reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-325 Bond forms and copies.

§103D-325 Bond forms and copies.
(a) The policy board shall specify the form of the bonds required by this chapter by procurement directive.
(b) Any person may request and obtain from the State a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §12]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-326 Fiscal responsibility.

§103D-326 Fiscal responsibility.
Every contract modification, change order, or contract price adjustment under a contract shall be subject to prior written certification by the appropriate fiscal officer for funding the project or the contract, as to the effect of the contract modification, change order, or adjustment in contract price on the total project budget or the total contract budget. In the event that the certification of the fiscal officer discloses a resulting increase in the total project budget or the total contract budget, the procurement officer shall not execute or make such contract modification, change order, or adjustment in contract price unless sufficient funds are available therefor, or the scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project budget or total contract budget as it existed prior to the contract modification, change order, or adjustment in contract price under consideration; provided, that with respect to the validity, as to the contractor, of any executed contract modification, change order, or adjustment in contract price which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with this section. [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-328 Tax clearances; setoff for due and unpaid taxes.

§103D-328 Tax clearances; setoff for due and unpaid taxes.
(a) Unless the director of taxation determines that waiver of the Internal Revenue Service tax clearance requirement is necessary to expedite or facilitate the procurement process and is in the best interest of the State, and waives the Internal Revenue Service tax clearance requirement, no contract shall be binding or effective until the contractor secures and the purchasing agency receives a tax clearance from the director of taxation and the Internal Revenue Service to the effect that all tax returns due have been filed, and all taxes, interest, and penalties levied or accrued, under title 14 that are administered by the department of taxation and under the Internal Revenue Code, against the contractor have been paid.
(b) During the term of a contract, if a lien is imposed against the contractor for a tax debt under section 231-33 or the contractor fails to timely file all tax returns and pay all taxes, interest, and penalties due to the Internal Revenue Service, the comptroller or respective county director of finance, upon request of the director of taxation, shall set off the amount of the tax debt against any payment due to the contractor until the tax debt is paid in full.
(c) All state and county procurement officers or agents shall withhold final payment of a contract until the receipt of tax clearances from the director of taxation and the Internal Revenue Service. Notwithstanding sections 40-57 and 40-58, if a contractor fails to provide the requisite tax clearances within six months of the completion of the contract, the state or county procurement officer or agent shall first notify the department of taxation which in turn will notify the Internal Revenue Service, of amounts payable to the contractor on completed contracts. The department of taxation and the Internal Revenue Service, within thirty days, shall request the procurement officer or agent to set off the amount of taxes due against any payment due to the contractor until the tax debt is paid in full to the State or the Internal Revenue Service, or both. No final bill or invoice from the contractor shall be required as a condition to the setoff. Any remaining contract balance shall revert to the appropriation under which it was encumbered.
(d) This section shall not apply to any contract of less than $25,000 or any contract entered into pursuant to section 103D-305 or 103D-307.
(e) This section shall not apply to a contractor who the director of taxation certifies is:
(1) Contesting the validity of a tax debt, or that any tax, penalty, or interest is due and owing the Internal Revenue Service in an administrative or judicial appeal; or
(2) In good standing, having entered into a plan or plans in which the tax debt, or any tax, penalty, or interest due and owing the Internal Revenue Service is being paid to the department of taxation or the Internal Revenue Service.
[L 1997, c 352, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-329 Past performance database.

§103D-329 Past performance database.
(a) No later than December 31, 2023, the state procurement office shall implement and administer a past performance database with regard to state contractors.
(b) The state procurement office shall adopt rules no later than December 31, 2023, pursuant to chapter 91 to establish:
(1) Information required to be included in the past performance database; provided that the information shall include:
(A) The name of the state contractor;
(B) The date of the project;
(C) The size of the project;
(D) A brief description of the project;
(E) The responsible managing employees for the project;
(F) Whether or not the project was timely completed;
(G) The project's authorized budget; and
(H) The positive or negative difference between the final cost of the project and the project's authorized budget, including the reasons for the difference, if any;
(2) Procedures to inform a contractor of the information contained in the past performance database about that contractor; and
(3) Procedures for a contractor to correct or respond to the information contained in the past performance database about that contractor. [L 2021, c 188, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-401 Duties of the policy board.

§103D-401 Duties of the policy board.
The policy board shall adopt rules governing the preparation, maintenance, and content of specifications for goods, services, and construction required by the State. [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-402 Duties of the chief procurement officer.

§103D-402 Duties of the chief procurement officer.
The chief procurement officer shall prepare, issue, revise, maintain, and monitor the use of specifications for goods, services, and construction required 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-403 Exempted items.

§103D-403 Exempted items.
Specifications for goods, services, or construction items procured under section 103D-209, or those exempted pursuant to section 103D-210, may be prepared by a purchasing agency in accordance with this chapter and rules adopted hereunder. [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-404 Relationship with using agencies.

§103D-404 Relationship with using agencies.
The chief procurement officer shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications. [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-405 Maximum practicable competition.

§103D-405 Maximum practicable competition.
(a) All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the State's needs, and shall not be unduly restrictive.
(b) Specifications, to the extent practicable, shall emphasize functional or performance criteria while limiting design or other detailed physical descriptions to those necessary to meet the needs of the State.
(c) The State shall procure standard commercial products whenever practicable. In developing specifications, accepted commercial standards shall be used and unique requirements shall be avoided, to the extent practicable.
(d) Outside contractors may be utilized to prepare specifications and work statements in the development of a solicitation. Contractors paid for those services shall be precluded from bidding on or receiving a contract when they participated in any way in the development of the solicitation package or any resulting contract. [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-406 Specifications prepared by architects and engineers.

§103D-406 Specifications prepared by architects and engineers.
The requirements of this part regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including, but not limited to, those prepared by architects, engineers, designers, and drafting professionals for public contracts. [L Sp 1993, c 8, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-407 Construction projects, roadway materials; recycled glass content requirements.

§103D-407 Construction projects, roadway materials; recycled glass content requirements.
(a) When purchasing roadway materials or other high-value, end-use applications for public projects, state and county agencies may purchase materials with minimum recycled glass content meeting specifications adopted by the policy board which, at a minimum, shall provide for:
(1) A minimum recycled glass content of ten per cent crushed aggregate in treated or untreated basecourse in paving materials that shall not reduce the quality standards for highway and road construction; and
(2) The use of one hundred per cent aggregate in nonstructural capital improvement applications.
(b) All highway and road construction and improvement projects funded by the State or a county or roadways that are to be accepted by the State or a county as public roads may use a minimum of ten per cent crushed glass aggregate as specified by the department of transportation in all basecourse (treated or untreated) and subbase when the glass is available to the quarry or contractor at a price no greater than that of the equivalent aggregate.
(c) All state and county construction projects calling for nonstructural backfill shall utilize one hundred per cent crushed glass when available at a cost equal to or lower than the equivalent aggregate.
(d) As used in this section:
"Basecourse" means the layer or layers of specified material or selected material of a designed thickness to support a surface course.
"Environmental management special fund" means the fund established by section 342G-63.
"Nonstructural backfill" means use as fill in areas not subject to structural loading, including but not limited to utility line bedding, drainage backfill behind retaining walls, drainage line backfill in leachfields or french drains, and similar uses. [L 1994, c 201, §3; am L 1997, c 92, §2; am L 1998, c 11, §7; am L 2011, c 22, §1]
Cross References
Glass container recovery, see § §342G-81 to 87.
Preference for recycled products, see §103D-1005.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-408 Hawaiian plants; use in public landscaping.

§103D-408 Hawaiian plants; use in public landscaping.
(a) Subject to exceptions as established under subsection (d), and pursuant to the timetable described in subsection (c), all plans, designs, and specifications for new or renovated landscaping of any building, complex of buildings, facility, complex of facilities, or housing developed by the State with public moneys shall incorporate Hawaiian plants; provided that:
(1) Suitable cultivated plants can be made available for this purpose without jeopardizing wild plants in their natural habitat; and
(2) Wherever and whenever possible, Hawaiian plants shall be used for landscaping on, and sourced from, the island and ahupua €˜a in which the species was found or known to occur prior to European contact.
(b) Each plant or group of plants used pursuant to subsection (a) shall be clearly identified with signs for the edification of the general public.
(c) The timetable for the incorporation of Hawaiian plants pursuant to subsection (a) shall be as follows:
(1) By January 1, 2019, Hawaiian plants shall constitute a combined minimum of ten per cent of the total plant footprint for landscaping plans, designs, and specifications;
(2) By January 1, 2025, Hawaiian plants shall constitute a combined minimum of twenty-five per cent of the total plant footprint for landscaping plans, designs, and specifications;
(3) By January 1, 2030, Hawaiian plants shall constitute a combined minimum of thirty-five per cent of the total plant footprint for landscaping plans, designs, and specifications.
(d) Notwithstanding chapter 91, for the purposes of satisfying the percentage footprint requirements under subsection (c), the purchasing agency may exclude from total plant footprint calculations those areas where available Hawaiian plant species are not appropriate for the particular landscaping needs or environmental conditions of such areas. The exclusion of such areas shall be determined by procedures, standards, or guidelines established by the policy board at the time of issuance of the invitation for bids, requests for proposals, or other solicitation under this chapter. Procedures, standards, or guidelines established pursuant to this subsection may be established by board action notwithstanding chapter 91.
(e) For purposes of this section, "Hawaiian plants" means any endemic or indigenous plant species, including land, freshwater, and marine plant species, growing or living in Hawaii without having been brought to Hawaii by humans; or any plant species, including land, freshwater, and marine plant species, brought to Hawaii by Polynesians before European contact, such as kukui, kalo, wauke, niu, noni, and kamani. [L 1999, c 149, pt of §2; am L 2015, c 233, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-410 Energy efficiency through life-cycle costing.

§103D-410 Energy efficiency through life-cycle costing.
(a) The procurement practices of the State shall include energy efficient standards and policies, including life-cycle costing.
(b) In implementing life-cycle costing, the purchasing agency shall be guided by energy efficiency standards and policies for purchasing various items developed and promulgated by the United States Department of Energy and other federal agencies, and nationally recognized trade associations, including but not limited to the National Association of State Purchasing Officials, the National Institute of Governmental Purchasing, Inc., the National Association of Purchasing Management, and the Air Conditioning and Refrigeration Institute. The purchasing agency shall notify bidders of information, procedures, and forms required in implementing energy efficiency standards and policies. The information required shall include purchasing standards and policies developed by federal agencies and by nationally recognized agencies and associations, as well as energy consumption and life-cycle cost data.
(c) The purchasing agency shall consider purchasing via the life-cycle costing method those classes of items for which nationally recognized energy efficiency data have been developed. These items shall include but not be limited to automobiles and air conditioning systems. The watt-saving variety of common-sized fluorescent lamps shall be purchased except where standard wattage of those lamps is specifically required by the using agency. [L 1999, c 149, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-411 Value engineering clauses.

§103D-411 Value engineering clauses.
The State shall insert clauses providing for value engineering incentives in all public works contracts for amounts in excess of $250,000. The clauses shall provide:
(1) That cost reduction proposals submitted by contractors:
(A) Must require, in order to be applied to the contract, a change order thereto; and
(B) Must result in savings to the State or county, as the case may be, by providing less costly items than those specified in the contract without impairing any of their essential functions and characteristics such as service life, reliability, substitutability, economy of operation, ease of maintenance, and necessary standardized features; and
(2) That accepted cost reduction proposals shall result in an equitable adjustment of the contract price so that the contractor will share a portion of the realized cost reduction. [L 1999, c 149, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-412 Motor vehicle requirements.

§103D-412 Motor vehicle requirements.
(a) The procurement policy for all agencies purchasing or leasing light-, medium-, and heavy-duty motor vehicles shall be to seek vehicles that reduce dependence on petroleum-based fuels that meet the needs of the agency. Priority for selecting vehicles shall be as follows:
(1) Zero-emission vehicles;
(2) Plug-in hybrid electric vehicles;
(3) Alternative fuel vehicles; and
(4) Hybrid electric vehicles.
(b) Vehicles shall not be larger than necessary for their intended functions.
(c) For the purposes of this section:
"Agency" means a state agency, office, or department.
"Alternative fuel" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490; provided that "alternative fuel" includes liquid or gaseous fuels produced from renewable feedstocks, such as organic wastes, or from water using electricity from renewable energy sources.
"Alternative fuel vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.
"Covered fleet" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490 subpart C.
"Excluded vehicles" shall have the same meaning as contained in title 10 Code of Federal Regulations section 490.3.
"Fuel cell electric vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations section 490.501.
"Hybrid electric vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 86.1803-01.
"Light-duty motor vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.
"Plug-in hybrid electric vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations part 86.1803-01.
"Zero-emission vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 88.102-94.
(d) Agencies may apply to the chief procurement officer for exemptions from the requirements of this section to the extent that the vehicles required by this section are not available or do not meet the specific needs of the agency; provided that life cycle vehicle and fuel costs may be included in the determination of whether a particular vehicle meets the needs of the agency. Estimates of future fuel costs shall be based on projections from the United States Energy Information Administration.
(e) Vehicles acquired from another state agency and excluded vehicles are exempt from the requirements of this section but shall be included in the calculation of the clean ground transportation goals established under section 196-9(c)(10).
(f) Nothing in this section is intended to interfere with the ability of a covered fleet to comply with the vehicle purchase mandates required by title 10 Code of Federal Regulations part 490 subpart C. [L 2005, c 216, §2; am L 2006, c 96, §28; am L 2009, c 156, §6; am L 2019, c 143, §1; am L 2021, c 74, §4]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-601 Cost principles rules required.

§103D-601 Cost principles rules required.
The policy board shall adopt rules setting forth cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs, provided that if a written determination is approved at a level above the procurement officer, such cost principles may be modified by contract. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-701.5 Procurement statistics.

§103D-701.5 Procurement statistics.
The state procurement office shall keep statistics on solicitations and awards protested under section 103D-701 for the purpose of improving procurement procedures. The statistics shall include information on protests involving inadvertent errors. [L 2012, c 173, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-703 Authority to resolve contract and breach of contract controversies.

§103D-703 Authority to resolve contract and breach of contract controversies.
(a) This section applies to controversies between a governmental body and a contractor which arise under, or by virtue of, a contract between them, including, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.
(b) The chief procurement officer or a designee is authorized, prior to commencement of an action in a court brought pursuant to section 103D-711, to settle and resolve a controversy described in subsection (a). This authority shall be exercised in accordance with rules adopted by the policy board.
(c) If such a controversy is not resolved by mutual agreement, the chief procurement officer or a designee shall promptly issue a decision in writing. The decision shall:
(1) State the reasons for the action taken; and
(2) Inform the contractor of the contractor's right to initiate a judicial action as provided in this part.
(d) A copy of the decision under subsection (c) shall be mailed or otherwise furnished immediately to the contractor.
(e) The decision under subsection (c) shall be final and conclusive unless the contractor commences a judicial action in accordance with section 103D-711.
(f) If the chief procurement officer or a designee does not issue the written decision required under subsection (c) within ninety days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23; am L 1999, c 162, §3]
Case Notes
Where it appeared that the procedure established in this section was the exclusive means available for plaintiff to resolve the retainage controversy based on a breach of contract, and plaintiff did not avail itself of these exclusive means, the circuit court lacked jurisdiction to decide plaintiff's claim for retainage. 122 H. 60, 222 P.3d 979.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-703.5 Settlement of default by contractor.

§103D-703.5 Settlement of default by contractor.
Upon default of a contractor, the purchasing agency may accept moneys in satisfaction of the contractor's obligation on a contract whether the moneys are realized from the performance surety's obligation on its bond, an insurer's obligation on the contractor's policy, or any other source of moneys paid to satisfy a contractor's default. Such moneys shall be deemed to be trust moneys and shall be deposited into a trust account with and under the control of the purchasing agency. These moneys and the interest earned thereon shall be used for the completion of such contract. Upon completion of the contract, any excess moneys shall be deposited in the general fund unless otherwise restricted.
[L 1997, c 167, §1; am L 1999, c 149, §17]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-704 Exclusivity of remedies.

§103D-704 Exclusivity of remedies.
The procedures and remedies provided for in this part, and the rules adopted by the policy board, shall be the exclusive means available for persons aggrieved in connection with the solicitation or award of a contract, a suspension or debarment proceeding, or in connection with a contract controversy, to resolve their claims or differences. The contested case proceedings set out in chapter 91 shall not apply to protested solicitations and awards, debarments or suspensions, or the resolution of contract controversies. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
Case Notes
Procurement code was not relevant to employer's claim for breach of duty of loyalty. 338 F.3d 1082.
A protester is entitled to recover attorney's fees incurred in prosecuting its protest if the protester has proven the solicitation was in violation of this code, the contract was awarded in violation of §103D-701(f), and award of contract was in bad faith. 85 H. 431, 946 P.2d 1.
This section, the "exclusive remedy" provision of chapter 103D, the public procurement code, barred plaintiff, a sub-consultant, from bringing a lawsuit against the defendant city seeking damages sounding in tort for injury suffered as a result of the city's alleged violations of the code; plaintiff was on notice under the code that it could not, in its own right, bring a direct challenge to the procurement process in the event it disputed the actions of the procurement agency; the legislative scheme encompassed the notion that challenges would be brought by the primary parties in the process--the contractor or prospective bidder or offeror. 121 H. 527 (App.), 221 P.3d 505.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-705 Solicitations or awards in violation of law.

§103D-705 Solicitations or awards in violation of law.
The provisions of section 103D-706 and section 103D-707 apply where it is determined by the chief procurement officer or a designee under section 103D-701 or 103D-703 or where it is determined administratively under section 103D-709, or upon judicial review under section 103D-710 or judicial action under section 103D-711, that a solicitation or award of a contract is in violation of the law. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §4]
Case Notes
Where, if after award of contract, chief procurement officer finds no violation of law, but after de novo review pursuant to §103D-709, hearings officer finds otherwise, this section requires hearings officer to determine whether to ratify or terminate contract as provided in §103D-707(1)(A) and (B). 85 H. 431, 946 P.2d 1.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-706 Remedies prior to an award.

§103D-706 Remedies prior to an award.
If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be:
(1) Canceled; or
(2) Revised to comply with the law. [L Sp 1993, c 8, pt of §2]
Case Notes
Term "revise" includes remand and reconsideration; where cancellation of solicitation was contrary to purposes underlying procurement code, hearings officer's selection of cancellation of solicitation was abuse of discretion. 87 H. 147, 952 P.2d 1210.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-707 Remedies after an award.

§103D-707 Remedies after an award.
(a) If after an award it is determined that a solicitation or award of a contract is in violation of law, then:
(1) If the person awarded the contract has not acted fraudulently or in bad faith:
(A) The contract may be ratified and affirmed, or modified; provided that it is determined that doing so is in the best interests of the State; or
(B) The contract may be terminated and the person awarded the contract shall be compensated for the actual expenses, other than attorney's fees, reasonably incurred under the contract, plus a reasonable profit, with such expenses and profit calculated not for the entire term of the contract but only to the point of termination;
(2) If the person awarded the contract has acted fraudulently or in bad faith:
(A) The contract may be declared null and void; or
(B) The contract may be ratified and affirmed, or modified, if the action is in the best interests of the State, without prejudice to the State's rights to such damages as may be appropriate.
(b) If the award of the contract was made in violation of law, and the award is rescinded and the contract, if executed, is terminated or declared null and void, then:
(1) For solicitations issued pursuant to section 103D-302, the contract may be awarded to the next lowest responsive and responsible bidder; provided that all prices remain the same as originally bid; or
(2) For solicitations issued pursuant to section 103D-303, the contract may be awarded to the next responsive and responsible offeror whose proposal is determined in writing to be the next most advantageous, taking into consideration the evaluation factors set forth in the solicitation; provided that all prices remain the same as originally offered. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §5; am L 2022, c 180, §1]
Case Notes
To determine whether ratification of an unlawfully awarded contract is in State's best interests, consideration must be given to State's interest in achieving the purposes of the procurement code. 85 H. 431, 946 P.2d 1.
Where, if after award of contract, chief procurement officer finds no violation of law, but after de novo review pursuant to §103D-709, hearings officer finds otherwise, §103D-705 requires hearings officer to determine whether to ratify or terminate contract as provided in paragraph (1)(A) and (B). 85 H. 431, 946 P.2d 1.
Whatever considerations may have driven the governmental body to terminate the contract, the hearings officer did not fail to carry out the officer's responsibilities under the procurement code because the officer did not need to consider the best interest of the State in accepting the parties' termination of the contract. 93 H. 155, 997 P.2d 567.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-708 Interest.

§103D-708 Interest.
Interest on amounts ultimately determined to be due to a contractor or the governmental body shall be payable at the statutory rate applicable to judgments against the State under chapter 662 from the date the governmental body receives notice of the written claim through the date of decision or judgment, whichever is later; except that if an action is initiated in circuit court pursuant to section 103D-711, interest under this section shall only be calculated until the time such action is initiated. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §6]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-710 Judicial review.

§103D-710 Judicial review.
(a) Only parties to proceedings under section 103D-709 who are aggrieved by a final decision of a hearings officer under that section may apply for judicial review of that decision. The proceedings for review shall be instituted in the circuit court of the circuit where the case or controversy arises.
(b) An application for judicial review shall not operate as a stay of the decision rendered under section 103D-709.
(c) Within ten calendar days of the filing of an application for judicial review, the hearings officer shall transmit the record of the administrative proceedings to the circuit court of the circuit where the case or controversy arises.
(d) The review shall be scheduled as expeditiously as practicable. It shall be conducted on the record of the administrative proceedings, and briefs and oral argument. No new evidence shall be introduced, except that the circuit court may, if evidence is offered which is clearly newly discovered evidence and material to the just decision of the appeal, admit the same.
(e) No later than thirty days from the filing of the application for judicial review, based upon review of the record the circuit court may affirm the decision of the hearings officer issued pursuant to section 103D-709 or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if substantial rights may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority or jurisdiction of the chief procurement officer or head of the purchasing agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion;
provided that if an application for judicial review is not resolved by the thirtieth day from the filing of the application, the court shall lose jurisdiction and the decision of the hearings officer shall not be disturbed. All time limitations on actions, as provided for in section 103D-712, shall remain in effect.
(f) Any party aggrieved by the decision of the circuit court may appeal in accordance with part I of chapter 641 and the appeal shall be given priority. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §8; am L 2001, c 251, §3; am L 2009, c 175, § §10, 14(2); am L 2010, c 107, §1; am L 2012, c 173, § §4, 5]
Case Notes
Supreme court has jurisdiction under this section to review decisions by hearings officer. 85 H. 431, 946 P.2d 1.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-711 Judicial action.

§103D-711 Judicial action.
(a) Only parties to the contract aggrieved by a decision issued pursuant to section 103D-703 by a state chief procurement officer or a designee may initiate an action under section 661-1.
(b) A person aggrieved by a decision issued pursuant to section 103D-703 by a county chief procurement officer or a designee may initiate an action under, or by virtue of, the contract in controversy in the circuit court.
(c) A governmental body aggrieved by a decision issued pursuant to section 103D-703 by a state or county chief procurement officer or a designee may initiate an action under, or by virtue of, the contract in controversy in the circuit court.
(d) To the extent the remedies provided in this part, including provisions for interest, differ from the remedies available against the State under chapter 661, the remedies shall be as provided in this part. Only the attorney general may settle and resolve a matter filed in the courts against the State pursuant to this section. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §9]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-712 Time limitations on actions.

§103D-712 Time limitations on actions.
(a) Requests for administrative review under section 103D-709 shall be made directly to the office of administrative hearings of the department of commerce and consumer affairs within seven calendar days of the issuance of a written determination under section 103D-310, 103D-701, or 103D-702.
(b) Requests for judicial review under section 103D-710 shall be filed in the circuit court of the circuit where the case or controversy arises within ten calendar days after the issuance of a written decision by the hearings officer under section 103D-709.
(c) Complaints to initiate judicial actions under section 103D-711 shall be filed in the circuit court within six months of the issuance of a written determination under section 103D-703. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §10; am L 2001, c 251, §4]
Case Notes
The term "issuance" as used in subsection (a) means the date of mailing, as evidenced by the postmark. 103 H. 163, 80 P.3d 984.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-713 Defense of a governmental body.

§103D-713 Defense of a governmental body.
(a) No contract of less than $1,000,000 that is entered into on or after July 1, 2007, by any governmental body, and is exclusively for services that may only lawfully be provided by a person licensed under chapter 464, may require the contractor to defend the governmental body, or its officers, employees, or agents, from any liability, damage, loss, or claim, action, or proceeding arising out of the contractor's performance under the contract.
(b) Subsection (a) notwithstanding, the contract may require the contractor providing the services to indemnify and hold harmless the governmental body and its officers, employees, and agents from and against any liability, damage, loss, cost, and expense, including reasonable attorneys' fees, and all claims, suits, and demands therefor arising out of or resulting from the negligent, reckless, intentional, or wrongful acts, errors, or omissions of the contractor, the contractor's employees, officers, agents, or subcontractors in the performance of the contract or the contractor's professional services, and the provisions may remain in full force and effect notwithstanding the expiration or early termination of the contract.
(c) No person licensed under chapter 464 that has agreed in any contract to defend a governmental body, including those contracts entered into before or after July 1, 2007, shall be required to defend the governmental body in a lawsuit filed more than ten years beyond the substantial completion of the project, except that this subsection shall not apply to any lawsuit that has been filed prior to July 1, 2007.
(d) As used in this section, "person" means any person, partnership, corporation, or other entity conducting business in the State. [L 2007, c 246, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-801 Definitions.

Note
Part heading amended by L 1997, c 352, §13.
§103D-801 Definitions.
As used in this part, unless the context requires otherwise:
"Cooperative purchasing" means procurement conducted by a public or external procurement unit with one or more public procurement units, external procurement units, or nonprofit private procurement units, pursuant to this chapter.
"External procurement unit" means any buying organization not located in this State which, if located in this State, would qualify as a public procurement unit. An agency of the United States is an external procurement unit.
"Local public procurement unit" means any county of the State or public agency of any county, public authority, educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the procurement of goods, services, and construction.
"Nonprofit private procurement unit" means a nonprofit health or human services organization that receives public funds to provide services to the public.
"Public procurement unit" means either a local public procurement unit or a state public procurement unit.
"State public procurement unit" means the office of the chief procurement officer and any other purchasing agency of this State. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §12; am L 1997, c 352, § §14, 21]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-802 Cooperative purchasing authorized.

§103D-802 Cooperative purchasing authorized.
A public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of goods, services, or construction with one or more public procurement units, external procurement units, or nonprofit private procurement units pursuant to rules adopted by the policy board and an agreement entered into between the participants. The cooperative purchasing may include, but shall not be limited to, joint or multi-party contracts between public procurement units, and state public procurement unit requirements contracts which are made available to local public procurement units. Cooperative purchasing agreements may be exempt from preferences pursuant to part X. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §13; am L 1997, c 352, §15]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-803 Sale, acquisition, or use of goods by a public procurement unit.

§103D-803 Sale, acquisition, or use of goods by a public procurement unit.
Any public procurement unit may sell to, acquire from, or use any goods belonging to another public procurement unit or external procurement unit independent of the requirements of parts III and XII. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §14; am L 1998, c 11, §8]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-804 Cooperative use of goods or services.

§103D-804 Cooperative use of goods or services.
A public procurement unit may enter into an agreement, independent of the requirements of parts III and XII, with any other public procurement unit, external procurement unit, or nonprofit private health and human services organizations for the cooperative use of goods or services under the terms agreed upon between the parties pursuant to rules adopted by the policy board. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §15; am L 1997, c 352, §23; am L 1998, c 11, §9]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-805 Joint use of facilities.

§103D-805 Joint use of facilities.
Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement unit under the terms agreed upon between the parties. [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §10]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-806 Supply of personnel, information, and technical services.

§103D-806 Supply of personnel, information, and technical services.
(a) Any public procurement unit is authorized, in its discretion, upon written request from another public procurement unit or external procurement unit, to provide personnel to the requesting public procurement unit or external procurement unit. The public procurement unit or external procurement unit making the request shall pay the public procurement unit providing the personnel the direct and indirect cost of furnishing the personnel, in accordance with an agreement between the parties.
(b) The informational, technical, and other services of any public procurement unit may be made available to any other public procurement unit or external procurement unit provided that the requirements of the public procurement unit tendering the services shall have precedence over the requesting public procurement unit or external procurement unit. The requesting public procurement unit or external procurement unit shall pay for the expenses of the services so provided, in accordance with an agreement between the parties.
(c) Upon request, the chief procurement officer may make available to public procurement units or external procurement units, any of the following services, among others:
(1) Standard forms;
(2) Printed manuals;
(3) Product specifications and standards;
(4) Quality assurance testing services and methods;
(5) Qualified products lists;
(6) Source information;
(7) Common use commodities listings;
(8) Supplier prequalification information;
(9) Supplier performance ratings;
(10) Debarred and suspended bidders lists;
(11) Forms for invitations for bids, requests for proposals, instructions to bidders, general contract provisions, and other contract forms; and
(12) Contracts or published summaries of contracts, including price and time of delivery information.
(d) The State, through the chief procurement officer, may provide the following technical services, among others:
(1) Development of product specifications;
(2) Development of quality assurance test methods, including receiving, inspection, and acceptance procedures;
(3) Use of product testing and inspection facilities; and
(4) Use of personnel training programs.
(e) The chief procurement officer may enter into contractual arrangements and publish a schedule of fees for the services provided under subsections (c) and (d). [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §11]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-807 Use of payments received by a supplying public procurement unit.

§103D-807 Use of payments received by a supplying public procurement unit.
All payments from any public procurement unit or external procurement unit received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit as authorized by law. [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §12]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-808 Public procurement units in compliance with requirements of this chapter.

§103D-808 Public procurement units in compliance with requirements of this chapter.
Where the public procurement unit or external procurement unit administering a cooperative purchase complies with the requirements of this chapter, any public procurement unit participating in the purchase shall be considered to have complied with this chapter. Public procurement units shall not enter into a cooperative purchasing agreement for the purpose of circumventing this chapter. [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §13]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103D. Hawaii Public Procurement Code › 103D-809 Review of procurement requirements.

§103D-809 Review of procurement requirements.
The chief procurement officer may collect information concerning the type, cost, quality, and quantity of commonly used goods, services, or construction being procured or used by state public procurement units. The chief procurement officer may also collect this information from local public procurement units. The chief procurement officer may make available all such information to any public procurement unit upon request. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §16]