reglab/housing_qa huggingface dataset:
HI Rev Stat § 103D-310 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-310 Responsibility of offerors.

  §103D-310 Responsibility of offerors. (a) Unless the policy board, by rules, specifies otherwise, before submitting an offer, a prospective offeror, not less than ten calendar days prior to the day designated for opening offers, shall give written notice of the intention to submit an offer to the procurement officer responsible for that particular procurement.  (b) Whether or not an intention to bid is required, the procurement officer shall determine whether the prospective offeror has the financial ability, resources, skills, capability, and business integrity necessary to perform the work. For the purpose of making a responsibility determination, the procurement officer shall possess or obtain available information, including past performance, sufficient to be satisfied that a prospective offeror meets the applicable standards. The officer, in the officer's discretion, may require any prospective offeror to submit answers, under oath, to questions contained in a standard form of questionnaire to be prepared by the policy board. Whenever it appears from answers to the questionnaire or otherwise, that the prospective offeror is not fully qualified and able to perform the intended work, a written determination of nonresponsibility of an offeror shall be made by the head of the purchasing agency, in accordance with rules adopted by the policy board. The unreasonable failure of an offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such offeror. The decision of the head of the purchasing agency shall be final unless the offeror applies for administrative review pursuant to section 103D-709.  (c) All offerors, upon award of contract, shall comply with all laws governing entities doing business in the State, including chapters 237, 383, 386, 392, and 393. Offerors shall produce documents to the procuring officer to demonstrate compliance with this subsection. Any offeror making a false affirmation or certification under this subsection shall be suspended from further offerings or awards pursuant to section 103D-702. The procuring officer shall verify compliance with this subsection for all contracts awarded pursuant to sections 103D-302, 103D-303, 103D-304, and 103D-306, and for contracts and procurements of $2,500 or more awarded pursuant to section 103D-305; provided that the attorney general may waive the requirements of this subsection for contracts for legal services if the attorney general certifies in writing that comparable legal services are not available in this State.  (d) Information furnished by an offeror pursuant to this section shall not be disclosed to any person except to law enforcement agencies as provided by chapter 92F. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, § §10, 23; am L 2003, c 52, §6; am L 2004, c 216, §4; am L 2005, c 211, §1; am L 2011, c 190, §2; am L 2021, c 188, §7]
HI Rev Stat § 103D-311 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-311 Prequalification of suppliers.

 §103D-311 Prequalification of suppliers. (a) The policy board may adopt rules to prequalify prospective suppliers for particular types of goods, services, and construction or to limit a solicitation to prequalified vendors to meet statutory or licensing requirements applying to the solicitation or when the time necessary to verify vendor qualifications would jeopardize timely award of contracts.  (b) A prospective supplier may be prequalified for a particular type of goods or services. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, prequalified suppliers. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
HI Rev Stat § 103D-313 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-313 Types of contracts.

 §103D-313 Types of contracts. (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]
HI Rev Stat § 103D-314 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-314 Approval of accounting system.

  §103D-314 Approval of accounting system. Except with respect to firm fixed-price contracts, no contract shall be used unless it has been determined in writing by the chief procurement officer, the head of a purchasing agency, or a designee of either officer that:  (1) The proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated; and  (2) The proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-315 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-315 Multi-term contracts.

  §103D-315 Multi-term contracts. (a) Unless otherwise provided by law, a contract for goods or services may be entered into for any period of time deemed to be in the best interests of the governmental body, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor.  (b) Prior to the utilization of a multi-term contract, it shall be determined in writing:  (1) That estimated requirements cover the period of the contract and are reasonably firm and continuing;  (2) That such a contract will serve the best interests of the governmental body by encouraging effective competition or otherwise promoting economies in procurement; and  (3) That sufficient funds to pay for the initial term of the contract are available and the funds necessary for the remaining terms of the contract are likely to be available from sources which are identified in writing.  (c) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of goods or services delivered under the contract. The cost of cancellation may be paid from any appropriations available for such purposes. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-316 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-316 Right to inspect plant.

  §103D-316 Right to inspect plant. 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]
HI Rev Stat § 103D-317 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-317 Right to audit records.

  §103D-317 Right to audit records. (a) The purchasing agency, at reasonable times and places, may audit the books and records of any person who has submitted cost or pricing data pursuant to section 103D-312 to the extent that such books and records relate to such cost or pricing data. Any person who receives a contract, change order, or contract modification for which cost or pricing data is required, shall maintain such books and records that relate to such cost or pricing data for three years from the date of final payment under the contract, unless another period is otherwise authorized in writing.  (b) The purchasing agency shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a fixed-price contract to the extent that such books and records relate to the performance of such contract or subcontract. The books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract, unless another period is otherwise authorized in writing. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-318 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-318 Finality of determinations

  §103D-318 Finality of determinations. 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]
HI Rev Stat § 103D-319 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-319 Reporting of anticompetitive practices.

  §103D-319 Reporting of anticompetitive practices. When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-320 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-320 Retention of procurement records; evaluations.

  §103D-320 Retention of procurement records; evaluations. All procurement records shall be retained and disposed of in accordance with chapter 94 and records retention guidelines and schedules approved by the comptroller. Written past performance evaluations for all procurements over the small purchase threshold shall be maintained in the processing department's procurement files and in the statewide past performance database. [L Sp 1993, c 8, pt of §2; am L 2021, c 188, §8]
HI Rev Stat § 103D-321 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-321 REPEALED.

  §103D-321 REPEALED. L 2001, c 43, §1.
HI Rev Stat § 103D-322 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-322 Multiple awards.

 §103D-322 Multiple awards. The policy board may adopt rules authorizing the use and prescribing the manner in which goods, services, or construction may be procured through multiple awards. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
HI Rev Stat § 103D-323 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-323 Bid security.

 §103D-323 Bid security. (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]
HI Rev Stat § 103D-325 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-325 Bond forms and copies.

 §103D-325 Bond forms and copies. (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]
HI Rev Stat § 103D-326 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-326 Fiscal responsibility.

  §103D-326 Fiscal responsibility. Every contract modification, change order, or contract price adjustment under a contract shall be subject to prior written certification by the appropriate fiscal officer for funding the project or the contract, as to the effect of the contract modification, change order, or adjustment in contract price on the total project budget or the total contract budget. In the event that the certification of the fiscal officer discloses a resulting increase in the total project budget or the total contract budget, the procurement officer shall not execute or make such contract modification, change order, or adjustment in contract price unless sufficient funds are available therefor, or the scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project budget or total contract budget as it existed prior to the contract modification, change order, or adjustment in contract price under consideration; provided, that with respect to the validity, as to the contractor, of any executed contract modification, change order, or adjustment in contract price which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with this section. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-327 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-327 Safety and health programs for construction.

  §103D-327 Safety and health programs for construction. Contracts awarded for construction in excess of $100,000 shall comply with section 396-18. [L 1995, c 199, §1]
HI Rev Stat § 103D-328 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-328 Tax clearances; setoff for due and unpaid taxes.

  §103D-328 Tax clearances; setoff for due and unpaid taxes. (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]
HI Rev Stat § 103D-329 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-329 Past performance database.

  §103D-329 Past performance database. (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]
HI Rev Stat § 103D-401 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-401 Duties of the policy board.

  §103D-401 Duties of the policy board. The policy board shall adopt rules governing the preparation, maintenance, and content of specifications for goods, services, and construction required by the State. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
HI Rev Stat § 103D-402 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-402 Duties of the chief procurement officer.

  §103D-402 Duties of the chief procurement officer. 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]
HI Rev Stat § 103D-403 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-403 Exempted items.

  §103D-403 Exempted items. Specifications for goods, services, or construction items procured under section 103D-209, or those exempted pursuant to section 103D-210, may be prepared by a purchasing agency in accordance with this chapter and rules adopted hereunder. [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-404 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-404 Relationship with using agencies.

  §103D-404 Relationship with using agencies. The chief procurement officer shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-405 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-405 Maximum practicable competition.

  §103D-405 Maximum practicable competition. (a) All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the State's needs, and shall not be unduly restrictive.  (b) Specifications, to the extent practicable, shall emphasize functional or performance criteria while limiting design or other detailed physical descriptions to those necessary to meet the needs of the State.  (c) The State shall procure standard commercial products whenever practicable. In developing specifications, accepted commercial standards shall be used and unique requirements shall be avoided, to the extent practicable.  (d) Outside contractors may be utilized to prepare specifications and work statements in the development of a solicitation. Contractors paid for those services shall be precluded from bidding on or receiving a contract when they participated in any way in the development of the solicitation package or any resulting contract. [L Sp 1993, c 8, pt of §2]