reglab/housing_qa huggingface dataset:
HI Rev Stat § 103D-406 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-406 Specifications prepared by architects and engineers.

  §103D-406 Specifications prepared by architects and engineers. The requirements of this part regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including, but not limited to, those prepared by architects, engineers, designers, and drafting professionals for public contracts. [L Sp 1993, c 8, pt of §2]
HI Rev Stat § 103D-407 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-407 Construction projects, roadway materials; recycled glass content requirements.

 §103D-407 Construction projects, roadway materials; recycled glass content requirements. (a) When purchasing roadway materials or other high-value, end-use applications for public projects, state and county agencies may purchase materials with minimum recycled glass content meeting specifications adopted by the policy board which, at a minimum, shall provide for:  (1) A minimum recycled glass content of ten per cent crushed aggregate in treated or untreated basecourse in paving materials that shall not reduce the quality standards for highway and road construction; and  (2) The use of one hundred per cent aggregate in nonstructural capital improvement applications.  (b) All highway and road construction and improvement projects funded by the State or a county or roadways that are to be accepted by the State or a county as public roads may use a minimum of ten per cent crushed glass aggregate as specified by the department of transportation in all basecourse (treated or untreated) and subbase when the glass is available to the quarry or contractor at a price no greater than that of the equivalent aggregate.  (c) All state and county construction projects calling for nonstructural backfill shall utilize one hundred per cent crushed glass when available at a cost equal to or lower than the equivalent aggregate.  (d) As used in this section:  "Basecourse" means the layer or layers of specified material or selected material of a designed thickness to support a surface course.  "Environmental management special fund" means the fund established by section 342G-63.  "Nonstructural backfill" means use as fill in areas not subject to structural loading, including but not limited to utility line bedding, drainage backfill behind retaining walls, drainage line backfill in leachfields or french drains, and similar uses. [L 1994, c 201, §3; am L 1997, c 92, §2; am L 1998, c 11, §7; am L 2011, c 22, §1] Cross References  Glass container recovery, see § §342G-81 to 87.  Preference for recycled products, see §103D-1005.
HI Rev Stat § 103D-408 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-408 Hawaiian plants; use in public landscaping.

  §103D-408 Hawaiian plants; use in public landscaping. (a) Subject to exceptions as established under subsection (d), and pursuant to the timetable described in subsection (c), all plans, designs, and specifications for new or renovated landscaping of any building, complex of buildings, facility, complex of facilities, or housing developed by the State with public moneys shall incorporate Hawaiian plants; provided that:  (1) Suitable cultivated plants can be made available for this purpose without jeopardizing wild plants in their natural habitat; and  (2) Wherever and whenever possible, Hawaiian plants shall be used for landscaping on, and sourced from, the island and ahupua €˜a in which the species was found or known to occur prior to European contact.  (b) Each plant or group of plants used pursuant to subsection (a) shall be clearly identified with signs for the edification of the general public.  (c) The timetable for the incorporation of Hawaiian plants pursuant to subsection (a) shall be as follows:  (1) By January 1, 2019, Hawaiian plants shall constitute a combined minimum of ten per cent of the total plant footprint for landscaping plans, designs, and specifications;  (2) By January 1, 2025, Hawaiian plants shall constitute a combined minimum of twenty-five per cent of the total plant footprint for landscaping plans, designs, and specifications;  (3) By January 1, 2030, Hawaiian plants shall constitute a combined minimum of thirty-five per cent of the total plant footprint for landscaping plans, designs, and specifications.  (d) Notwithstanding chapter 91, for the purposes of satisfying the percentage footprint requirements under subsection (c), the purchasing agency may exclude from total plant footprint calculations those areas where available Hawaiian plant species are not appropriate for the particular landscaping needs or environmental conditions of such areas. The exclusion of such areas shall be determined by procedures, standards, or guidelines established by the policy board at the time of issuance of the invitation for bids, requests for proposals, or other solicitation under this chapter. Procedures, standards, or guidelines established pursuant to this subsection may be established by board action notwithstanding chapter 91.  (e) For purposes of this section, "Hawaiian plants" means any endemic or indigenous plant species, including land, freshwater, and marine plant species, growing or living in Hawaii without having been brought to Hawaii by humans; or any plant species, including land, freshwater, and marine plant species, brought to Hawaii by Polynesians before European contact, such as kukui, kalo, wauke, niu, noni, and kamani. [L 1999, c 149, pt of §2; am L 2015, c 233, §2]
HI Rev Stat § 103D-409 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-409 Provisions for pollution control.

 §103D-409 Provisions for pollution control. All contracts shall make provisions for control of pollution when encountered in the performance of the contract. [L 1999, c 149, pt of §2]
HI Rev Stat § 103D-410 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-410 Energy efficiency through life-cycle costing.

 §103D-410 Energy efficiency through life-cycle costing. (a) The procurement practices of the State shall include energy efficient standards and policies, including life-cycle costing.  (b) In implementing life-cycle costing, the purchasing agency shall be guided by energy efficiency standards and policies for purchasing various items developed and promulgated by the United States Department of Energy and other federal agencies, and nationally recognized trade associations, including but not limited to the National Association of State Purchasing Officials, the National Institute of Governmental Purchasing, Inc., the National Association of Purchasing Management, and the Air Conditioning and Refrigeration Institute. The purchasing agency shall notify bidders of information, procedures, and forms required in implementing energy efficiency standards and policies. The information required shall include purchasing standards and policies developed by federal agencies and by nationally recognized agencies and associations, as well as energy consumption and life-cycle cost data.  (c) The purchasing agency shall consider purchasing via the life-cycle costing method those classes of items for which nationally recognized energy efficiency data have been developed. These items shall include but not be limited to automobiles and air conditioning systems. The watt-saving variety of common-sized fluorescent lamps shall be purchased except where standard wattage of those lamps is specifically required by the using agency. [L 1999, c 149, pt of §2]
HI Rev Stat § 103D-411 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-411 Value engineering clauses.

 §103D-411 Value engineering clauses. The State shall insert clauses providing for value engineering incentives in all public works contracts for amounts in excess of $250,000. The clauses shall provide:  (1) That cost reduction proposals submitted by contractors:  (A) Must require, in order to be applied to the contract, a change order thereto; and  (B) Must result in savings to the State or county, as the case may be, by providing less costly items than those specified in the contract without impairing any of their essential functions and characteristics such as service life, reliability, substitutability, economy of operation, ease of maintenance, and necessary standardized features; and  (2) That accepted cost reduction proposals shall result in an equitable adjustment of the contract price so that the contractor will share a portion of the realized cost reduction. [L 1999, c 149, pt of §2]
HI Rev Stat § 103D-412 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-412 Motor vehicle requirements.

  §103D-412 Motor vehicle requirements. (a) The procurement policy for all agencies purchasing or leasing light-, medium-, and heavy-duty motor vehicles shall be to seek vehicles that reduce dependence on petroleum-based fuels that meet the needs of the agency. Priority for selecting vehicles shall be as follows:  (1) Zero-emission vehicles;  (2) Plug-in hybrid electric vehicles;  (3) Alternative fuel vehicles; and  (4) Hybrid electric vehicles.  (b) Vehicles shall not be larger than necessary for their intended functions.  (c) For the purposes of this section:  "Agency" means a state agency, office, or department.  "Alternative fuel" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490; provided that "alternative fuel" includes liquid or gaseous fuels produced from renewable feedstocks, such as organic wastes, or from water using electricity from renewable energy sources.  "Alternative fuel vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.  "Covered fleet" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490 subpart C.  "Excluded vehicles" shall have the same meaning as contained in title 10 Code of Federal Regulations section 490.3.  "Fuel cell electric vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations section 490.501.  "Hybrid electric vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 86.1803-01.  "Light-duty motor vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.  "Plug-in hybrid electric vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations part 86.1803-01.  "Zero-emission vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 88.102-94.  (d) Agencies may apply to the chief procurement officer for exemptions from the requirements of this section to the extent that the vehicles required by this section are not available or do not meet the specific needs of the agency; provided that life cycle vehicle and fuel costs may be included in the determination of whether a particular vehicle meets the needs of the agency. Estimates of future fuel costs shall be based on projections from the United States Energy Information Administration.  (e) Vehicles acquired from another state agency and excluded vehicles are exempt from the requirements of this section but shall be included in the calculation of the clean ground transportation goals established under section 196-9(c)(10).  (f) Nothing in this section is intended to interfere with the ability of a covered fleet to comply with the vehicle purchase mandates required by title 10 Code of Federal Regulations part 490 subpart C. [L 2005, c 216, §2; am L 2006, c 96, §28; am L 2009, c 156, §6; am L 2019, c 143, §1; am L 2021, c 74, §4]
HI Rev Stat § 103D-601 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-601 Cost principles rules required.

  §103D-601 Cost principles rules required. The policy board shall adopt rules setting forth cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs, provided that if a written determination is approved at a level above the procurement officer, such cost principles may be modified by contract. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
HI Rev Stat § 103D-701.5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-701.5 Procurement statistics.

  §103D-701.5 Procurement statistics. The state procurement office shall keep statistics on solicitations and awards protested under section 103D-701 for the purpose of improving procurement procedures. The statistics shall include information on protests involving inadvertent errors. [L 2012, c 173, §1]
HI Rev Stat § 103D-703 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-703 Authority to resolve contract and breach of contract controversies.

 §103D-703 Authority to resolve contract and breach of contract controversies. (a) This section applies to controversies between a governmental body and a contractor which arise under, or by virtue of, a contract between them, including, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.  (b) The chief procurement officer or a designee is authorized, prior to commencement of an action in a court brought pursuant to section 103D-711, to settle and resolve a controversy described in subsection (a). This authority shall be exercised in accordance with rules adopted by the policy board.  (c) If such a controversy is not resolved by mutual agreement, the chief procurement officer or a designee shall promptly issue a decision in writing. The decision shall:  (1) State the reasons for the action taken; and  (2) Inform the contractor of the contractor's right to initiate a judicial action as provided in this part.  (d) A copy of the decision under subsection (c) shall be mailed or otherwise furnished immediately to the contractor.  (e) The decision under subsection (c) shall be final and conclusive unless the contractor commences a judicial action in accordance with section 103D-711.  (f) If the chief procurement officer or a designee does not issue the written decision required under subsection (c) within ninety days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23; am L 1999, c 162, §3] Case Notes  Where it appeared that the procedure established in this section was the exclusive means available for plaintiff to resolve the retainage controversy based on a breach of contract, and plaintiff did not avail itself of these exclusive means, the circuit court lacked jurisdiction to decide plaintiff's claim for retainage. 122 H. 60, 222 P.3d 979.
HI Rev Stat § 103D-703.5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-703.5 Settlement of default by contractor.

 §103D-703.5 Settlement of default by contractor. Upon default of a contractor, the purchasing agency may accept moneys in satisfaction of the contractor's obligation on a contract whether the moneys are realized from the performance surety's obligation on its bond, an insurer's obligation on the contractor's policy, or any other source of moneys paid to satisfy a contractor's default. Such moneys shall be deemed to be trust moneys and shall be deposited into a trust account with and under the control of the purchasing agency. These moneys and the interest earned thereon shall be used for the completion of such contract. Upon completion of the contract, any excess moneys shall be deposited in the general fund unless otherwise restricted. [L 1997, c 167, §1; am L 1999, c 149, §17]
HI Rev Stat § 103D-704 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-704 Exclusivity of remedies.

 §103D-704 Exclusivity of remedies. The procedures and remedies provided for in this part, and the rules adopted by the policy board, shall be the exclusive means available for persons aggrieved in connection with the solicitation or award of a contract, a suspension or debarment proceeding, or in connection with a contract controversy, to resolve their claims or differences. The contested case proceedings set out in chapter 91 shall not apply to protested solicitations and awards, debarments or suspensions, or the resolution of contract controversies. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23] Case Notes  Procurement code was not relevant to employer's claim for breach of duty of loyalty. 338 F.3d 1082.  A protester is entitled to recover attorney's fees incurred in prosecuting its protest if the protester has proven the solicitation was in violation of this code, the contract was awarded in violation of §103D-701(f), and award of contract was in bad faith. 85 H. 431, 946 P.2d 1.  This section, the "exclusive remedy" provision of chapter 103D, the public procurement code, barred plaintiff, a sub-consultant, from bringing a lawsuit against the defendant city seeking damages sounding in tort for injury suffered as a result of the city's alleged violations of the code; plaintiff was on notice under the code that it could not, in its own right, bring a direct challenge to the procurement process in the event it disputed the actions of the procurement agency; the legislative scheme encompassed the notion that challenges would be brought by the primary parties in the process--the contractor or prospective bidder or offeror. 121 H. 527 (App.), 221 P.3d 505.
HI Rev Stat § 103D-705 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-705 Solicitations or awards in violation of law.

 §103D-705 Solicitations or awards in violation of law. The provisions of section 103D-706 and section 103D-707 apply where it is determined by the chief procurement officer or a designee under section 103D-701 or 103D-703 or where it is determined administratively under section 103D-709, or upon judicial review under section 103D-710 or judicial action under section 103D-711, that a solicitation or award of a contract is in violation of the law. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §4] Case Notes  Where, if after award of contract, chief procurement officer finds no violation of law, but after de novo review pursuant to §103D-709, hearings officer finds otherwise, this section requires hearings officer to determine whether to ratify or terminate contract as provided in §103D-707(1)(A) and (B). 85 H. 431, 946 P.2d 1.
HI Rev Stat § 103D-706 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-706 Remedies prior to an award.

  §103D-706 Remedies prior to an award. If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be:  (1) Canceled; or  (2) Revised to comply with the law. [L Sp 1993, c 8, pt of §2] Case Notes  Term "revise" includes remand and reconsideration; where cancellation of solicitation was contrary to purposes underlying procurement code, hearings officer's selection of cancellation of solicitation was abuse of discretion. 87 H. 147, 952 P.2d 1210.
HI Rev Stat § 103D-707 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-707 Remedies after an award.

 §103D-707 Remedies after an award. If after an award it is determined that a solicitation or award of a contract is in violation of law, then:  (1) If the person awarded the contract has not acted fraudulently or in bad faith:  (A) The contract may be ratified and affirmed, or modified; provided it is determined that doing so is in the best interests of the State; or  (B) The contract may be terminated and the person awarded the contract shall be compensated for the actual expenses, other than attorney's fees, reasonably incurred under the contract, plus a reasonable profit, with such expenses and profit calculated not for the entire term of the contract but only to the point of termination;  (2) If the person awarded the contract has acted fraudulently or in bad faith:  (A) The contract may be declared null and void; or  (B) The contract may be ratified and affirmed, or modified, if the action is in the best interests of the State, without prejudice to the State's rights to such damages as may be appropriate. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §5] Case Notes  To determine whether ratification of an unlawfully awarded contract is in State's best interests, consideration must be given to State's interest in achieving the purposes of the procurement code. 85 H. 431, 946 P.2d 1.  Where, if after award of contract, chief procurement officer finds no violation of law, but after de novo review pursuant to §103D-709, hearings officer finds otherwise, §103D-705 requires hearings officer to determine whether to ratify or terminate contract as provided in paragraph (1)(A) and (B). 85 H. 431, 946 P.2d 1.  Whatever considerations may have driven the governmental body to terminate the contract, the hearings officer did not fail to carry out the officer's responsibilities under the procurement code because the officer did not need to consider the best interest of the State in accepting the parties' termination of the contract. 93 H. 155, 997 P.2d 567.
HI Rev Stat § 103D-708 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103D. Hawaii Public Procurement Code|103D-708 Interest.

 §103D-708 Interest. Interest on amounts ultimately determined to be due to a contractor or the governmental body shall be payable at the statutory rate applicable to judgments against the State under chapter 662 from the date the governmental body receives notice of the written claim through the date of decision or judgment, whichever is later; except that if an action is initiated in circuit court pursuant to section 103D-711, interest under this section shall only be calculated until the time such action is initiated. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §6]