reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-107 Medicaid contracts; nonprofits and for-profits; reporting requirements.

§103F-107 Medicaid contracts; nonprofits and for-profits; reporting requirements.
(a) All nonprofit or for-profit medicaid healthcare insurance contractors, within one hundred and eighty days following the close of each fiscal year, shall submit an annual report to the department of human services, the insurance division of the department of commerce and consumer affairs, and the legislature. The report shall be attested to by a plan executive located within the State and shall be made accessible to the public.
The report shall be based on contracts administered in the State and shall include:
(1) An accounting of expenditures of MedQuest contract payments for the contracted services, including the percentage of payments:
(A) For medical services;
(B) For administrative costs;
(C) Held in reserve; and
(D) Paid to shareholders;
(2) Employment information including:
(A) Total number of full-time employees hired for the contracted services;
(B) Total number of employees located in the State and the category of work performed; and
(C) The compensation provided to each of the five highest paid Hawaii employees and to each of the five highest paid employees nationwide, and a description of each position;
(3) Descriptions of any ongoing state or federal sanction proceedings, prohibitions, restrictions, ongoing civil or criminal investigations, and descriptions of past sanctions or resolved civil or criminal cases, within the past five years and related to the provision of medicare or medicaid services by the contracting entity, to the extent allowed by law;
(4) Descriptions of contributions to the community, including the percentage of revenue devoted to Hawaii community development projects and health enhancements; provided that contracted services shall not be included in the percentage calculation; and
(5) A list of any management and administrative service contracts for MedQuest services made in Hawaii and outside of the State, including a description of the purpose and cost of those contracts.
(b) The department of human services shall include in all medicaid healthcare insurance plan contracts, the annual reporting requirements of subsection (a).
(c) Any contract under this section shall be governed by the laws of the State of Hawaii.
(d) Within ninety days of receipt of the reports required by this section, the department of human services shall provide a written analysis and comparative report to the legislature. [L Sp 2009, c 12, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-201 Interagency committee on purchase of health and human services.

§103F-201 Interagency committee on purchase of health and human services.
The administrator shall establish an interagency committee on purchase of health and human services comprised of heads of purchasing agencies or their designated representatives. Staff shall be provided by the state procurement office. The interagency committee shall assist the administrator in:
(1) Securing input from providers to facilitate agency decision-making to assess needs, plan, budget, and purchase health and human services;
(2) Establishing schedules for planning and purchasing health and human services in relation to the annual and biennial budget cycles;
(3) Developing criteria to evaluate proposals to provide health and human services, and for restrictive purchases under section 103F-403; and
(4) Meeting the needs of purchasing agencies and providers for education and training to improve planning for or purchasing of health and human 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-203 Participation of providers.

§103F-203
Participation of providers
. (a) Prior to a state agency's release of a request for proposal under section 103F-402, at the request of the agency, a provider shall participate in the agency's development of a delivery plan for health and human services, including, as necessary:
(1) The sharing of information on community needs, best practices, and providers' resources;
(2) Evaluating efficiencies in delivering existing services and recommending strategies for eliminating gaps in service delivery; and
(3) Recommending cost-efficient and effective service alternatives.
(b) A state agency may include a provision in a contract awarded under this chapter a requirement that the provider participate in planning pursuant to subsection (a); provided that notice of this requirement shall be provided in the request for proposals; and provided further that participation in planning pursuant to subsection (a) shall not disqualify a provider from submitting responses to requests for proposals. [L 1997, c 190, pt of §2; am L 2012, c 4, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-301 Powers and duties of the administrator.

§103F-301 Powers and duties of the administrator.
The administrator of the state procurement office shall carry out the following duties:
(1) Assist, advise, and guide state agencies in matters relating to planning and purchasing health and human services;
(2) Establish and maintain a central health and human services contracts database;
(3) Develop and administer a statewide orientation and training program for purchasing agency employees, provider organization employees, and all other interested parties on all matters relating to carrying out the purposes of this chapter;
(4) Develop, distribute, and maintain a health and human service procurement manual for all state procurement officials;
(5) Develop, distribute, and maintain a procurement guide for health and human service vendors wishing to do business with the State;
(6) Perform periodic review of the procurement practices of all governmental bodies which purchase health and human services;
(7) Contract for such services as may be necessary for the purposes of this chapter; and
(8) Establish and fill such positions as may be necessary to carry out the functions of this chapter, without regard to chapters 76 and 89. [L 1997, c 190, pt of §2; am L 2002, c 148, §10]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-302 Delegation of authority of the administrator of the state procurement office.

§103F-302
Delegation of authority of the administrator of the state procurement office.
Subject to rules adopted pursuant to this chapter, the administrator may delegate any authority or responsibility conferred by this chapter to a head or the heads of purchasing agencies.
[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-401 Methods of selection.

§103F-401 Methods of selection.
Unless otherwise provided by law, all contracts for purchases of health and human services shall be awarded by competitive purchase of services pursuant to section 103F-402, except as provided in:
(1) Section 103F-403 (Restrictive purchase of services);
(2) Section 103F-404 (Treatment purchase of services);
(3) Section 103F-405 (Small purchases); and
(4) Section 103F-406 (Crisis purchase of 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-402 Competitive purchase of services.

§103F-402
Competitive purchase of services.
(a) State agencies to which the legislature has appropriated funds for the purchase of health and human services shall solicit proposals to provide health and human services by purchase of health and human services contracts, by publishing a notice requesting the submission of health and human service proposals; provided that a purchasing agency shall not solicit proposals for any medicaid managed care contract under this section if the anticipated contract sum exceeds $100,000,000 and the commencement date of the contract is after the expiration of the term of office of the head of the purchasing agency. Notice of the request for proposals shall be given a reasonable time before the date set forth in the request for submission of proposals. The policy board shall adopt rules which specify:
(1) The form of the notice;
(2) What constitutes a reasonable interim between notice and the proposal submission deadline; and
(3) How the notice is to be published, including whether the publication is to be completed in a newspaper of general circulation, by mail, through a public or private telecommunications network, or any other method or combination of methods which the board deems appropriate.
(b) The request shall state all criteria which will be used to evaluate proposals, and the relative importance of the proposal evaluation criteria.
(c) Any applicant who has a question regarding a request may submit the question to the head of the purchasing agency, or a designee, prior to the proposal submission deadline. The head of the purchasing agency, or a designee, shall provide a response in the form of a clarification, or an amendment of the request, that shall be made available to all those who picked up a request.
(d) Proposals shall be opened so as to avoid disclosure of contents to competing applicants during the process of proposal evaluation. A register of proposals shall be prepared and available for public inspection after proposal submission.
(e) If stated in the request, discussions, as provided by rule, may be held with applicants for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Applicants shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing applicants. [L 1997, c 190, pt of §2; am L 2010, c 71, §2; am L 2015, c 20, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-403 Restrictive purchase of services.

§103F-403
Restrictive purchase of services
. (a) A contract for the purchase of health and human services may be awarded without competition when the head of a purchasing agency determines in writing that there is a basis for restricting the purchase to a purchase from one provider, and the chief procurement officer approves the restrictive purchase determination in writing. Bases for restrictive purchase of services shall include, but are not limited to:
(1) Need for a service in a geographic area available from only one provider;
(2) Need for a service with a unique cultural approach designed for a limited target group available from only one provider; and
(3) When only one provider satisfies limitations imposed by the source of funds for the procurement.
(b) A purchasing agency shall submit the written determination with evidence supporting the request for a restrictive purchase of services to the chief procurement officer. The determination shall be reviewed by the chief procurement officer and, if approved, a notice of intent to issue a restrictive purchase of services contract shall be posted in a manner that makes it accessible to the public.
(c) The policy board shall adopt rules to allow a reasonable opportunity for objections to be filed, including:
(1) The manner in which notice is to be posted;
(2) The duration of notice posting; and
(3) The contents of the notice including, but not limited to, the name of the provider to be issued the contract, the date on which the contract is to be awarded, a statement indicating that any person may file written objections to the issuance of the contract, the address of the person or agency with whom the objections are to be filed, and the date by which the objections are to be filed.
(d) The written determination, any objections, and a written summary of the disposition of any objection shall be included in the contract database. [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-405 Small purchases.

§103F-405
Small purchases.
Purchases of health and human services for an amount less than the threshold established in section 103D-305(a) for goods and services are small purchases, and shall be made in accordance with rules adopted by the policy board. [L 1997, c 190, pt of §2; am L 2023, c 45, §3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-406 Crisis purchase of services.

§103F-406 Crisis purchase of services.
(a) The head of a purchasing agency may contract to purchase health and human services essential to meet a crisis by means other than specified in this chapter if:
(1) The crisis results from domestic violence, physical or mental illness or injury, homelessness, lack of food, or such other reason, and seriously threatens life, the health, or the safety of any person; and
(2) The crisis generates an immediate and serious need for health or human services which cannot be met through services available from the departments of health or human services, or under other provisions of this chapter.
(b) The crisis purchase of services 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 purchase. A written determination of the need to make a crisis purchase, and the reasons for selecting the provider shall be included in the contract file. [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-407 Amendment and cancellation of requests.

§103F-407
Amendment and cancellation of requests.
A request may be amended or canceled, or any or all proposals may be rejected in whole or in part, as specified in the request or in accordance with rules adopted by the policy board, when it is in the best interest of the state agency which issued the request to amend or cancel the request, or reject proposals in whole or in part. The reason for amending or canceling a request, or for rejecting proposals in whole or in part shall be set out in writing and included in the contract file, and made available to 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-408 Modification and termination of contracts.

§103F-408
Modification and termination of contracts.
(a) The policy board shall adopt rules specifying when a contract clause providing for adjustments in time of performance, scope of service, payment amount and terms, or other contract provisions as appropriate, by prior written consent of the parties, may be included in a contract to purchase health and human services.
(b) The policy board shall adopt rules requiring the inclusion of a contract clause providing for termination of the contract, either in whole or in part, for non-performance, reduction in funds available to pay the provider, or a change in the conditions upon which the need for the service was based. The purchasing agency shall be required to provide advance written notice to the provider organization with the reasons for the termination. [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-409 Types of contracts.

§103F-409
Types of contracts
. (a) Any contract that will promote the State's best interests may be used.
(b) A standard contract form for health and human services, including purchases and grants, shall be provided to governmental bodies by the attorney general that may be utilized, at the option of the head of the purchasing agency, without requiring prior approval as to form by the attorney general so long as no substantive changes are made to the form and the contents are appropriate.
(c) Each contract shall expressly state that the recipient or provider is an independent contractor and provide that the recipient or provider shall indemnify and hold harmless the State, the appropriate contracting agency, and the appropriate officers, employees, and agents from and against all claims, damages, and costs arising out of or in connection with the acts or omissions of the recipient or provider. [L 1997, c 190, pt of §2; am L 2014, c 96, §15]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-410 Multi-term contracts.

§103F-410
Multi-term contracts
. A contract for health and human services may be for any period of time and for multiple terms if the head of a purchasing agency deems it to be in the best interest of the purchasing agency to enter into an extended term or multi-term contract, provided the possibility of an extended term or multi-term contract is included in the request for proposals, if applicable, funds are available for the first fiscal period of the initial term of the contract when the contract is executed, and the contract expressly provides that extension or renewal is subject to the availability and appropriation of 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-411 Multiple awards

§103F-411 Multiple awards
. Most contracts for the competitive purchase of health and human services will be through the award of multiple contracts, and the policy board shall adopt rules prescribing the manner in which multiple contracts are to be awarded. [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-412 Time line.

§103F-412
Time line
. At least once annually, the administrator shall give public notice, as provided by rules, of the types of health and human services state agencies anticipate they will need so that providers may have advance notice of possible future opportunities to submit proposals. [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-413 Interim measure for assuring continuation of services.

§103F-413
Interim measure for assuring continuation of services.
If funds are appropriated and available, the chief procurement officer, or a designee, may extend the term of a contract which has not terminated for up to six months after the termination date of the contract, to assure the provision of services to the public without disruption. [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-414 Allotment.

§103F-414
Allotment.
Contracts to expend and appropriations for the purchase of health and human services shall be subject to the allotment system generally applicable to all appropriations made by the legislature.
[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-502 Right to request reconsideration.

§103F-502
Right to request reconsideration
. (a) A request for reconsideration of a decision of the head of the purchasing agency under section 103F-501 shall be submitted to the chief procurement officer not later than five working days after the receipt of the written decision, and shall contain a specific statement of the factual and legal grounds upon which reversal or modification is sought.
(b) A request for reconsideration may be made only to correct a purchasing agency's failure to comply with section 103F-402 or 103F-403, rules adopted to implement the sections, or a request for proposal, if applicable.
(c) The chief procurement officer may uphold the previous decision of the head of the purchasing agency or reopen the protest as deemed appropriate.
(d) A decision under subsection (c) shall be final and conclusive. [L 1997, c 190, pt of §2]
Case Notes
As nothing in this chapter expressly precluded judicial review, it did not violate the separation of powers doctrine; judicial review was available in connection with chapter 103F by way of a declaratory action under §632-1. 127 H. 76, 276 P.3d 645 (2012).
Under the circumstances of the case, the decisions of the administrative officers of the department of education to reject the proposal of petitioner that responded to a request for proposals to provide health and human services under contracts pursuant to this chapter were subject to judicial review; § §103F-501 and 103F-504 and subsection (c) do not prohibit judicial review. 127 H. 263, 277 P.3d 988 (2012).
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103F. Purchases of Health and Human Services › 103F-503 Award of contract suspended during a protest.

§103F-503
Award of contract suspended during a protest
. In the event of a timely protest, or request for reconsideration, no further action to award the contract until the issue is resolved shall be taken, unless the chief procurement officer makes a written determination that the award of the contract without delay is necessary to protect the health, safety, or welfare of a person, as provided by rules. [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-504 Exclusivity of remedies.

§103F-504
Exclusivity of remedies.
The procedures and remedies provided for in this part, and the rules adopted by the policy board, shall be the exclusive means available for persons aggrieved in connection with the award of a contract to resolve their concerns. [L 1997, c 190, pt of §2]
Case Notes
As nothing in this chapter expressly precluded judicial review, it did not violate the separation of powers doctrine; judicial review was available in connection with chapter 103F by way of a declaratory action under §632-1. 127 H. 76, 276 P.3d 645 (2012).
Under the circumstances of the case, the decisions of the administrative officers of the department of education to reject the proposal of petitioner that responded to a request for proposals to provide health and human services under contracts pursuant to this chapter were subject to judicial review; § §103F-501 and 103F-502(c) and this section do not prohibit judicial review. 127 H. 263, 277 P.3d 988 (2012).
Although §632-1 generally endorses declaratory relief in civil cases, it disallows such relief where a statute provides a special form of remedy for a specific type of case; where this chapter provided for a protest process under §103F-501 through this section, and this section limited the protestor to an administrative process as the "exclusive means" to resolve contract disputes, declaratory relief under §632-1 was unavailable because §632-1 specifically mandates that the statutory remedy provided in this chapter must be followed. 125 H. 200 (App.), 257 P.3d 213.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-1 Definitions.

Note
Sections 104-1 to 104-4 designated as Part I by L 1995, c 181, §1.
§104-1 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
"Basic hourly rate" means the hourly wage paid to a laborer or mechanic for work performed during nonovertime hours, but shall not include the cost to an employer of furnishing fringe benefits, whether paid directly or indirectly to the laborer or mechanic as provided in the definition of "wages".
"Construction" includes alteration, repair, painting, and decorating.
"Contractor" means any person furnishing construction for a public work under a contract with a governmental contracting agency, subcontractor, or any other person under a subcontract arrangement with any person who has a construction contract subject to this chapter.
"Department" means the department of labor and industrial relations.
"Director" means the director of labor and industrial relations of the State.
"Governmental contracting agency" means the State, any county and any officer, bureau, board, commission, or other agency or instrumentality thereof.
"Overtime compensation" means compensation based on not less than one and one-half times the laborers or mechanics basic hourly rate of pay plus the cost to an employer of furnishing a laborer or mechanic with fringe benefits as described in the definition of "wages"; provided that if the department determines that a prevailing wage is defined by a collective bargaining agreement, the overtime compensation shall be at the rates set by the applicable collective bargaining agreement.
"Public work" means any project, including development of any housing pursuant to section 46-15 or chapter 201H and development, construction, renovation, and maintenance related to refurbishment of any real or personal property, where the funds or resources required or used to undertake the project are to any extent derived, either directly or indirectly, from public revenues of the State or any county, or from the sale of securities or bonds whose interest or dividends are exempt from state or federal taxes.
"Wages", "rate of wages", "wage rates", "minimum wages" and "prevailing wages" mean the basic hourly rate and the cost to an employer of furnishing a laborer or mechanic with fringe benefits, including but not limited to health and welfare benefits, vacation benefits, and pension benefits, whether paid directly or indirectly to the laborer or mechanic. [L 1955, c 133, pt of §2; RL 1955, §9A-1; am L Sp 1959 2d, c 1, §38; am L 1963, c 44, §1; HRS §104-1; am L 1987, c 288, §2; am L 1988, c 141, §11; am L 1995, c 181, §3; am L 2014, c 130, §2; am L 2015, c 165, §1; am L 2019, c 191, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-2.5 Public work requirements; private construction contracts.

§104-2.5 Public work requirements; private construction contracts.
(a) Section 104-2 notwithstanding, for purposes of this chapter, public work shall also include a construction contract between private persons if more than fifty per cent of the assignable square feet of a project is leased or assigned for use by the State, any county, or any agency of the State or any county, whether or not the property is privately owned, and:
(1) The lease or other agreement is entered into prior to the construction contract becoming effective; or
(2) Construction work is performed according to a plan, specifications, or criteria established by the State, any county, or any agency of the State or any county.
(b) Prior to the start of construction on a project, the construction project owner shall sign a lease or other agreement with the governmental leasing agency or the governmental agency accepting the construction project for its use to certify the construction project owner's compliance with this chapter, including payment of prevailing wages.
(c) Copies of the lease or other agreement under subsection (b) shall be filed with the department and the department of accounting and general services. The construction project owner shall submit weekly certified payrolls to the governmental leasing agency or the governmental agency accepting the construction project for its use, which shall be the governmental contracting agency for the construction project. [L 2007, c 62, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-2.7 Provisions of law; waiver.

§104-2.7 Provisions of law; waiver.
No provision of this chapter may in any way be contravened or set aside by private contract. [L 2014, c 130, §1]
Note
Section applies to all contracts entered into on or after July 1, 2014. L 2014, c 130, §9.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-3 Payrolls and payroll records.

§104-3 Payrolls and payroll records.
(a) Every contract subject to this chapter and the specifications for those contracts shall contain a provision that a certified copy of all payrolls and a certified copy of a fringe benefit reporting form supplied by the department or any certified form that contains all of the required fringe benefit information shall be submitted weekly to the governmental contracting agency for review. The fringe benefit reporting form shall itemize the cost of fringe benefits paid by the general contractor or subcontractor for:
(1) Health and welfare benefits;
(2) Pension and annuity benefits;
(3) Vacation benefits;
(4) Continuing education and training benefits; and
(5) Other fringe benefit costs paid by the general contractor or subcontractor.
The general contractor shall be responsible for the submission of certified copies of the payrolls of all subcontractors. The certification shall affirm that the payrolls are correct and complete, that the wage rates contained therein are not less than the applicable rates contained in the wage determination decision of the director of labor and industrial relations attached to the contract, and that the classifications set forth for each laborer or mechanic conform with the work the laborer or mechanic performed. Any certification discrepancy found by the contracting agency shall be reported to the general contractor and the director to effect compliance.
(b) Payroll records for all laborers and mechanics working at the site of the work shall be maintained by the general contractor and the general contractor's subcontractors, if any, during the course of the work and preserved for a period of three years thereafter. The records shall contain the name of each employee, the employee's correct classification, rate of pay, the itemized fringe benefit reporting form pursuant to subsection (a), daily and weekly number of hours worked, deductions made, and actual wages paid.
(c) The contractor shall make payroll records available for examination within ten days from the date of a written request by a governmental contracting agency, director, or any authorized representatives thereof. Any contractor who:
(1) Fails to make payroll records accessible within ten days;
(2) Fails to provide information requested for the proper enforcement of this chapter within ten days; or
(3) Fails to keep or falsifies any record required under this chapter,
shall be assessed a penalty as provided in section 104-22(b). [L 1959, c 167, §1; am L Sp 1959 2d, c 1, §27; Supp, §9A-2.5; HRS §104-3; gen ch 1985; am L 1998, c 280, §1; am L Sp 2009, c 10, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-4 Termination of work on failure to pay agreed wages; completion of work; contract and specifications provision.

§104-4 Termination of work on failure to pay agreed wages; completion of work; contract and specifications provision.
Every contract and the specifications for such contract shall contain a provision that if the governmental contracting agency finds that any laborer or mechanic employed on the job site by the contractor or any subcontractor has been or is being paid wages at a rate less than the required rate by the contract or the specifications, or has not received the laborer's or mechanic's full overtime compensation, the governmental contracting agency may, by written notice to the contractor, terminate the contractor's right, or the right of any subcontractor, to proceed with the work or with the part of the work in which the required wages or overtime compensation have not been paid and may complete such work or part by contract or otherwise, and the contractor and the contractor's sureties shall be liable to the governmental contracting agency for any excess costs occasioned thereby. [L 1955, c 133, pt of §2; RL 1955, §9A-3; HRS §104-4; gen ch 1985]
Attorney General Opinions
The notion of immediately suspending a contractor from doing work was contemplated as evidenced by this section's requirement that a public work contract contain specifications which allow the governmental contracting agency to "terminate the contractor's right ... to proceed with the work or with the part of the work in which the required wages or overtime compensation have not been paid". Att. Gen. Op. 97-8.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-21 Governmental contracting agency responsibilities.

§104-21 Governmental contracting agency responsibilities.
The governmental contracting agency shall:
(1) Pay or cause to be paid, within sixty days of a determination made by the director, directly to laborers and mechanics or to the director, from any accrued payment withheld under the terms of the contract, any wages or overtime compensation found to be due to laborers or mechanics under the terms of the contract subject to this chapter, or any penalty assessed;
(2) Order any contractor to pay, within sixty days of a determination made by the director, any wages or overtime compensation which the contractor, or any of the contractor's subcontractors, should have paid to any laborer or mechanic under any contract subject to this chapter, or any penalty assessed which the contractor, or any of the contractor's subcontractors, should have paid to the director; and
(3) Report to the director any violation of this chapter, the rules adopted thereunder, or the terms of the contract subject to this chapter. [L 1995, c 181, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-22 Investigation; penalties.

§104-22 Investigation; penalties.
(a) The department may conduct investigations to determine compliance with this chapter. The department may enter the job site, examine records of any contractor, either during or after the performance of any contract, or subpoena the records. The department may also interview employees during working hours on the job.
(b) If any contractor interferes with or delays any investigation by the department, the governmental contracting agency, on receipt of written notice from the director of the interference or delay, shall withhold from the contractor all further payments until the director has notified the governmental contracting agency in writing that the interference or delay has ceased. Interference or delay includes failure to provide requested records under section 104-3; failure to allow employees to be interviewed during working hours on the job; and falsification of records required under this chapter. The department shall assess a penalty of $10,000 per project for interference or delay. For each day thereafter that the employer fails to cooperate, the director shall assess a penalty of $1,000 per project.
(c) The names of all complainants shall be withheld from the employer unless prior permission is given by the complainant to release the complainant's name. [L 1995, c 181, pt of §2; am L 1998, c 280, §2; am L 2014, c 130, §4; am L 2015, c 167, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-23 Notification of violation.

§104-23 Notification of violation.
(a) When the department, either as a result of a report by a contracting agency or as a result of the department's own investigation, finds that a violation of this chapter or of the terms of the contract subject to this chapter has been committed, the department shall issue a notification of violation to the contractor or subcontractor involved.
(b) A notification of violation shall be final and conclusive unless within twenty days after a copy has been sent to the contractor, the contractor files a written notice of appeal with the director.
(c) A hearing on the written notice of appeal shall be held by a hearings officer appointed by the director in conformance with chapter 91.
Hearings on appeal shall be held within sixty days of the notice of appeal and a decision shall be rendered by the hearings officer within sixty days after the conclusion of the hearing, stating the findings of fact and conclusions of law. The hearings officer may extend the due date for decision for good cause; provided that all parties agree. [L 1995, c 181, pt of §2; am L 1998, c 46, §1; am L 2014, c 130, §5]
Case Notes
In the absence of an express time frame within which the labor director must issue a notice of violation (NOV) under this section, the department must issue notifications of violations within a reasonable time; department's two-year delay in issuing a third NOV was unreasonable as it did not have to wait until the appeal on the second NOV had been completed before determining whether another violation had taken place. 104 H. 412, 91 P.3d 494.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-24 Violations; penalties.

§104-24 Violations; penalties.
(a) Where the department finds that a first violation of this chapter has been committed, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be jointly and severally liable for a penalty equal to twenty-five per cent of the amount of back wages found due or $250 for each offense, up to $2,500, whichever is greater.
(b) Where the department finds that a second violation of this chapter has been committed, whether on the same or another contract, within two years of the first notification of violation, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be jointly and severally liable for a penalty equal to the amount of back wages found due or $500 for each offense, up to $5,000, whichever is greater.
(c) Where the department finds that a third violation of this chapter has been committed, whether on the same or another contract, within three years of the second notification of violation, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be:
(1) Jointly and severally liable for a penalty equal to two times the amount of back wages found due or $1,000 for each offense, up to $10,000, whichever is greater; and
(2) Suspended from doing any new work on any public work of a governmental contracting agency for a period of three years except as provided in section 104-25(a)(2). The suspension shall be effective on the later of the twenty-first day after the notification of violation has been sent, or upon the issuance of a decision pursuant to section 104-23(c).
(d) A first, second, or third violation refers to each project in which the department finds that a contractor has failed to comply with this chapter.
(e) Both the person and firm shall be listed on each notice of violation.
(f) For purposes of this section:
"Firm" includes a corporation, limited liability company, partnership, and limited partnership.
"New work on any public work" includes any public works project in which the suspended person or firm has not begun work at the job site as of the date of the suspension order.
"Offense" means each section of this chapter under which the contractor is cited; provided that, with respect to prevailing wage and overtime citations under section 104-2, each employee and each project shall be considered a separate offense.
"Person" includes a sole proprietor and the principal responsible managing employee that holds the contractors license of the firm. [L 1995, c 181, pt of §2; am L 1999, c 251, §1; am L 2011, c 160, §2; am L 2014, c 130, §6; am L 2016, c 192, §1; am L 2023, c 51, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-25 Suspension.

§104-25 Suspension.
(a) The director shall suspend a person and firm as follows:
(1) For a first or second violation, if a person or firm fails to pay wages found due or any penalty assessed, or both, the person and firm shall be immediately suspended from doing any work on any public work of a governmental contracting agency until all wages and penalties are paid in full;
(2) For a third violation, the suspension shall be as prescribed in section 104-24(c); provided that, if the person or firm continues to violate this chapter or fails to pay wages found due or any penalty assessed, or both, then the person and firm shall immediately be suspended from doing any work on any public work of a governmental contracting agency for a mandatory three-year period. If after the three-year suspension period the wages found due or penalties assessed are still unpaid, the suspension shall remain in force until payment is made in full; or
(3) For falsification of records, or for delay or interference with an investigation pursuant to section 104-22, the person and firm shall be immediately suspended for a period of three years.
(b) The director shall immediately notify the governmental contracting agency, comptroller, auditor or director of finance of the county, and, in the case of a suspended subcontractor, general contractor of any suspension order.
(c) No contract shall be awarded to the person and firm so suspended or to any firm, corporation, partnership, or association in which the person or firm has an interest, direct or indirect, until three years have elapsed from the date of suspension, unless the period of suspension is reduced or extended as herein provided. Any contract awarded in violation of this subsection shall be void.
(d) For purposes of this section, "person" shall have the same meaning as in section 104-24. [L 1995, c 181, pt of §2; am L 1999, c 251, §2; am L 2008, c 146, §2; am L 2014, c 130, §7; am L 2023, c 51, §2]
Attorney General Opinions
Section required a contractor to be immediately suspended from doing work on existing contract and be prohibited from entering into new contracts for future work. Att. Gen. Op. 97-8.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-26 Judicial review.

§104-26 Judicial review.
(a) Any party to an appeal under this chapter may obtain judicial review of the decision on the appeal in the manner provided in chapter 91.
(b) Any suspension or dismissal of any complaint under this chapter shall be subject to appeal in circuit court by the aggrieved party, under section 91-14 and rule 72 of the Hawaii rules of civil procedure. [L 1995, c 181, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-27 Liability.

§104-27 Liability.
If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics for wages or overtime compensation due under this chapter, and the contractor has failed to pay the wages or overtime compensation, the contractor and the contractor's sureties shall be liable to the laborers and mechanics in the amount of the unpaid wages and overtime compensation due, and in an additional equal amount as liquidated damages. However, any claim for liquidated damages, insofar as the surety or sureties are concerned, shall not be paid until the claims of all other creditors have been satisfied. [L 1995, c 181, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-28 Civil action.

§104-28 Civil action.
(a) The following civil actions may be instituted in any court of competent jurisdiction:
(1) An action to recover unpaid wages or overtime compensation may be maintained by any one or more laborers or mechanics for and on behalf of oneself or themselves and others similarly situated; and
(2) An action for injunctive and other relief against an employer that fails to pay the prevailing wage to its employees as required by this chapter by a joint labor-management committee established pursuant to section 175a of the federal Labor Management Cooperation Act of 1978 (29 U.S.C. 175a).
(b) The court, in its action and in addition to any judgment awarded to the plaintiff or plaintiffs, shall allow reasonable attorney's fee and costs of the action to be paid by the defendant.
(c) It shall be no defense that the laborers and mechanics accepted or agreed to accept less than the required rate of wages or overtime compensation or voluntarily made refunds.
(d) When a written request is filed by any laborer or mechanic with the director claiming unpaid wages or overtime compensation under this chapter, the director, after receiving an assignment from the laborer or mechanic, may bring an action in any court of competent jurisdiction to recover the amount of the claim. The consent of any laborer or mechanic to the bringing of such action by the director, unless the action is dismissed without prejudice on motion of the director, shall constitute a waiver by the laborer or mechanic of any right of action the laborer or mechanic may have under subsection (a). Any amount recovered by the director before suit and accepted by the laborer or mechanic as payment in full shall constitute a waiver of any rights under this chapter. [L 1995, c 181, pt of §2; am L 2007, c 16, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-29 Rules.

§104-29 Rules.
Subject to chapter 91, the director shall adopt reasonable rules for determining the prevailing wages, enforcement, administration, and general purposes of this chapter. These rules shall have the force and effect of law. [L 1995, c 181, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-30 Application of this chapter to contracts entered into without regard to other laws.

§104-30 Application of this chapter to contracts entered into without regard to other laws.
The fact that a contract is or was entered into without regard to chapter 103D, or upon a cost-plus-a-fixed fee basis, or cost-plus-a-fixed percentage basis, or without advertising for proposals, shall not render this chapter inapplicable to the contract, if otherwise this chapter would be applicable. [L 1995, c 181, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-31 Effect on other laws.

§104-31 Effect on other laws.
Neither this chapter nor any rule or other action under this chapter shall supersede or impair any minimum wage or maximum hour law or any authority otherwise granted by law to provide for the establishment of specific minimum or other wage rates. [L 1995, c 181, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-32 Suspension during emergency.

§104-32 Suspension during emergency.
During a national emergency declared by the President or the Congress of the United States, or a state of emergency declared by the governor, subject to the provisions of section 127-10 or 128-7, the governor, by executive order in writing, may suspend this chapter; provided that the governor may not suspend this chapter except in the event such an emergency occurs and is so proclaimed. [L 1995, c 181, pt of §2; am L 2008, c 61, §1]