reglab/housing_qa huggingface dataset:
HI Rev Stat § 103D-710 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-710 Judicial review.

  §103D-710 Judicial review. (a) Only parties to proceedings under section 103D-709 who are aggrieved by a final decision of a hearings officer under that section may apply for judicial review of that decision. The proceedings for review shall be instituted in the circuit court of the circuit where the case or controversy arises.  (b) An application for judicial review shall not operate as a stay of the decision rendered under section 103D-709.  (c) Within ten calendar days of the filing of an application for judicial review, the hearings officer shall transmit the record of the administrative proceedings to the circuit court of the circuit where the case or controversy arises.  (d) The review shall be scheduled as expeditiously as practicable. It shall be conducted on the record of the administrative proceedings, and briefs and oral argument. No new evidence shall be introduced, except that the circuit court may, if evidence is offered which is clearly newly discovered evidence and material to the just decision of the appeal, admit the same.  (e) No later than thirty days from the filing of the application for judicial review, based upon review of the record the circuit court may affirm the decision of the hearings officer issued pursuant to section 103D-709 or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if substantial rights may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:  (1) In violation of constitutional or statutory provisions;  (2) In excess of the statutory authority or jurisdiction of the chief procurement officer or head of the purchasing agency;  (3) Made upon unlawful procedure;  (4) Affected by other error of law;  (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or  (6) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion; provided that if an application for judicial review is not resolved by the thirtieth day from the filing of the application, the court shall lose jurisdiction and the decision of the hearings officer shall not be disturbed. All time limitations on actions, as provided for in section 103D-712, shall remain in effect.  (f) Any party aggrieved by the decision of the circuit court may appeal in accordance with part I of chapter 641 and the appeal shall be given priority. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §8; am L 2001, c 251, §3; am L 2009, c 175, § §10, 14(2); am L 2010, c 107, §1; am L 2012, c 173, § §4, 5] Case Notes  Supreme court has jurisdiction under this section to review decisions by hearings officer. 85 H. 431, 946 P.2d 1.
HI Rev Stat § 103D-711 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-711 Judicial action.

  §103D-711 Judicial action. (a) Only parties to the contract aggrieved by a decision issued pursuant to section 103D-703 by a state chief procurement officer or a designee may initiate an action under section 661-1.  (b) A person aggrieved by a decision issued pursuant to section 103D-703 by a county chief procurement officer or a designee may initiate an action under, or by virtue of, the contract in controversy in the circuit court.  (c) A governmental body aggrieved by a decision issued pursuant to section 103D-703 by a state or county chief procurement officer or a designee may initiate an action under, or by virtue of, the contract in controversy in the circuit court.  (d) To the extent the remedies provided in this part, including provisions for interest, differ from the remedies available against the State under chapter 661, the remedies shall be as provided in this part. Only the attorney general may settle and resolve a matter filed in the courts against the State pursuant to this section. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §9]
HI Rev Stat § 103D-712 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-712 Time limitations on actions.

  §103D-712 Time limitations on actions. (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] Case Notes  The term "issuance" as used in subsection (a) means the date of mailing, as evidenced by the postmark. 103 H. 163, 80 P.3d 984.
HI Rev Stat § 103D-713 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-713 Defense of a governmental body.

  §103D-713 Defense of a governmental body. (a) No contract of less than $1,000,000 that is entered into on or after July 1, 2007, by any governmental body, and is exclusively for services that may only lawfully be provided by a person licensed under chapter 464, may require the contractor to defend the governmental body, or its officers, employees, or agents, from any liability, damage, loss, or claim, action, or proceeding arising out of the contractor's performance under the contract.  (b) Subsection (a) notwithstanding, the contract may require the contractor providing the services to indemnify and hold harmless the governmental body and its officers, employees, and agents from and against any liability, damage, loss, cost, and expense, including reasonable attorneys' fees, and all claims, suits, and demands therefor arising out of or resulting from the negligent, reckless, intentional, or wrongful acts, errors, or omissions of the contractor, the contractor's employees, officers, agents, or subcontractors in the performance of the contract or the contractor's professional services, and the provisions may remain in full force and effect notwithstanding the expiration or early termination of the contract.   (c) No person licensed under chapter 464 that has agreed in any contract to defend a governmental body, including those contracts entered into before or after July 1, 2007, shall be required to defend the governmental body in a lawsuit filed more than ten years beyond the substantial completion of the project, except that this subsection shall not apply to any lawsuit that has been filed prior to July 1, 2007.  (d) As used in this section, "person" means any person, partnership, corporation, or other entity conducting business in the State. [L 2007, c 246, §2]
HI Rev Stat § 103D-801 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-801 Definitions.

Note Part heading amended by L 1997, c 352, §13.  §103D-801 Definitions. As used in this part, unless the context requires otherwise:   "Cooperative purchasing" means procurement conducted by a public or external procurement unit with one or more public procurement units, external procurement units, or nonprofit private procurement units, pursuant to this chapter.  "External procurement unit" means any buying organization not located in this State which, if located in this State, would qualify as a public procurement unit. An agency of the United States is an external procurement unit.  "Local public procurement unit" means any county of the State or public agency of any county, public authority, educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the procurement of goods, services, and construction.  "Nonprofit private procurement unit" means a nonprofit health or human services organization that receives public funds to provide services to the public.  "Public procurement unit" means either a local public procurement unit or a state public procurement unit.  "State public procurement unit" means the office of the chief procurement officer and any other purchasing agency of this State. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §12; am L 1997, c 352, § §14, 21]
HI Rev Stat § 103D-802 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-802 Cooperative purchasing authorized.

 §103D-802 Cooperative purchasing authorized. A public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of goods, services, or construction with one or more public procurement units, external procurement units, or nonprofit private procurement units pursuant to rules adopted by the policy board and an agreement entered into between the participants. The cooperative purchasing may include, but shall not be limited to, joint or multi-party contracts between public procurement units, and state public procurement unit requirements contracts which are made available to local public procurement units. Cooperative purchasing agreements may be exempt from preferences pursuant to part X. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §13; am L 1997, c 352, §15]
HI Rev Stat § 103D-803 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-803 Sale, acquisition, or use of goods by a public procurement unit.

 §103D-803 Sale, acquisition, or use of goods by a public procurement unit. 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]
HI Rev Stat § 103D-804 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-804 Cooperative use of goods or services.

 §103D-804 Cooperative use of goods or services. A public procurement unit may enter into an agreement, independent of the requirements of parts III and XII, with any other public procurement unit, external procurement unit, or nonprofit private health and human services organizations for the cooperative use of goods or services under the terms agreed upon between the parties pursuant to rules adopted by the policy board. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §15; am L 1997, c 352, §23; am L 1998, c 11, §9]
HI Rev Stat § 103D-805 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-805 Joint use of facilities.

 §103D-805 Joint use of facilities. 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]
HI Rev Stat § 103D-806 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-806 Supply of personnel, information, and technical services.

 §103D-806 Supply of personnel, information, and technical services. (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]
HI Rev Stat § 103D-807 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-807 Use of payments received by a supplying public procurement unit.

 §103D-807 Use of payments received by a supplying public procurement unit. All payments from any public procurement unit or external procurement unit received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit as authorized by law. [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §12]
HI Rev Stat § 103D-808 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-808 Public procurement units in compliance with requirements of this chapter.

 §103D-808 Public procurement units in compliance with requirements of this chapter. 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]
HI Rev Stat § 103D-809 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-809 Review of procurement requirements.

  §103D-809 Review of procurement requirements. 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]
HI Rev Stat § 103D-810 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-810 Contract controversies.

  §103D-810 Contract controversies. Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with part VII. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-901 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-901 Definitions.

  §103D-901 Definitions. As used in this part, unless the context clearly requires otherwise:  "Geographic bidding" includes the use of a competitive solicitation which provides for one or more contracts to be awarded on a regional or geographic basis with the State.  "Small business" means a business that is independently owned and defined by detailed criteria pursuant to rules adopted by the policy board. The policy board shall adopt rules defining "small business" through detailed criteria that may include the number of employees and similar factors used by the United States Small Business Administration. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §17; am L 1997, c 352, §23; am L 2005, c 50, §3]
HI Rev Stat § 103D-902 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-902 Small business assistance.

 §103D-902 Small business assistance. The policy board shall adopt rules to assist small businesses in learning how to do business with the State. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
HI Rev Stat § 103D-903 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-903 Duties of the chief procurement officer.

  §103D-903 Duties of the chief procurement officer. (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]
HI Rev Stat § 103D-904 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-904 Geographic bidding.

  §103D-904 Geographic bidding. The chief procurement officer may utilize geographic bidding in providing goods, services, and construction to best meet the needs of the State. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-905 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-905 REPEALED.

 §103D-905 REPEALED. L 1994, c 186, §26.
HI Rev Stat § 103D-906 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-906 Preference for small businesses; set-asides; use as subcontractors.

  §103D-906 Preference for small businesses; set-asides; use as subcontractors. The policy board shall adopt rules to promote the growth and development of small businesses that shall include:  (1) Set-asides for small businesses in appropriate classifications of requirements suitable to performance by small businesses; and  (2) Criteria designed to encourage the use of small businesses as subcontractors on large contracts. [L 2005, c 50, §2]
HI Rev Stat § 103D-1001.5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-1001.5 Application of this part.

 §103D-1001.5 Application of this part. The preferences in this part shall apply, when applicable, to procurements made pursuant to section 103D-302, or 103D-303, or both. [L 1997, c 352, pt of §2; am L 1999, c 149, §18]
HI Rev Stat § 103D-1002.5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-1002.5 Failure to adequately verify, deliver, or supply Hawaii products

  §103D-1002.5 Failure to adequately verify, deliver, or supply Hawaii products. 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. [L 2009, c 175, §4]
HI Rev Stat § 103D-1003 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-1003 Printing, binding, and stationery work.

  §103D-1003 Printing, binding, and stationery work. (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]
HI Rev Stat § 103D-1004 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-1004 Reciprocity.

 §103D-1004 Reciprocity. (a) 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 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 qualifies as a resident bidder, 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]