reglab/housing_qa huggingface dataset:
HI Rev Stat § 103-49 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103. Expenditure of Public Money and Public Contracts|103-49 REPEALED.

 §103-49 REPEALED. L 1999, c 149, §31.
HI Rev Stat § 103-50.5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103. Expenditure of Public Money and Public Contracts|103-50.5 REPEALED.

  §103-50.5 REPEALED. L 1999, c 282, §8.
HI Rev Stat § 103-51 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103. Expenditure of Public Money and Public Contracts|103-51 REPEALED.

 §103-51 REPEALED. L 1994, c 186, §23.
HI Rev Stat § 103-52 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103. Expenditure of Public Money and Public Contracts|103-52 REPEALED.

 §103-52 REPEALED. L Sp 1993, c 8, §47.
HI Rev Stat § 103-53.5, 54 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103. Expenditure of Public Money and Public Contracts|103-53.5, 54 REPEALED.

 § §103-53.5, 54 REPEALED. L 1999, c 149, § §32, 33.
HI Rev Stat § 103-55.5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103. Expenditure of Public Money and Public Contracts|103-55.5 Wages and hours of employees on public works construction contracts.

 §103-55.5 Wages and hours of employees on public works construction contracts. (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] Cross References  Employment of state residents on construction procurement contracts, see chapter 103B.
HI Rev Stat § 103-55.6 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103. Expenditure of Public Money and Public Contracts|103-55.6 Public works construction; apprenticeship agreement.

  §103-55.6 Public works construction; apprenticeship agreement. (a) A governmental body, as defined in section 103D-104, that enters into a public works contract under this chapter having an estimated value of not less than $250,000, shall decrease the bid amount of a bidder by five per cent if the bidder is a party to an apprenticeship agreement registered with the department of labor and industrial relations for each apprenticeable trade the bidder will employ to construct the public works, and in conformance with chapter 372. 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.  (b) For purposes of subsection (a), in determining whether there is conformance with chapter 372, the procurement officer shall consider the actual number of apprentices enrolled in and the annual number of graduates of the apprenticeship program.  (c) At the time of submission of a competitive sealed bid or a competitive sealed proposal by a bidder, the bidder shall furnish written proof of being a party to a registered apprenticeship agreement for each apprenticeable trade the bidder will employ to construct the public works and, if awarded the contract, shall continue to certify monthly in writing that the bidder is a party to a registered apprenticeship agreement for each apprenticeable trade the bidder will employ to construct the public works for the entire duration of the bidder's work on the project. This subsection shall be deemed to be incorporated into a public works contract. A bidder who is awarded a contract shall be subject to the following sanctions if, after commencement of work, the bidder at any time during the construction is no longer a party to a registered apprenticeship agreement for each apprenticeable trade the bidder will employ to construct the public works:  (1) Temporary or permanent cessation of work on the project, without recourse to breach of contract claims by the bidder; provided that the governmental body shall be entitled to restitution for nonperformance or liquidated damages, as appropriate; or  (2) Proceedings to debar or suspend under section 103D-702.  (d) For purposes of this section, "bidder" means an entity that submits a competitive sealed bid under section 103D-302 or submits a competitive sealed proposal under section 103D-303. [L Sp 2009, c 17, §1] Cross References  Employment of state residents on construction procurement contracts, see chapter 103B.
HI Rev Stat § 103-61 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103. Expenditure of Public Money and Public Contracts|103-61 REPEALED.

  §103-61 REPEALED. L 1999, c 149, pt of §40.
HI Rev Stat § 103-71 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103. Expenditure of Public Money and Public Contracts|103-71 REPEALED.

  §103-71 REPEALED. L 1999, c 149, §39. Cross References  For new provisions on energy efficiency through life cycle costing, see §103D-410.
HI Rev Stat § 103-72 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103. Expenditure of Public Money and Public Contracts|103-72 Transcription of instructional materials.

  §103-72 Transcription of instructional materials. Contracts for the procurement of instructional materials shall include a provision whereby the State has the right to transcribe and reproduce the material in braille, large print, recordings, or other media for the use of physically-disabled students, including the visually impaired, unable to use the material in conventional print and form. Such right shall include the right to make those corrections, revisions, and other modifications as may be necessary. [L 1987, c 358, §1; am L 1999, c 149, §11]
HI Rev Stat § 103B-1 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103B. Employment of State Residents on Construction Procurement Contracts|103B-1 Definitions.

  §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]
HI Rev Stat § 103B-2 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103B. Employment of State Residents on Construction Procurement Contracts|103B-2 Application of chapter.

 §103B-2 Application of chapter. (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]
HI Rev Stat § 103B-3 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103B. Employment of State Residents on Construction Procurement Contracts|103B-3 Requirements of contractor.

  §103B-3 Requirements of contractor. (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]
HI Rev Stat § 103B-4 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103B. Employment of State Residents on Construction Procurement Contracts|103B-4 Conflict with federal law

  §103B-4 Conflict with federal law. This chapter shall not apply if the application of this chapter is in conflict with any federal law, or if the application of this chapter will disqualify any state or county agency from receiving federal funds or aid. [L 2010, c 68, pt of §2]
HI Rev Stat § 103D-101 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-101 Requirements of ethical public procurement.

  §103D-101 Requirements of ethical public procurement.  (a) All public employees shall conduct and participate in public procurement in an ethical manner. In conducting and participating in procurement, public employees shall:  (1) Act as a fiduciary and trustee of public moneys;  (2) Remain independent from any actual or prospective bidder, offeror, contractor, or business;  (3) Act only in the public interest;  (4) Abide by the statutes and administrative rules relating to public procurement;  (5) Identify and maximize efficiencies in the public procurement process;  (6) Encourage economic competition by:  (A) Ensuring that all persons are afforded an equal opportunity to compete in a fair and open environment; and  (B) Researching innovative goods and services to meet the public's needs;  (7) Avoid the intent and appearance of unethical behavior;  (8) Avoid social interactions with any actual or prospective bidder, offeror, contractor, business, or other interested parties during the procurement process;  (9) Maintain confidentiality in a manner that ensures a fair procurement process;  (10) Remain impartial in dealings with any actual or prospective bidder, offeror, contractor, business, or other interested parties; and  (11) Identify and eliminate any conflicts of interest.  (b) Any actual or prospective bidder, offeror, [contractor], or business taking part in the conduct of public procurement, shall act in good faith to practice purchasing ethics, and when applicable, display business integrity as a responsible offeror through the public procurement process, including but not limited to the following:  (1) Avoiding the intent and appearance of unethical behavior or business practices;  (2) Refraining from any activity that would create the appearance of impropriety or conflicts of personal interest and the interests of the State or counties;  (3) Identifying and eliminating any conflicts of interest; and  (4) Ensuring that all persons are afforded an equal opportunity to compete in a fair and open environment.  (c) All parties involved in the negotiation, performance, or administration of state contracts shall act in good faith. [L Sp 1993, c 8, pt of §2; am L 2010, c 207, §1]
HI Rev Stat § 103D-103 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-103 Retention of written determinations.

  §103D-103 Retention of written determinations. 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]
HI Rev Stat § 103D-104.5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-104.5 Agricultural products subject to this chapter

  §103D-104.5 Agricultural products subject to this chapter. The following agricultural products shall be subject to this chapter:  (1) Fresh meats and produce; and  (2) Animals and plants. Except for the exemptions under section 103D-102(b), no exemptions under this chapter shall apply to this section. [L 2009, c 175, §3]
HI Rev Stat § 103D-105 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-105 Public access to procurement information.

 §103D-105 Public access to procurement information. 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]
HI Rev Stat § 103D-106 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-106 Penalties.

  §103D-106 Penalties. (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]
HI Rev Stat § 103D-107 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-107 Compliance audit unit; establishment and purpose.

  §103D-107 Compliance audit unit; establishment and purpose. There is established a compliance audit unit within the office of the auditor. The purpose of this unit shall be to:  (1) Periodically review and audit procurement practices within government to ensure compliance with this chapter and all applicable rules; and  (2) Advocate competition, fairness, and accountability in the procurement process. Reports made by this unit shall be a matter of public record. This unit shall utilize as part of the review process, a review of records and activities specifically for trends and patterns of occurrence. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-108 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-108 Compliance audit unit; duties and responsibilities.

  §103D-108 Compliance audit unit; duties and responsibilities. The compliance audit unit shall:  (1) Review and assess applicable innovations in procurement methods or processes in other governmental jurisdictions or as described in national or regional publications;  (2) Review current or proposed statutes and rules to determine whether they promote fairness, efficiency, and accountability in the procurement process;  (3) Review selected contracts awarded pursuant to section 103D-304;  (4) Conduct studies, research, and analyses, and make reports and recommendations with respect to existing and new methods of procurement and other matters within the jurisdiction of the policy board;  (5) Establish and maintain a procurement library;  (6) Report to the appropriate agency and the chief procurement officer stating the areas of noncompliance and recommendations for remedial action; and  (7) Be present at legislative hearings and policy board meetings to present the findings of the unit. [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §5]
HI Rev Stat § 103D-109 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-109 Compliance audit unit; government officers and employees to cooperate.

  §103D-109 Compliance audit unit; government officers and employees to cooperate. The officers and employees of the State and of each county shall cooperate with this unit and furnish to them such information related to procurement activities as may be called for in connection with the research activities of this unit. The information shall be provided in a timely manner and shall be free of charge. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-110 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-110 Education and training.

 §103D-110 Education and training.  (a) The department of human resources development, either alone or in cooperation with any governmental body, including the department of labor and industrial relations, or in cooperation with other states, the federal government, or other persons may:  (1) Conduct or participate in procurement education and training for persons not employed by the State; and  (2) Sponsor a purchasing certification program conducted by a voluntary organization of procurement professionals.  (b) The state procurement office, in cooperation with the department of human resources development, shall develop and maintain a procurement practices training and development program for procurement officers of the State and the several counties, to ensure that an agency's procurement practices are in compliance with the procurement code and that proper procurement decisions are made consistent with this chapter. The program shall include a mandatory fundamental training and development session and follow-up training and development sessions.  (c) Each state procurement officer of a department of the executive branch shall attend a mandatory fundamental training and development session within sixty days of being appointed or named to the position of procurement officer.  (d) Each state procurement officer of a department of the executive branch whom the state procurement office determines is in need of further training and development based upon:  (1) The history of procurement compliance to this chapter by the agency to which the particular procurement officer is attached; or  (2) Any other need for training and development, shall attend follow-up training and development sessions.  (e) Attendance by state procurement officers at the follow-up training and development sessions, other than as required under subsection (d), and by county procurement officials at the fundamental and follow-up training and development sessions is optional, though encouraged. [L Sp 1993, c 8, pt of §2; am L 1994, c 56, § §1, 22; am L 2008, c 194, §1]
HI Rev Stat § 103D-111 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-111 Applicability of chapter 103.

  §103D-111 Applicability of chapter 103. Any provisions of chapter 103 not inconsistent with this chapter shall apply to the procurement of all goods, services, and construction under this chapter. [L Sp 1993, c 8, pt of §2]