reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103B. Employment of State Residents on Construction Procurement Contracts › 103B-3 Requirements of contractor.

§103B-3 Requirements of contractor.
(a)
A contractor awarded any contract shall ensure that Hawaii residents compose not less than eighty per cent of the workforce employed to perform the contract on a particular construction project, as determined under subsection (b). Prior to an award of a contract, the contractor may withdraw a bid without penalty if the contractor finds that it is unable to comply with this subsection.
(b) The eighty per cent requirement under subsection (a) shall be determined by dividing the total number of hours worked on a contract by residents, by the total number of hours worked by all employees of the contractor in the performance of the contract. Hours worked for any subcontractor of the contractor shall count towards the calculation for purposes of this subsection. The hours worked by employees within shortage trades, as determined by the department of labor and industrial relations, shall not be included in the calculations for purposes of this subsection.
(c) Certification of compliance with this chapter shall be made under oath by an officer of the general contractor and applicable subcontractor to the procurement officer with the notice of completion of the contract.
(d) A general contractor or subcontractor who fails to comply with this chapter shall be subject to sanctions as follows:
(1) With respect to the general contractor, withholding of final payment on the contract until the contractor complies with subsection (a); or
(2) With respect to the general contractor and subcontractor, proceedings for debarment or suspension of the contractor or subcontractor under section 103D-702;
provided that a general contractor shall not be sanctioned for noncompliance with this section by a subcontractor of that general contractor on the same contract. [L 2010, c 68, pt of §2; am L 2011, c 192, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103B. Employment of State Residents on Construction Procurement Contracts › 103B-4 Conflict with federal law

§103B-4 Conflict with federal law
. This chapter shall not apply if the application of this chapter is in conflict with any federal law, or if the application of this chapter will disqualify any state or county agency from receiving federal funds or aid. [L 2010, c 68, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-101 Requirements of ethical public procurement.

§103D-101 Requirements of ethical public procurement.
(a) All public employees shall conduct and participate in public procurement in an ethical manner. In conducting and participating in procurement, public employees shall:
(1) Act as a fiduciary and trustee of public moneys;
(2) Remain independent from any actual or prospective bidder, offeror, contractor, or business;
(3) Act only in the public interest;
(4) Abide by the statutes and administrative rules relating to public procurement;
(5) Identify and maximize efficiencies in the public procurement process;
(6) Encourage economic competition by:
(A) Ensuring that all persons are afforded an equal opportunity to compete in a fair and open environment; and
(B) Researching innovative goods and services to meet the public's needs;
(7) Avoid the intent and appearance of unethical behavior;
(8) Avoid social interactions with any actual or prospective bidder, offeror, contractor, business, or other interested parties during the procurement process;
(9) Maintain confidentiality in a manner that ensures a fair procurement process;
(10) Remain impartial in dealings with any actual or prospective bidder, offeror, contractor, business, or other interested parties; and
(11) Identify and eliminate any conflicts of interest.
(b) Any actual or prospective bidder, offeror, [contractor], or business taking part in the conduct of public procurement, shall act in good faith to practice purchasing ethics, and when applicable, display business integrity as a responsible offeror through the public procurement process, including but not limited to the following:
(1) Avoiding the intent and appearance of unethical behavior or business practices;
(2) Refraining from any activity that would create the appearance of impropriety or conflicts of personal interest and the interests of the State or counties;
(3) Identifying and eliminating any conflicts of interest; and
(4) Ensuring that all persons are afforded an equal opportunity to compete in a fair and open environment.
(c) All parties involved in the negotiation, performance, or administration of state contracts shall act in good faith. [L Sp 1993, c 8, pt of §2; am L 2010, c 207, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-103 Retention of written determinations.

§103D-103 Retention of written determinations.
Written determinations required by this chapter shall be retained in the appropriate official files of the chief procurement officer or in the case of delegated authority, in the files of that purchasing agency. [L Sp 1993, c 8, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-104.5 Agricultural products subject to this chapter

§103D-104.5 Agricultural products subject to this chapter
. The following agricultural products shall be subject to this chapter:
(1) Fresh meats and produce; and
(2) Animals and plants.
Except for the exemptions under section 103D-102(b), no exemptions under this chapter shall apply to this section. [L 2009, c 175, §3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-105 Public access to procurement information.

§103D-105 Public access to procurement information.
Government records relating to procurement shall be available to the public as provided in chapter 92F. Part I of chapter 92 shall not apply to discussions, deliberations, or decisions required to be conducted or made confidentially under this chapter. [L Sp 1993, c 8, pt of §2; am L 1995, c 178, §4]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-106 Penalties.

§103D-106 Penalties.
(a) Any person who intentionally violates this chapter or any rules adopted pursuant to this chapter shall be guilty of a misdemeanor and shall be:
(1) Subject to removal from office;
(2) Liable to the State or the appropriate county for any sum paid by it in connection with the violation, and that sum, together with interest and costs, shall be recoverable by the State or county; and
(3) Subject to imposition of an administrative fine under subsection (b).
(b) After reasonable notice and reasonable opportunity to be heard, the chief procurement officer, after consultation with the using agency and the attorney general or corporation counsel, as applicable, may render a written decision or issue a written order providing for the assessment of an administrative fine against a person found to have violated this chapter; provided that:
(1) The amount of the fine shall be set out in rules adopted by the policy board pursuant to section 103D-202; and
(2) The written decision or order shall be final and conclusive, subject to an administrative review under section 103D-709. [L Sp 1993, c 8, pt of §2; am L 2007, c 142, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-107 Compliance audit unit; establishment and purpose.

§103D-107 Compliance audit unit; establishment and purpose.
There is established a compliance audit unit within the office of the auditor. The purpose of this unit shall be to:
(1) Periodically review and audit procurement practices within government to ensure compliance with this chapter and all applicable rules; and
(2) Advocate competition, fairness, and accountability in the procurement process.
Reports made by this unit shall be a matter of public record. This unit shall utilize as part of the review process, a review of records and activities specifically for trends and patterns of occurrence. [L Sp 1993, c 8, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-108 Compliance audit unit; duties and responsibilities.

§103D-108 Compliance audit unit; duties and responsibilities.
The compliance audit unit shall:
(1) Review and assess applicable innovations in procurement methods or processes in other governmental jurisdictions or as described in national or regional publications;
(2) Review current or proposed statutes and rules to determine whether they promote fairness, efficiency, and accountability in the procurement process;
(3) Review selected contracts awarded pursuant to section 103D-304;
(4) Conduct studies, research, and analyses, and make reports and recommendations with respect to existing and new methods of procurement and other matters within the jurisdiction of the policy board;
(5) Establish and maintain a procurement library;
(6) Report to the appropriate agency and the chief procurement officer stating the areas of noncompliance and recommendations for remedial action; and
(7) Be present at legislative hearings and policy board meetings to present the findings of the unit. [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §5]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-109 Compliance audit unit; government officers and employees to cooperate.

§103D-109 Compliance audit unit; government officers and employees to cooperate.
The officers and employees of the State and of each county shall cooperate with this unit and furnish to them such information related to procurement activities as may be called for in connection with the research activities of this unit. The information shall be provided in a timely manner and shall be free of charge. [L Sp 1993, c 8, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-110 Education and training.

§103D-110 Education and training.
(a) The department of human resources development, either alone or in cooperation with any governmental body, including the department of labor and industrial relations, or in cooperation with other states, the federal government, or other persons may:
(1) Conduct or participate in procurement education and training for persons not employed by the State; and
(2) Sponsor a purchasing certification program conducted by a voluntary organization of procurement professionals.
(b) The state procurement office, in cooperation with the department of human resources development, shall develop and maintain a procurement practices training and development program for procurement officers of the State and the several counties, to ensure that an agency's procurement practices are in compliance with the procurement code and that proper procurement decisions are made consistent with this chapter. The program shall include a mandatory fundamental training and development session and follow-up training and development sessions.
(c) Each state procurement officer of a department of the executive branch shall attend a mandatory fundamental training and development session within sixty days of being appointed or named to the position of procurement officer.
(d) Each state procurement officer of a department of the executive branch whom the state procurement office determines is in need of further training and development based upon:
(1) The history of procurement compliance to this chapter by the agency to which the particular procurement officer is attached; or
(2) Any other need for training and development,
shall attend follow-up training and development sessions.
(e) Attendance by state procurement officers at the follow-up training and development sessions, other than as required under subsection (d), and by county procurement officials at the fundamental and follow-up training and development sessions is optional, though encouraged. [L Sp 1993, c 8, pt of §2; am L 1994, c 56, § §1, 22; am L 2008, c 194, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-111 Applicability of chapter 103.

§103D-111 Applicability of chapter 103.
Any provisions of chapter 103 not inconsistent with this chapter shall apply to the procurement of all goods, services, and construction under this chapter. [L Sp 1993, c 8, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-201 Creation and membership of the procurement policy board.

§103D-201 Creation and membership of the procurement policy board.
(a) There is hereby created an autonomous state procurement policy board. The policy board shall be assigned, for administrative purposes only, to the department of accounting and general services.
(b) The policy board shall consist of five members. Notwithstanding the limitations of section 78-4, the members of the board shall include:
(1) The comptroller;
(2) Two members appointed by the governor; provided that one member shall have five years of high-level construction procurement experience and one member shall have five years of high-level county procurement experience;
(3) One member appointed by the president of the senate; provided that the member shall have five years of general procurement experience; and
(4) One member appointed by the speaker of the house of representatives; provided that the member shall have five years of general procurement experience.
Each appointed member shall have demonstrated sufficient business or professional experience to discharge the functions of the policy board. Except as provided in this section, the policy board members shall be subject to the requirements of section 26-34. No member of the policy board shall act concurrently as a chief procurement officer. The members of the policy board shall devote such time to their duties as may be necessary for the proper discharge thereof.
(c) The policy board shall be assisted by employees of the department of accounting and general services, which shall provide at least one full-time support staff and funding necessary to support the policy board.
(d) Members of the policy board shall be reimbursed for any expenses, including travel expenses, reasonably incurred in the performance of their duties.
(e) The chairperson of the policy board shall be elected annually by a majority of its members from among all of its members; provided that the state comptroller shall not be eligible to serve as the chairperson. [L Sp 1993, c 8, pt of §2; am L 1997, c 190, §4 and c 352, §4; am L 1999, c 149, §13; am L 2002, c 148, §7; am L 2022, c 173, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-202 Authority and duties of the policy board.

§103D-202 Authority and duties of the policy board.
Except as otherwise provided in this chapter, the policy board shall have the authority and responsibility to adopt rules, consistent with this chapter, governing the procurement, management, control, and disposal of any and all goods, services, and construction. All rules shall be adopted in accordance with chapter 91; provided that the policy board shall have the power to issue interim rules by procurement directives, which shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91. The interim rules shall be effective for not more than eighteen months. The policy board shall consider and decide matters of policy within the scope of this chapter including those referred to it by a chief procurement officer. The policy board shall have the power to audit and monitor the 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, claim, or litigation pertaining thereto. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §4; am L 1997, c 352, §23]
Case Notes
Section 3-122-66 (repealed), Hawaii administrative rules, was invalid because it exceeded the scope of the state procurement policy board's authority to promulgate rules pursuant to this section; the circuit court did not err in refusing to declare that the rule "has never been valid and has always been ultra vires and void ab initio". 132 H. 333, 322 P.3d 228 (2014).
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-204 Establishment of the state procurement office; administrator.

§103D-204 Establishment of the state procurement office; administrator.
(a) There shall be a state procurement office, placed for administrative purposes only, within the department of accounting and general services, which shall be headed by the administrator of the state procurement office. The administrator shall be the chief procurement officer for those governmental bodies of the executive branch as provided in section [103D-203(a)(8)]. The administrator shall be a full-time public official. The administrator shall serve a term of four years, and shall be paid a salary not to exceed eighty-seven per cent of the salary of the director of human resources development, without diminution during the administrator's term of office unless by general law applying to all deputies or assistants to department heads.
(b) The administrator shall be appointed by the governor from a list of no less than three and no more than five names submitted by the policy board. The appointment of the administrator shall require the advice and consent of the senate. The administrator may only be removed from office by the governor, provided the governor shall give prior notification of such removal to the chairperson of the policy board, the president of the senate, and the speaker of the house of representatives.
(c) The administrator shall have:
(1) A minimum of five years experience in public procurement within twelve years preceding the date of appointment; and
(2) Demonstrated executive and organizational ability.
(d) The administrator shall operate independently of the comptroller. The administrator may appoint and dismiss a private secretary without regard to chapters 76 and 89, who shall serve at the administrator's pleasure. The comptroller shall provide support to permit the administrator to satisfy all of the administrator's responsibilities as the chief procurement officer for those governmental bodies of the executive branch of the State for which a chief procurement officer is not otherwise designated. [L Sp 1993, c 8, pt of §2; am L 1995, c 178, §5 and c 211, §7; am L 1997, c 352, §6; am L 2002, c 148, §8; am L 2005, c 226, §4]
Case Notes
Chief procurement officer authorized under §103D-203 (pre-1997) and this section to make substantial interest determination under §103D-701(f) for public library system was superintendent of education and not administrator of state procurement office. 85 H. 431, 946 P.2d 1.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-205 Authority and duties of the chief procurement officer.

§103D-205 Authority and duties of the chief procurement officer.
(a) For their respective jurisdictions and unless otherwise specifically provided in this chapter, each chief procurement officer shall serve as the central procurement officer for the officer's respective jurisdiction and:
(1) Procure or supervise the procurement of all goods, services, and construction;
(2) Exercise general supervision and control over all inventories of goods;
(3) Sell, trade, or otherwise dispose of surplus goods;
(4) Establish and maintain programs for the inspection, testing, and acceptance of goods, services, and construction;
(5) Coordinate with the administrator regarding procurement policies, opportunities for statewide innovation implementation, and concerns;
(6) Report procurement contract data pursuant to requirements established by the administrator, in the form and manner prescribed by the state procurement office; and
(7) Assist and cooperate with the administrator regarding any compliance review by the administrator pursuant to section 103D-206.
(b) Consistent with the provisions of this chapter and rules adopted by the policy board to implement its provisions, the chief procurement officers may adopt operational procedures to assist in the performance of these duties and responsibilities. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23; am L 2015, c 181, §1; am L 2016, c 253, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-206 Additional duties of the administrator of the procurement office.

§103D-206 Additional duties of the administrator of the procurement office.
In addition
to the duties referred to in section 103D-205, the administrator shall:
(1) Perform periodic review of the procurement practices and procedures of all governmental bodies, in collaboration with the state procurement policy board, for compliance with the procurement code;
(2) Assist, advise, and guide governmental bodies in matters relating to procurement;
(3) Determine corrective actions; provided that if a procurement officer under the jurisdiction of the administrator of the state procurement office or a chief procurement officer of any of the other state entities under section 103D-203, fails to comply with any determination rendered by the administrator within thirty days from the date of the issuance of the determination, or longer if permitted by the administrator upon request by the procurement officer or a chief procurement officer, the procurement officer or chief procurement officer shall be subject to an administrative fine under section 103D-106, for every day of noncompliance;
(4) Develop and administer a statewide procurement orientation and training program;
(5) Develop, distribute, and maintain a procurement manual for all state procurement officials;
(6) Develop, distribute, and maintain a procurement guide for vendors wishing to do business with the State and its counties; and
(7) Develop and administer procurement automation systems, including methods to assess, charge, and collect a transaction fee for the use of the procurement automation systems to cover procurement automation system costs. [L Sp 1993, c 8, pt of §2; am L 2003, c 52, §3; am L 2005, c 166, §3; am L 2008, c 203, §1; am L 2016, c 253, §3; am L 2022, c 176, §3]
Cross References
Procurement institute, see §304A-1352.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-207 Centralization of procurement authority.

§103D-207 Centralization of procurement authority.
Except as otherwise provided in sections 103D-208, 103D-209, and 103D-210, all rights, powers, duties, and authority relating to the procurement of goods, services, and construction, and the management, control, warehousing, sale, and disposal of goods, services, and construction now vested in, or exercised by, the governmental bodies of the State and counties are hereby transferred to the respective chief procurement officers. [L Sp 1993, c 8, pt of §2]
Cross References
Section 103D-210, referred to in text, is repealed. For similar provisions, see §103D-102(b)(4).
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-208 Delegation of authority by the chief procurement officer.

§103D-208 Delegation of authority by the chief procurement officer.
Subject to the rules of the policy board, each chief procurement officer may delegate any authority or duty conferred upon the chief procurement officer by this chapter to designees or to any department, agency or official within their respective jurisdictions. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-209 Authority to contract for certain services.

§103D-209 Authority to contract for certain services.
Except as provided in section 28-8.3 with respect to agencies of the State of Hawaii, any governmental body of this State may act as a purchasing agency and contract on its own behalf for professional services subject to this chapter and rules adopted by the policy board. The purchasing agency may consult with the chief procurement officer or the officer's designee when procuring these services. [L Sp 1993, c 8, pt of §2; am L 1994, c 92, §3 and c 188, § §2, 7; am L 1995, c 178, § §6, 16; am L 1998, c 11, §6]
Note
L 1996, c 262, §25 purports to extend repeal date of June 30, 1995 to June 30, 1998.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-211 Procurement rules.

§103D-211 Procurement rules.
(a) The procurement policy board shall adopt all rules necessary to carry out the purposes of this chapter and to implement its provisions in accordance with chapter 91. The policy board shall not delegate its power to adopt rules.
(b) No rule shall change any commitment, right, or obligation of the State or of a contractor under a contract in existence on the effective date of such rule. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-212 Collection of data concerning public procurement.

§103D-212 Collection of data concerning public procurement.
The chief procurement officer and the heads of all purchasing agencies shall cooperate in the preparation of statistical data concerning the procurement, usage, and disposition of all goods, services, and construction, and employ such trained personnel as may be necessary to carry out this function. All using agencies shall furnish such reports as the chief procurement officer may require concerning usage, needs, and stocks on hand, and the chief procurement officer may prescribe forms to be used by the using agencies in requisitioning, ordering, and reporting of goods, services, and construction. [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-213 Procurement advisory groups.

§103D-213 Procurement advisory groups.
(a) The chief procurement officer may appoint advisory groups to assist in the development of specifications or procurement in specific areas, and any other matters within the authority of the chief procurement officer.
(b) Members of procurement advisory groups may be reimbursed for expenses incurred in the performance of their duties, subject to such expenditure limitations prescribed by the policy board and applicable law. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-301 Methods of source selection.

§103D-301 Methods of source selection.
Unless otherwise authorized by law, all contracts shall be awarded pursuant to the following sections, as applicable:
(1) Section 103D-302 (Competitive sealed bids);
(2) Section 103D-303 (Competitive sealed proposals);
(3) Section 103D-304 (Professional services procurement);
(4) Section 103D-305 (Small purchases);
(5) Section 103D-306 (Sole source procurement); and
(6) Section 103D-307 (Emergency procurements). [L Sp 1993, c 8, pt of §2; am L 2013, c 239, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-303.5 Pre-bid conference.

§103D-303.5 Pre-bid conference.
(a)
At least fifteen days prior to submission of bids pursuant to section 103D-302 for a construction or design-build project with a total estimated contract value of $500,000 or more, and at least fifteen days prior to submission of proposals pursuant to section 103D-303 for a construction or design-build project with a total estimated contract value of $100,000 or more, the head of the purchasing agency shall hold a pre-bid conference and shall invite all potential interested bidders, offerors, subcontractors, and union representatives to attend.
(b) The procurement policy board shall adopt rules under chapter 91 to effectuate this section. [L 2003, c 52, §2]
Revision Note
This section, enacted as an addition to part X, is redesignated to this part pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-305 Small purchases; prohibition against parceling.

§103D-305 Small purchases; prohibition against parceling.
(a) Procurements of less than $100,000 for goods or services, or $250,000 for construction shall be made in accordance with procedures set forth in rules adopted by the policy board that are designed to ensure administrative simplicity and as much competition as is practicable; provided that multiple expenditures shall not be created at the inception of a transaction or project so as to evade the requirements of this chapter; and provided further that procurement requirements shall not be artificially divided or parceled so as to constitute a small purchase under this section.
(b) Procurements greater than $50,000 for construction under subsection (a) shall require security by performance and payment bonds, pursuant to section 103D-324, delivered to the procurement officer, that are:
(1) In a form prescribed by the rules of the policy board;
(2) Executed by a surety company authorized to do business in this State; and
(3) In an amount equal to one hundred per cent of the price specified in the contract,
or shall otherwise be secured by a performance bond in a manner satisfactory to the procurement officer.
(c) Procurements of $25,000 to less than $250,000 shall be made in accordance with small purchase procedures; provided that such small purchase procurements through an electronic system shall be required. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §10; am L 1995, c 178, §11; am L 1997, c 352, §8; am L 2006, c 283, §2; am L 2009, c 175, § §2, 14(1); am L 2010, c 107, §1; am L 2012, c 173, § §2, 5]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-306 Sole source procurement.

§103D-306 Sole source procurement.
(a) A contract may be awarded for goods, services, or construction without competition when the head of a purchasing agency determines in writing that there is only one source for the required good, service, or construction, the determination is reviewed and approved by the chief procurement officer, the written determination is posted in the manner described in rules adopted by the policy board, a review of past performance, if available, has been conducted, and no objection is outstanding. The written determination, any objection, past performance evaluations relied upon, and a written summary of the disposition of any objection shall be included in the contract file.
(b) The written determination shall contain such information as the rules of the policy board require. Persons may file written objections to the issuance of a contract pursuant to this section. Rules of the policy board shall provide for the disposition of objections, including a written summary of the disposition.
(c) The rules of the policy board shall include a non-exhaustive list of procurements which constitute sole source procurements and criteria for determining when a particular procurement may be determined to be a sole source. The rules shall also prescribe when cost or pricing data must be considered and how they are to be used in establishing the price, terms, and conditions, if any, for a contract awarded pursuant to this section. [L Sp 1993, c 8, pt of §2; am L 1995, c 178, §12; am L 1997, c 352, §23; am L 2021, c 188, §6]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-307 Emergency procurements.

§103D-307 Emergency procurements.
(a) The head of a purchasing agency may obtain a good, service, or construction essential to meet an emergency by means other than specified in this chapter when the following conditions exist:
(1) A situation of an unusual or compelling urgency creates a threat to life, public health, welfare, or safety by reason of major natural disaster, epidemic, riot, fire, or such other reason as may be determined by the head of that purchasing agency;
(2) The emergency condition generates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods and the government would be seriously injured if the purchasing agency is not permitted to employ the means it proposes to use to obtain the goods, services, or construction; and
(3) Without the needed good, service, or construction, the continued functioning of government, the preservation or protection of irreplaceable property, or the health and safety of any person will be seriously threatened.
(b) The emergency procurement shall be made with such competition as is practicable under the circumstances and, where practicable, approval from the chief procurement officer shall be obtained prior to the procurement. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. [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-308 Cancellation of invitations for bids or requests for proposals.

§103D-308 Cancellation of invitations for bids or requests for proposals.
An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is in the best interests of the governmental body that issued the invitation, request, or other solicitation, in accordance with rules adopted by the policy board. The reasons therefor shall be made part of the contract file and be publicly posted, for a minimum of ten business days, on a purchasing agency's website, government electronic notification system, or by any other means the procurement officer deems effective for publicizing the cancellation notice. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §9; am L 2022, c 175, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-310 Responsibility of offerors.

§103D-310 Responsibility of offerors.
(a) Unless the policy board, by rules, specifies otherwise, before submitting an offer, a prospective offeror, not less than ten calendar days prior to the day designated for opening offers, shall give written notice of the intention to submit an offer to the procurement officer responsible for that particular procurement.
(b) Whether or not an intention to bid is required, the procurement officer shall determine whether the prospective offeror has the financial ability, resources, skills, capability, and business integrity necessary to perform the work. For the purpose of making a responsibility determination, the procurement officer shall possess or obtain available information, including past performance, sufficient to be satisfied that a prospective offeror meets the applicable standards. The officer, in the officer's discretion, may require any prospective offeror to submit answers, under oath, to questions contained in a standard form of questionnaire to be prepared by the policy board. Whenever it appears from answers to the questionnaire or otherwise, that the prospective offeror is not fully qualified and able to perform the intended work, a written determination of nonresponsibility of an offeror shall be made by the head of the purchasing agency, in accordance with rules adopted by the policy board. The unreasonable failure of an offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such offeror. The decision of the head of the purchasing agency shall be final unless the offeror applies for administrative review pursuant to section 103D-709.
(c) All offerors, upon award of contract, shall comply with all laws governing entities doing business in the State, including chapters 237, 383, 386, 392, and 393. Offerors shall produce documents to the procuring officer to demonstrate compliance with this subsection. Any offeror making a false affirmation or certification under this subsection shall be suspended from further offerings or awards pursuant to section 103D-702. The procuring officer shall verify compliance with this subsection for all contracts awarded pursuant to sections 103D-302, 103D-303, 103D-304, and 103D-306, and for contracts and procurements of $2,500 or more awarded pursuant to section 103D-305; provided that the attorney general may waive the requirements of this subsection for contracts for legal services if the attorney general certifies in writing that comparable legal services are not available in this State.
(d) Information furnished by an offeror pursuant to this section shall not be disclosed to any person except to law enforcement agencies as provided by chapter 92F. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, § §10, 23; am L 2003, c 52, §6; am L 2004, c 216, §4; am L 2005, c 211, §1; am L 2011, c 190, §2; am L 2021, c 188, §7]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-311 Prequalification of suppliers.

§103D-311 Prequalification of suppliers.
(a) The policy board may adopt rules to prequalify prospective suppliers for particular types of goods, services, and construction or to limit a solicitation to prequalified vendors to meet statutory or licensing requirements applying to the solicitation or when the time necessary to verify vendor qualifications would jeopardize timely award of contracts.
(b) A prospective supplier may be prequalified for a particular type of goods or services. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, prequalified suppliers. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-313 Types of contracts.

§103D-313 Types of contracts.
(a) Subject to the limitations of this section, any type of contract that will promote the State's best interests may be used.
(b) Cost-reimbursement and cost-plus-a-percentage-of-cost contracts may be used only when the chief procurement officer determines in writing that such a contract is likely to be less costly than any other type of contract or that it is impracticable to obtain the goods, services, or construction required except by means of such a contract. Cost-reimbursement and cost-plus-a-percentage-of-cost contracts shall not be used if their use would jeopardize the receipt of federal assistance moneys or reduce the amount of such assistance under any applicable federal statute or regulation.
(c) In addition to the requirements of subsections (a) and (b), a cost-plus-a-percentage-of-cost contract may not be awarded unless:
(1) Notice is given to the head of the compliance audit unit, president of the senate, speaker of the house of representatives, and the chairpersons of the senate ways and means and house finance committees; and
(2) Notice is conspicuously posted in an area accessible to the public in the office of the chief procurement officer and available for public inspection during normal business hours.
(d) The policy board shall adopt rules to implement this section. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-314 Approval of accounting system.

§103D-314 Approval of accounting system.
Except with respect to firm fixed-price contracts, no contract shall be used unless it has been determined in writing by the chief procurement officer, the head of a purchasing agency, or a designee of either officer that:
(1) The proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated; and
(2) The proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles. [L Sp 1993, c 8, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-315 Multi-term contracts.

§103D-315 Multi-term contracts.
(a) Unless otherwise provided by law, a contract for goods or services may be entered into for any period of time deemed to be in the best interests of the governmental body, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor.
(b) Prior to the utilization of a multi-term contract, it shall be determined in writing:
(1) That estimated requirements cover the period of the contract and are reasonably firm and continuing;
(2) That such a contract will serve the best interests of the governmental body by encouraging effective competition or otherwise promoting economies in procurement; and
(3) That sufficient funds to pay for the initial term of the contract are available and the funds necessary for the remaining terms of the contract are likely to be available from sources which are identified in writing.
(c) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of goods or services delivered under the contract. The cost of cancellation may be paid from any appropriations available for such purposes. [L Sp 1993, c 8, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-316 Right to inspect plant.

§103D-316 Right to inspect plant.
The State, at reasonable times, may inspect the part of the plant or place of business of a contractor or any subcontractor that is related to the performance of a contract awarded or to be awarded by the State. [L Sp 1993, c 8, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-317 Right to audit records.

§103D-317 Right to audit records.
(a) The purchasing agency, at reasonable times and places, may audit the books and records of any person who has submitted cost or pricing data pursuant to section 103D-312 to the extent that such books and records relate to such cost or pricing data. Any person who receives a contract, change order, or contract modification for which cost or pricing data is required, shall maintain such books and records that relate to such cost or pricing data for three years from the date of final payment under the contract, unless another period is otherwise authorized in writing.
(b) The purchasing agency shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a fixed-price contract to the extent that such books and records relate to the performance of such contract or subcontract. The books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract, unless another period is otherwise authorized in writing. [L Sp 1993, c 8, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-318 Finality of determinations

§103D-318 Finality of determinations
. The determinations required by sections 103D-302(g), 103D-303(a), 103D-303(g), 103D-306, 103D-307, 103D-310, 103D-312(e), 103D-313, and 103D-314 shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law. [L Sp 1993, c 8, pt of §2; am L 2016, c 253, §5]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-319 Reporting of anticompetitive practices.

§103D-319 Reporting of anticompetitive practices.
When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general. [L Sp 1993, c 8, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-320 Retention of procurement records; evaluations.

§103D-320 Retention of procurement records; evaluations.
All procurement records shall be retained and disposed of in accordance with chapter 94 and records retention guidelines and schedules approved by the comptroller. Written past performance evaluations for all procurements over the small purchase threshold shall be maintained in the processing department's procurement files and in the statewide past performance database. [L Sp 1993, c 8, pt of §2; am L 2021, c 188, §8]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-322 Multiple awards.

§103D-322 Multiple awards.
The policy board may adopt rules authorizing the use and prescribing the manner in which goods, services, or construction may be procured through multiple awards. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-323 Bid security.

§103D-323 Bid security.
(a) Unless the policy board determines otherwise by rules, bid security shall be required only for construction contracts to be awarded pursuant to sections 103D-302 and 103D-303 and when the price of the contract is estimated by the procurement officer to exceed $25,000 or, if the contract is for goods or services, the purchasing agency secures the approval of the chief procurement officer. Bid security shall be a bond provided by a surety company authorized to do business in the State, or the equivalent in cash, or otherwise supplied in a form specified in rules.
(b) Bid security shall be in an amount equal to at least five per cent of the amount of the bid.
(c) Unless, pursuant to rules, it is determined that a failure to provide bid security is nonsubstantial, all bids required to be accompanied by bid security shall be rejected when not accompanied by the required bid security.
(d) After the bids are opened, they shall be irrevocable for the period specified in the invitation for bids, except as provided in section 103D-302(g). If a bidder is permitted to withdraw its bid before award, no action shall be had against the bidder or the bid security. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §11; am L 1997, c 352, §23]