding the date of appointment; and  (2) Demonstrated executive and organizational ability.  (d) The administrator shall operate independently of the comptroller. The administrator may appoint and dismiss a private secretary without regard to chapters 76 and 89, who shall serve at the administrator's pleasure. The comptroller shall provide support to permit the administrator to satisfy all of the administrator's responsibilities as the chief procurement officer for those governmental bodies of the executive branch of the State for which a chief procurement officer is not otherwise designated. [L Sp 1993, c 8, pt of §2; am L 1995, c 178, §5 and c 211, §7; am L 1997, c 352, §6; am L 2002, c 148, §8; am L 2005, c 226, §4] Case Notes  Chief procurement officer authorized under §103D-203 (pre-1997) and this section to make substantial interest determination under §103D-701(f) for public library system was superintendent of education and not administrator of state procurement office. 85 H. 431, 946 P.2d 1.
HI Rev Stat § 103D-205 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-205 Authority and duties of the chief procurement officer.

 §103D-205 Authority and duties of the chief procurement officer. (a) For their respective jurisdictions and unless otherwise specifically provided in this chapter, each chief procurement officer shall serve as the central procurement officer for the officer's respective jurisdiction and:  (1) Procure or supervise the procurement of all goods, services, and construction;  (2) Exercise general supervision and control over all inventories of goods;  (3) Sell, trade, or otherwise dispose of surplus goods;  (4) Establish and maintain programs for the inspection, testing, and acceptance of goods, services, and construction;  (5) Coordinate with the administrator regarding procurement policies, opportunities for statewide innovation implementation, and concerns;  (6) Report procurement contract data pursuant to requirements established by the administrator, in the form and manner prescribed by the state procurement office; and  (7) Assist and cooperate with the administrator regarding any compliance review by the administrator pursuant to section 103D-206.  (b) Consistent with the provisions of this chapter and rules adopted by the policy board to implement its provisions, the chief procurement officers may adopt operational procedures to assist in the performance of these duties and responsibilities. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23; am L 2015, c 181, §1; am L 2016, c 253, §2]
HI Rev Stat § 103D-206 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-206 Additional duties of the administrator of the procurement office.

  §103D-206 Additional duties of the administrator of the procurement office. In addition to the duties referred to in section 103D-205, the administrator shall:  (1) Perform periodic review of the procurement practices and procedures of all governmental bodies, in collaboration with the state procurement policy board, for compliance with the procurement code;  (2) Assist, advise, and guide governmental bodies in matters relating to procurement;  (3) Determine corrective actions; provided that if a procurement officer under the jurisdiction of the administrator of the state procurement office or a chief procurement officer of any of the other state entities under section 103D-203, fails to comply with any determination rendered by the administrator within thirty days from the date of the issuance of the determination, or longer if permitted by the administrator upon request by the procurement officer or a chief procurement officer, the procurement officer or chief procurement officer shall be subject to an administrative fine under section 103D-106, for every day of noncompliance;  (4) Develop and administer a statewide procurement orientation and training program;  (5) Develop, distribute, and maintain a procurement manual for all state procurement officials; and  (6) Develop, distribute, and maintain a procurement guide for vendors wishing to do business with the State and its counties. [L Sp 1993, c 8, pt of §2; am L 2003, c 52, §3; am L 2005, c 166, §3; am L 2008, c 203, §1; am L 2016, c 253, §3] Cross References  Procurement institute, see §304A-1352.
HI Rev Stat § 103D-207 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-207 Centralization of procurement authority.

  §103D-207 Centralization of procurement authority. Except as otherwise provided in sections 103D-208, 103D-209, and 103D-210, all rights, powers, duties, and authority relating to the procurement of goods, services, and construction, and the management, control, warehousing, sale, and disposal of goods, services, and construction now vested in, or exercised by, the governmental bodies of the State and counties are hereby transferred to the respective chief procurement officers. [L Sp 1993, c 8, pt of §2] Cross References  Section 103D-210, referred to in text, is repealed. For similar provisions, see §103D-102(b)(4).
HI Rev Stat § 103D-208 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-208 Delegation of authority by the chief procurement officer.

 §103D-208 Delegation of authority by the chief procurement officer. 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]
HI Rev Stat § 103D-209 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-209 Authority to contract for certain services.

 §103D-209 Authority to contract for certain services. 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] Note  L 1996, c 262, §25 purports to extend repeal date of June 30, 1995 to June 30, 1998.
HI Rev Stat § 103D-210 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-210 REPEALED.

 §103D-210 REPEALED. L 1994, c 186, §25.
HI Rev Stat § 103D-211 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-211 Procurement rules.

  §103D-211 Procurement rules. (a) The procurement policy board shall adopt all rules necessary to carry out the purposes of this chapter and to implement its provisions in accordance with chapter 91. The policy board shall not delegate its power to adopt rules.  (b) No rule shall change any commitment, right, or obligation of the State or of a contractor under a contract in existence on the effective date of such rule. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
HI Rev Stat § 103D-212 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-212 Collection of data concerning public procurement.

  §103D-212 Collection of data concerning public procurement. 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]
HI Rev Stat § 103D-213 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-213 Procurement advisory groups.

 §103D-213 Procurement advisory groups. (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]
HI Rev Stat § 103D-214 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-214 REPEALED.

 §103D-214 REPEALED. L 1995, c 178, §15. Note  L 1997, c 352, §23 purports to amend this section.
HI Rev Stat § 103D-301 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-301 Methods of source selection.

  §103D-301 Methods of source selection. Unless otherwise authorized by law, all contracts shall be awarded pursuant to the following sections, as applicable:  (1) Section 103D-302 (Competitive sealed bids);  (2) Section 103D-303 (Competitive sealed proposals);  (3) Section 103D-304 (Professional services procurement);  (4) Section 103D-305 (Small purchases);  (5) Section 103D-306 (Sole source procurement); and  (6) Section 103D-307 (Emergency procurements). [L Sp 1993, c 8, pt of §2; am L 2013, c 239, §2]
HI Rev Stat § 103D-303.5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-303.5 Pre-bid conference.

  §103D-303.5 Pre-bid conference. (a) At least fifteen days prior to submission of bids pursuant to section 103D-302 for a construction or design-build project with a total estimated contract value of $500,000 or more, and at least fifteen days prior to submission of proposals pursuant to section 103D-303 for a construction or design-build project with a total estimated contract value of $100,000 or more, the head of the purchasing agency shall hold a pre-bid conference and shall invite all potential interested bidders, offerors, subcontractors, and union representatives to attend.  (b) The procurement policy board shall adopt rules under chapter 91 to effectuate this section. [L 2003, c 52, §2] Revision Note  This section, enacted as an addition to part X, is redesignated to this part pursuant to §23G-15.
HI Rev Stat § 103D-305 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-305 Small purchases; prohibition against parceling.

  §103D-305 Small purchases; prohibition against parceling. (a) Procurements of less than $100,000 for goods or services, or $250,000 for construction shall be made in accordance with procedures set forth in rules adopted by the policy board that are designed to ensure administrative simplicity and as much competition as is practicable; provided that multiple expenditures shall not be created at the inception of a transaction or project so as to evade the requirements of this chapter; and provided further that procurement requirements shall not be artificially divided or parceled so as to constitute a small purchase under this section.  (b) Procurements greater than $50,000 for construction under subsection (a) shall require security by performance and payment bonds, pursuant to section 103D-324, delivered to the procurement officer, that are:  (1) In a form prescribed by the rules of the policy board;  (2) Executed by a surety company authorized to do business in this State; and  (3) In an amount equal to one hundred per cent of the price specified in the contract, or shall otherwise be secured by a performance bond in a manner satisfactory to the procurement officer.  (c) Procurements of $25,000 to less than $250,000 shall be made in accordance with small purchase procedures; provided that such small purchase procurements through an electronic system shall be required. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §10; am L 1995, c 178, §11; am L 1997, c 352, §8; am L 2006, c 283, §2; am L 2009, c 175, § §2, 14(1); am L 2010, c 107, §1; am L 2012, c 173, § §2, 5]
HI Rev Stat § 103D-306 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-306 Sole source procurement.

 §103D-306 Sole source procurement.  (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]
HI Rev Stat § 103D-307 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-307 Emergency procurements.

  §103D-307 Emergency procurements. (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]
HI Rev Stat § 103D-308 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-308 Cancellation of invitations for bids or requests for proposals.

 §103D-308 Cancellation of invitations for bids or requests for proposals. An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is in the best interests of the governmental body which issued the invitation, request, or other solicitation, in accordance with rules adopted by the policy board. The reasons therefor shall be made part of the contract file. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §9]