reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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.
(a) The policy board shall adopt rules to assist small businesses in learning how to do business with the State.
(b) The state procurement office shall establish a small business initiative program consistent with this chapter to ensure that small businesses, including businesses owned by veterans, Native Hawaiians, and women, are able to effectively participate in small business contracting opportunities in the State. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23; am L 2022, c 168, §2]
Note
Small business assistance initiative to facilitate the collection and development of relevant data and information to assist small businesses (term of the initiative ends on June 27, 2027). L 2022, c 168, §3.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1005 Recycled products.

§103D-1005 Recycled products.
(a) To encourage the use of recycled products, contracts shall be awarded to the lowest responsible and responsive bidders, with preference being given to the products containing recycled material. The policy board shall adopt rules in accordance with chapter 91 governing preference for recycled products. The rules shall establish percentages of preference and the method of determining the contents of recycled material to qualify various products for preference.
(b) The state procurement office, with the assistance of the office of solid waste management in the department of health as provided in section 342G-42, shall develop a recycled product procurement program that shall require state purchasing agencies and urge county purchasing agencies to:
(1) Apply preference to the purchase of products with recycled content before purchasing products without any recycled content;
(2) Be consistent with applicable federal specification standards incorporated in Executive Order No. 12873, signed by the President of the United States on October 20, 1993, and any subsequent amendments to that order; and
(3) Ensure, to the maximum extent economically feasible, the purchase of materials that may be recycled or reused when discarded, and to avoid the purchase of products deemed environmentally harmful.
(c) In addition to the requirements for the purchase of office paper and printed material under subsection (e), and when appropriate, purchase specifications shall include, but not be limited to, paper, paper products, glass and glass by-products, plastic products, mulch and soil amendments, tires, batteries, oil, paving materials and base, subbase, and pervious backfill materials. Paving materials to be considered shall include, but are not limited to, asphalt, tires, crushed concrete for base, subbase, and paving materials. The standards and specifications shall provide for the use of recycled materials and shall not reduce the quality standards for highway and road construction.
(d) The chief procurement officers shall periodically review their specifications to determine whether discrimination against procured goods with recycled contents exists and shall revise these specifications to eliminate any such discrimination.
(e) When purchasing office paper and printed material, state purchasing agencies shall, and county purchasing agencies are urged to, purchase only office paper and printed material with recycled content, except when statutory, regulatory, or contractual requirements preclude the purchase of office paper or printed material with recycled contents of the same type and quantity as the office paper or printed material without recycled content. [L 1994, c 186, pt of §1; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1006 Software development businesses.

§103D-1006 Software development businesses.
(a) In any expenditure of public funds for software development, the use of Hawaii software development businesses shall be preferred. Where a package bid or response to a request for proposal contains both Hawaii and non-Hawaii software development businesses, then for the purpose of selecting the lowest bid or purchase price only, the bid or offer by a non-Hawaii software development business shall be increased by a preference percentage pursuant to rules adopted by the policy board.
(b) This section shall not apply when precluded by federal requirements for competitive bidding. [L 1994, c 186, pt of §1; am L 1997, c 352, §18]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1008 Taxpayer preference.

§103D-1008 Taxpayer preference.
For evaluation purposes, the bidder's tax-exempt price shall be increased by the applicable retail rate of general excise tax and the applicable use tax. For competitive sealed bids, the lowest responsive, responsible bidder, taking into consideration the above increase, shall be awarded the contract, but the contract amount of any contract awarded shall be the amount of the price offered and shall not include the amount of the increase. [L 1999, c 149, pt of §3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1009 Preference for qualified community rehabilitation programs.

§103D-1009 Preference for qualified community rehabilitation programs.
When a governmental body contracts for services, a five per cent preference shall be given to services to be provided by nonprofit corporations or public agencies operating qualified community rehabilitation programs in conformance with criteria established by the department of labor and industrial relations pursuant to chapter 91; provided that contracts awarded under this section shall be exempt from the wages provision of section 103-55. The policy board shall adopt rules under chapter 91 to establish the preference for nonprofit corporations or public agencies operating qualified community rehabilitation programs consistent with this section. [L 1999, c 149, pt of §3]
Note
Annual reports to legislature on §76-77(16) expenditures by department of human resources development. L 2008, c 213, §2.
Cross References
County civil service exemption for services up to a year and costs of no more than $850,000, see §76-77(16).
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1010 Purchases from qualified community rehabilitation programs.

§103D-1010 Purchases from qualified community rehabilitation programs.
(a) Any governmental body, without advertising or calling for bids, may purchase goods or services provided by qualified community rehabilitation programs serving persons with disabilities that have indicated an interest in supplying the goods or services and on an equitable basis may apportion the business among the interested programs; provided that the goods and services meet the specifications and needs of the purchasing agency and are purchased at a fair market price as determined by the appropriate public agency; and provided further that the programs meet all of the requirements of a qualified community rehabilitation program under section 103D-1001.
(b) The purchasing agency shall:
(1) Receive and review proposals submitted by qualified community rehabilitation programs to provide goods or services and determine if they are suitable for purchase by the agency; and
(2) Negotiate the conditions and terms for the purchase, including the price of the offer, between the agency and the qualified community rehabilitation program; provided that the price of the offer shall not exceed the fair market price and there is assurance that the qualified community rehabilitation program proposal is in compliance with all administrative rules related to purchasing. [L 1999, c 149, pt of §3; am L 2022, c 174, §4 and c 176, §4]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1011 Qualified community rehabilitation program; proposal to provide goods and services.

§103D-1011 Qualified community rehabilitation program; proposal to provide goods and services.
A qualified community rehabilitation program shall be allowed to sell only goods or services, also to include building custodial and grounds maintenance services, to a governmental body. A proposal shall be submitted to the purchasing agency containing the following information:
(1) A description of the goods or service;
(2) The price of the goods or service; and
(3) Documents and information necessary to qualify as a qualified community rehabilitation program under section 103D-1001. [L 1999, c 149, pt of §3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1012 Biofuel preference.

§103D-1012 Biofuel preference.
(a) Notwithstanding any other law to the contrary, contracts for the purchase of diesel fuel or boiler fuel shall be awarded to the lowest responsible and responsive bidders, with preference given to bids for biofuels or blends of biofuel and petroleum fuel.
(b) When purchasing fuel for use in diesel engines, the preference shall be five
cents per gallon of one hundred per cent biodiesel. For blends containing both biodiesel and petroleum-based diesel, the preference shall be applied only to the biodiesel portion of the blend.
(c) When purchasing fuel for use in boilers, the preference shall be
five
cents per gallon
of one hundred per cent biofuel. For blends containing both biofuel and petroleum-based boiler fuel, the preference shall be applied only to the biofuel portion of the blend.
(d) As used in this section, "biodiesel" means a vegetable oil-based fuel that meets ASTM International standard D6751, "Standard Specification for Biodiesel (B100) Fuel Blend Stock for Distillate Fuels", as amended.
(e) As used in this section, "biofuel" means fuel from non-petroleum plant or animal based sources that can be used for the generation of heat or power. [L 2006, c 240, §4]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1101 Definitions.

§103D-1101 Definitions.
As used in this part, unless the context clearly requires otherwise:
"Personal property" means all tangible goods, including equipment, materials and supplies, except land, buildings, and improvement to the land.
"Surplus personal property" means any personal property that no longer has any use to this State or personal property acquired from the United States government. "Surplus personal property" includes obsolete, scrap, and excess personal property that has completed its useful life cycle. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1102 State agency for surplus property.

§103D-1102 State agency for surplus property.
The state procurement office shall be the state agency for federal and state surplus personal property unless otherwise specified in this chapter or rules adopted pursuant to chapter 91.
The administrator of the state procurement office shall appoint and prescribe the duties of a surplus property director and other personnel pursuant to chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule and this chapter. [L 1994, c 186, pt of §1; am L 2002, c 148, §9]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1104 Delegation of authority; bond.

§103D-1104 Delegation of authority; bond.
The administrator of the state procurement office may:
(1) Delegate to any employee any power and authority deemed reasonable and proper for the effective administration of this part; and
(2) Bond any employee of the agency handling money, signing checks, or receiving or distributing property from the United States or state agencies under authority of this part. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1105 Authorized donee representatives.

§103D-1105 Authorized donee representatives.
Any other law to the contrary notwithstanding, the governing board, or in case there is none, the chief procurement officer or the head of a purchasing agency, or their respective designees, by written order or resolution, may confer upon any officer or employee the continuing authority to secure the transfer, to the state procurement office or the purchasing agency, of surplus property under this part through the state agency for surplus property under section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, and rules adopted by the policy board, and to obligate the State or county and its funds to the extent necessary to comply with the terms and conditions of the transfers. The authority conferred upon the officer or employee by the order or resolution shall remain in effect until the order or resolution is duly revoked and written notice of the revocation is received by the state agency for surplus property. [L 1994, c 186, pt of §1; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1106 Transfer charges.

§103D-1106 Transfer charges.
Any charges or fees assessed by the surplus property director shall be limited to those reasonably related to the costs of care and handling with respect to the acquisition, receipt, warehousing, distribution, or transfer. The charges and fees shall be limited to the reasonable administrative costs the surplus property director incurred in effecting transfer. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1107 Revolving fund.

§103D-1107 Revolving fund.
There shall be in the state treasury a surplus federal property revolving fund, which shall be maintained in an amount adequate to defray the costs of procuring, storing, handling, and disposing of surplus property donated to the State under any federal act or rules adopted by the policy board making surplus federal and state property available. [L 1994, c 186, pt of §1; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1201 Definitions.

§103D-1201 Definitions.
As used in this part, unless the context clearly requires otherwise:
"Administrator of the state procurement office" means the chief procurement officer for the governmental bodies of the executive branch of the State, other than the University of Hawaii, department of education, the several counties, and those governmental bodies administratively attached thereto.
"Excess property" means any property which has a remaining useful life but which is no longer required by the using agency in possession of the property.
"Expendable property" means all property other than nonexpendable property.
"Nonexpendable property" means all property having a unit cost and useful life which is set by rules adopted by the policy board.
"Property" means all goods, including equipment, materials, supplies, land, buildings, and other improvements to the land, also non-tangible items such as patents, inventions, and copyrights.
"Surplus property" means any property that no longer has any use to the State. "Surplus property" includes obsolete, scrap, and nonexpendable property that has completed its useful life cycle. [L 1994, c 186, pt of §1; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1202 Rules.

§103D-1202 Rules.
The policy board shall adopt rules in accordance with chapter 91 governing:
(1) The management of properties during their entire life cycle;
(2) The classes of property, whether expendable or nonexpendable;
(3) The action to be taken in case of lost, stolen, damaged, unserviceable, or unsuitable property;
(4) The sale, lease, trade-in, or disposal of surplus property by public auction, competitive sealed bidding, or other appropriate method designated by rules; provided that no employee of the owning or disposing agency shall be entitled to purchase this property; and
(5) The transfer of excess property. [L 1994, c 186, pt of §1; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1203 Administrator of the state procurement office; duties.

§103D-1203 Administrator of the state procurement office; duties.
The administrator of the state procurement office shall:
(1) Perform a periodic review of the inventory management system of all governmental bodies;
(2) Enforce rules adopted by the policy board governing the management of state property;
(3) Assist, advise, and guide governmental bodies in matters relating to the inventory management of state property; and
(4) Establish, manage, and maintain a centralized property inventory record file for each department, board, commission, or office of the State having the care, custody, or control of any state property, other than the University of Hawaii, the department of education, the several counties, and those governmental bodies administratively attached thereto, unless otherwise specified in this chapter or in rules adopted pursuant to chapter 91. [L 1994, c 186, pt of §1; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1204 Others' responsibilities.

§103D-1204 Others' responsibilities.
The head of the department, or the head of any board, commission, agency, bureau, or office of the State shall be responsible for the accountability, protection, maintenance, and proper use of all state property pertaining to their office or department, whether they issue receipts for the same or not, and shall not transfer their responsibility to a successor during short periods or absence unless with the written consent of the governor. Shortages occurring during the administration of one person shall not be the responsibility of the person's successor. The new officer shall be responsible only for the property the office actually receives or for which the officer issues a receipt. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1205 Internal control.

§103D-1205 Internal control.
The head of the department, or the head of any board, commission, agency, bureau, or office of the State and any county having the care, custody, or control of any state property is responsible for maintaining an adequate system of internal control to ensure the accountability, safekeeping, maintenance, and proper use of state property and verify that the internal control system continues to function effectively as designed. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1206 Annual inventory reporting by state officers.

§103D-1206 Annual inventory reporting by state officers.
The chief procurement officers for their respective jurisdictions, the administrative heads of the executive departments, and all other persons, offices, and boards of a public character which are not by law under the control and direction of any of the officers specifically named in this section, before September 16 of each year, shall prepare and file with the administrator of the state procurement office an annual inventory return of state property in the possession, custody, control, or use of the officer making the return, or of the department or office of the government over which the officer presides. Any officer, agent, or employee serving in a department or under a returning officer shall file an annual inventory return to the department head or the returning officer. The officer making the return shall similarly file a copy with the administrator of the state procurement office. The annual inventory return shall contain the following:
(1) A summary and list by detailed item description and carrying value of all nonexpendable state property on hand as of July 1 of the year for which the return is made;
(2) A summary and list by detailed item description and carrying value of all nonexpendable state property acquired and disposed of during the year elapsed since the return made as of the preceding July 1; and
(3) A sworn statement certifying the information on the return, property listings, and carrying values provided with the return to be full, true, and correct to the best knowledge, information, and belief of the officer making the return. [L 1994, c 186, pt of §1; am L 1999, c 149, §21]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1207 Annual inventory reporting by county mayors to administrator of the state procurement office.

§103D-1207 Annual inventory reporting by county mayors to administrator of the state procurement office.
Each county mayor, before September 16 of each year, shall prepare and file with the administrator of the state procurement office an annual inventory return of all nonexpendable state property in the use, custody, or possession for the time being of the county or any of its officers. The annual inventory return shall contain the following:
(1) A summary and list by detailed item description and carrying value of all nonexpendable state property on hand as of July 1 of the year for which the return is made;
(2) A summary and list by detailed item description and carrying value of all nonexpendable state property disposed of during the year elapsed since the return made as of the preceding July 1; and
(3) A sworn statement certifying the information on the return, property listings, and carrying values provided with the return to be full, true, and correct to the best knowledge, information, and belief of the officer making the return. [L 1994, c 186, pt of §1; am L 1999, c 149, §22]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1208 Annual inventory reporting by county officers to council.

§103D-1208 Annual inventory reporting by county officers to council.
Every officer, head of department, agent, employee, and other person in the employ of the county, having in their custody or under their control or using property belonging to the county, each year within forty-five days following the close of the county's fiscal year, shall prepare and file with the council of the county an annual inventory return of all nonexpendable county property in the possession, custody, control, or use of the officer, head of department, agent, employee, or other person making the annual inventory return, or of the offices or departments over which the officer presides. The annual inventory return shall contain the following:
(1) A summary and list by detailed item description and carrying value of all nonexpendable county property on hand as of the close of the county's fiscal year for which the return is made;
(2) A summary and list by detailed item description and carrying value of all nonexpendable county property acquired and disposed of during the year elapsed since the return made as of the preceding close of the fiscal year; and
(3) A sworn statement certifying the information on the return, property listings, and carrying values provided with the return to be full, true, and correct to the best knowledge, information, and belief of the officer making the return. [L 1994, c 186, pt of §1; am L 1999, c 149, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1209 Authority to withhold salary.

§103D-1209 Authority to withhold salary.
The administrator of the state procurement office and the director of finance of each county shall ascertain if inventories have been filed as required by sections 103D-1206 and 103D-1208 respectively. If any officer, head of department, agent, employee, or other person fails to file the required inventory within the time prescribed, the administrator of the state procurement office or director shall withhold the salary or wage due the officer, head of department, agent, employee, or other person until the inventory is filed; provided that at the discretion of administrator of the state procurement office or director the delay in filing the required inventory return within the time prescribed was for good cause. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1210 Penalty; jurisdiction.

§103D-1210 Penalty; jurisdiction.
Any officer, member of a public board, assessor, or other person who fails to perform any of the duties imposed upon the person by this part shall be fined no more than $500 or imprisoned not more than six months. District judges shall have jurisdiction to hear and determine all cases of alleged violations of this part committed within the circuit for which the judge was appointed. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1211 Forms for annual inventory return.

§103D-1211 Forms for annual inventory return.
The administrator of the state procurement office shall prepare and print a general form upon which the inventories required under sections 103D-1206 and 103D-1207 shall be made, and before June 1 of each year, shall mail to each officer required under sections 103D-1206 and 103D-1207 to file an annual inventory return, as many forms as necessary to enable the officer to make a proper return. The administrator of the state procurement office, at the same time, shall call to the attention of the officer, in writing, the requirements of this part. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1212 Duties of the State and county.

§103D-1212 Duties of the State and county.
(a) The administrator of the state procurement office shall examine each inventory return filed as required by sections 103D-1206 and 103D-1207 and the director of finance of each county shall examine each inventory return filed as required by section 103D-1208, and they shall add, if any, items of property which should have been included with their full cash value, correct and alter the valuations as may be required by truth and accuracy, and enter in one or more books to be kept for the purpose and to be available at all times for inspection by any taxpayer, all of the property and valuations named in the inventories, as added to, revised, corrected, and classified for convenience.
(b) The administrator of the state procurement office or county director of finance shall charge the amounts of the inventories to proper accounts on the general ledgers of the State or county so that the values of the properties shall be shown and appear at all times in the balance sheet of the books of the State or county.
(c) The director of taxation at all times shall advise or assist the administrator of the state procurement office in the valuation of all state property.
(d) The county engineers shall advise or assist the director of finance of their respective counties as to the valuation of the property belonging to the county. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1213 Sale of produce, etc.; disposition of proceeds; exceptions.

§103D-1213 Sale of produce, etc.; disposition of proceeds; exceptions.
Except as otherwise provided by law or rules adopted by the governor, the sale by any governmental office, department, board, establishment, institution, or agency (hereafter referred to as "agency") of domestic animals such as hogs, poultry, etc.; of the produce of animal husbandry; of fruits, vegetables, and other agricultural produce; of manufactured articles; or the like (hereafter referred to as "products") where the raising, production, or manufacture of the same is a part of the usual or authorized activities of the agency, may be made by the agency in a manner to be determined by the head of the agency. The proceeds of the sales, where not otherwise provided by law, shall be paid into the general fund as state realizations. If any of the products are sold from one agency to any other agency, a reasonable sale price may be paid to the selling agency by the purchasing agency and credited to the current expense appropriation of the selling agency, subject to re-expenditure during the fiscal or other period in which the current expense appropriation is available, and any unexpended balance shall lapse at the end of the period. This section shall not apply to public school activities, such as the sale of food in public school cafeterias, the proceeds of which are not considered as public funds payable into the treasury of the State, nor shall the same apply to activities of the University of Hawaii. Nothing in this section shall be deemed to prohibit a transfer from one agency to another of the products without charge, if so ordered by the selling agency. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1214 Proceeds.

§103D-1214 Proceeds.
Except as otherwise provided in section 103D-1213 or by any other law, all moneys received from the sale of any state property by any office, department, board, establishment, institution, or other agency shall be deposited with the director of finance to the credit of the general fund where the operation of the agency is financed from the general fund; provided that where any state property has been purchased with moneys in a special fund, the proceeds of the sale shall be paid into or credited to the special fund. In any case of doubt as to the application of any such proceeds, the administrator of the state procurement office shall determine the fund or appropriation to which the proceeds shall be credited pursuant to this section, and the administrator's decision shall be final. [L 1994, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1302 Definitions.

§103D-1302 Definitions.
As used in this part:
"Industrial oil" means any compressor, turbine, or bearing oil, hydraulic oil, metal working oil or refrigeration oil.
"Lubricating oil" means any oil intended for use in an internal combustion crankcase, transmission, gearbox or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine.
"Procuring agency" means any state or county agency or any person contracting with that agency in respect to work performed under a contract for lubricating oil, industrial oil or involves the use of lubricating oil or industrial oil.
"Recycled oil" means used oil that has been prepared for reuse as a petroleum product by refining, reclaiming, reprocessing or other means provided that the preparation or use is operationally safe, environmentally sound and complies with all laws, rules, and regulations.
"Virgin oil" means oil which has been refined from crude oil and which has not been used or contaminated with impurities. [L 1999, c 53, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1303 Preference for oil products with greater recycled content.

§103D-1303 Preference for oil products with greater recycled content.
Notwithstanding any law to the contrary, any procurement officer that purchases lubricating oil and industrial oil under this [part] shall purchase the oil from the seller who certifies the oil product containing the greatest percentage of recycled oil. The procurement office may purchase an oil product containing a lower percentage of recycled oil provided that the specific oil product containing recycled oil is:
(1) Not available within a reasonable period of time or in quantities necessary to meet an agency's needs;
(2) Not able to meet the performance requirements or standards recommended by the equipment or vehicle manufacturer, including any warranty requirements;
(3) Available only at a cost greater than the cost of comparable virgin oil products; or
(4) Likely to breach an existing warranty that requires the purchase of virgin oil products for exclusive use in vehicles or equipment whose warranties expressly prohibit the use of products containing recycled oil. [L 1999, c 53, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-1304 Affirmative program for procuring oils with recycled content.

§103D-1304 Affirmative program for procuring oils with recycled content.
(a) Each chief procurement officer shall establish and maintain an affirmative program for procuring oils containing the maximum content of recycled oil.
(b) An affirmative program shall include:
(1) Placement of descriptions of the preference of recycled oil products in publications used to solicit bids from suppliers or vendors;
(2) Descriptions of the recycled oil procurement program at the bidders' conferences;
(3) Discussion of the preference program in lubricating oil and industrial oil procurement solicitations, invitations for bids, requests for proposals, or other solicitations for offers under this chapter; and
(4) Efforts to inform trade associations about the preference program. [L 1999, c 53, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-101 Application of this chapter.

§103F-101 Application of this chapter.
(a) This chapter shall apply to all contracts made by state agencies and may be used by county agencies to provide health or human services to Hawaii's residents; provided that this chapter shall not apply to:
(1) Contracts to award grants of state funds appropriated by the legislature to a specific organization or individual;
(2) Transactions between or among government agencies, including but not limited to agreements, contracts, and grants;
(3) Transactions expressly exempt from the requirements of this chapter; and
(4) Transactions that the chief procurement officer determines are exempt under rules adopted by the policy board.
(b) This chapter shall only apply to contracts solicited or entered into after July 1, 1998, unless the parties agree to its application to a contract solicited or entered into prior to that date.
(c) Nothing in this chapter or rules adopted hereunder shall prevent any state or county agency from complying with the terms or conditions of any grant, bequest, or cooperative agreement, or from satisfying any requirement of federal statute or regulation to avoid the loss or reduction of federal assistance. [L 1997, c 190, pt of §2; am L 2002, c 182, §5; am L 2003, c 9, §4; am L 2005, c 169, §1; am L 2014, c 96, §14]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-102 Definitions.

§103F-102
Definitions.
As used in this chapter, unless the context clearly requires otherwise:
"Administrator" means the administrator of the state procurement office.
"Agency" means any department, authority, commission, council, board, committee, institution, legislative body, agency, or other establishment or office of the executive, legislative, or judicial branch of the State, and includes the office of Hawaiian affairs.
"Chief procurement officer" means those officials designated by section 103D-203.
"Contract" means all types of agreements, regardless of what they may be called.
"Contract amendment" means any written alteration of scope of services, time of delivery, payment terms, amount of payment, or other provisions of any contract accomplished by mutual action of the parties to the contract.
"Data" means recorded information, regardless of form or characteristic.
"Health and human services" means services to communities, families, or individuals which are intended to maintain or improve health or social well-being.
"Provider" means an organization or individual contracted by a state agency to provide health or human services to the public on its behalf.
"Purchasing agency" means a state agency authorized to or responsible for entering into contracts to provide health or human services to the public.
"Request for proposals" means all documents, whether attached or incorporated by reference, soliciting providers to submit a detailed plan to provide health or human services to the public, on behalf of a state agency.
"Scope of service" means any description of the type of activity, including but not limited to, number served, outcomes being sought, target group, and geographic area in which the activity takes place.
"Treatment" means services to individuals and families by health or social work professionals which attempt to alleviate physical or mental illness or behavioral problems, including but not limited to, medical treatment, counseling, physical, occupational and other therapeutic services, and referral and case management services for medical treatment, counseling, and other therapeutic services. [L 1997, c 190, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-103 Education and training.

§103F-103
Education and training.
The administrator of the state procurement office, either alone or in cooperation with the heads of the purchasing agencies, may develop a comprehensive education and training program for the purchase of health and human services. The program shall be available to agency employees, providers, and all other interested members of the public. [L 1997, c 190, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-104 Exemption from chapter 103D.

§103F-104 Exemption from chapter 103D.
Contracts to purchase health and human services required to be awarded pursuant to this chapter shall be exempt from the requirements of chapter 103D, unless a provision of this chapter imposes a requirement of chapter 103D on the contract or purchase. [L 1997, c 190, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-105 Preventing impairment of federal funds.

§103F-105
Preventing impairment of federal funds
. This chapter shall be liberally construed to not hinder or impede a state agency's application for, or receipt and use, of federal funds. [L 1997, c 190, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-106 Authority of the procurement policy board.

§103F-106 Authority of the procurement policy board.
The policy board established under section 103D-201 shall adopt all rules necessary to implement this chapter. All rules shall be adopted in accordance with chapter 91. The policy board shall consider and decide matters of policy within the scope of this chapter including those referred to it by chief procurement officers. The policy board may audit and monitor implementation of its rules and the requirements of this chapter, but shall not exercise authority over the award or administration of any particular contract, or over any dispute or claim arising from a contract. [L 1997, c 190, pt of §2; am L 1998, c 267, §1]