reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6.5 - MULTI-STEP COMPETITIVE SEALED BIDDING › Section 3-122-61.06 - Preparing a multi-step invitation for bids

Current through June, 2024
(a) The
					 multi-step sealed bidding process uses an invitation for bids consisting of two
					 phases, and combines the receipt of technical proposals of the competitive
					 sealed proposals process and the low priced bid award of the competitive sealed
					 bidding process.
(1) Phase one is composed of
					 one or more steps in which bidders submit unpriced technical proposals to be
					 evaluated based on criteria set forth in the invitation for bids;and
(2) Phase two is to consider the priced bids
					 from bidders whose unpriced technical proposals are determined to be acceptable
					 in phase one, and award is made to the lowest responsive, responsible
					 bidder.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6.5 - MULTI-STEP COMPETITIVE SEALED BIDDING › Section 3-122-61.07 - Phase one

Current through June, 2024
Phase one shall be conducted in accordance with
						subchapter
						6, with the exception of the rules
						relating to the priced offer and the following:
(1) The procurement officer may initiate
					 phase two of the procedure if there is only one acceptable unpriced technical
					 proposal. If no proposals are submitted, the procurement officer may make a
					 determination pursuant to section 3-122-59(b);
(2) The procurement officer shall notify the
					 bidder in writing when oral or written discussions are not conducted, and upon
					 written request from the bidder, the bidder shall be given the opportunity to
					 review the evaluation of its offer and meet with the evaluator(s) to discuss
					 the evaluation at least five working days prior to the deadline for receipt and
					 opening of the priced offers.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6.5 - MULTI-STEP COMPETITIVE SEALED BIDDING › Section 3-122-61.08 - Phase two

Current through June, 2024
(a) Upon completion of phase one, the
					 procurement officer shall:
(1) If priced bids
					 were required to be submitted in phase one, open the priced bids from bidders
					 whose unpriced technical proposals were found to be acceptable;
(2) If technical discussions have been held,
					 or if material modifications to the procurement item, project, or procedure
					 have been made after the original submission of priced bids, return the sealed
					 priced bids to bidders and provide them reasonable opportunity to submit a
					 modified priced bid; or
(3) If
					 priced bids have not been submitted, invite each acceptable bidder to submit a
					 priced bid.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 7 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 3-122-63 - General provisions

Current through June, 2024
(a) Professional
					 services shall be in accordance with section
					 103D-304,
					 HRS.
(b) After the contract is
					 awarded, the following information shall be open to public inspection,
					 including but not limited to the contract, the list of qualified persons, the
					 screening committee's criteria for selection established under section
					 103D-304(d),
					 HRS, and the statements of qualifications and related information submitted by
					 the qualified persons, except those portions for which a written request for
					 confidentiality has been made subject to section 3-122-58.
(c) Amendment to a professional services
					 contract shall require prior approval of the head of the purchasing agency when
					 the increase is at least $25,000 and ten per cent or more of the initial
					 contract price.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 7 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 3-122-67 - Small purchases of professional services

Current through June, 2024
Small purchases of professional services, except small
						purchase of design professional services furnished by licensees under chapter
						464, HRS, may be conducted pursuant
						to section
						103D-304(j),
						HRS, or subchapter 8.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 7 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 3-122-69 - Review and selection committees

Current through June, 2024
(a) Persons who
					 serve on the review or selection committee who are not employees of a
					 governmental body shall:
(1) Have sufficient
					 knowledge to serve on the review or selection committee;
(2) Serve without compensation, unless
					 justified and determined in writing by the head of the purchasing agency that
					 compensation is justified; and
(3)
					 Sign an affidavit:
(A) Attesting to having no
					 personal, business, or any other relationship that will influence their
					 decision in the review or selection process;
(B) Agreeing not to disclose any information
					 on the review or selection process; and
(C) Agreeing that their names will become
					 public information upon award of the contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 7 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 3-122-70 - Debriefing

Current through June, 2024
(a) The purpose of a debriefing is to inform
					 providers of professional services of the basis for non-selection.
(1) A written request for a debriefing shall
					 be made within three working days after the posting of the award of the
					 contract;
(2) Debriefing shall be
					 held by the procurement officer or designee, to the maximum extent practicable,
					 within seven working days; provided the procurement officer or designee may
					 determine whether or not to conduct individual or combined
					 debriefings.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 8 - SMALL PURCHASES › Section 3-122-73 - Definitions

Current through June, 2024
As used in this subchapter:
"Adequate and reasonable competition" means the amount
						of vendors solicited based upon the number of vendors available and the value
						or price of the goods, service, or construction. Because of variations in
						circumstances, it is not possible to define what is adequate and reasonable
						competition for every small procurement. However, in general, the more vendors
						there are that can meet the needs of the agency, or the higher the price of the
						goods, services, or construction, then a greater number of vendors should be
						solicited.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 8 - SMALL PURCHASES › Section 3-122-74 - General provisions

Current through June, 2024
(a) Small purchases
					 shall be subject to section
					 103D-305,
					 HRS, and do not require public notice or public bid openings.
(b) Small purchase contracts for professional
					 services may be procured pursuant to this subchapter or section
					 103D-304(j),
					 HRS; provided that small purchase of design professional services furnished by
					 licensees under chapter
					 464, HRS, shall be procured in
					 accordance with section
					 103D-304,
					 HRS.
(c) Unless otherwise exempt,
					 purchasing agencies delegated small purchase authority shall comply with state
					 procurement office price or vendor lists, price schedules, or other chief
					 procurement officer lists and schedules, where applicable.
(d) Purchases shall not be parceled by
					 dividing the purchase of same, like, or related items of goods, services, or
					 construction into several purchases of smaller quantities, so as to evade the
					 statutory competitive bidding requirements. For additional details, refer to
					 chapter 3-131.
(e) Preferences
					 pursuant to part X, chapter
					 103D, HRS, shall not apply to small
					 purchases.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 8 - SMALL PURCHASES › Section 3-122-75 - Goods, services, and construction

Current through June, 2024
(a) Based on
					 specifications and with adequate and reasonable competition:
(1) No less than three quotes shall be
					 solicited for expenditures of $5,000 to less than $15,000;
(2) No less than three written quotes shall
					 be obtained for expenditures of $15,000 to less than $25,000; and
(3) For the period up to and including June
					 30, 2007, no less than three written quotes shall be obtained for expenditures
					 of $25,000 to less than $50,000.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 8 - SMALL PURCHASES › Section 3-122-77 - Procurement file and disclosure of information

Current through June, 2024
All quotations received shall be recorded and placed in
						a procurement file. Pursuant to section
						3-122-9.01, a purchasing agency is
						not required to disclose quotation information received from vendors until the
						purchase order is issued or the purchasing card order is
						placed.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 8 - SMALL PURCHASES › Section 3-122-78 - Electronic procurement

Current through June, 2024
(a) Effective July
					 1, 2007, small purchase procurements of $25,000 to less than $50,000 shall be
					 made through an electronic procurement system.
(b) This section shall not apply to
					 procurements subject to sections
					 103D-306
					 and
					 103D-307,
					 HRS.
(c) The electronic procurement
					 system shall include at a minimum, the functionality of notifying registered
					 vendors of the procurement opportunity and the electronic receipt of
					 offers.
(d) If no responsive,
					 responsible quotes, or reasonable prices are received through an electronic
					 procurement solicitation, the head of the purchasing agency or designee may
					 determine that it is neither practicable, nor advantageous to the State to
					 issue a new solicitation.
(1) When making
					 this determination, consideration shall be given to whether the specifications
					 can be revised, time constraints, and competition in the marketplace;
(2) In the event of this determination, an
					 alternative procurement method may be selected to include, but not limited to,
					 direct negotiations; and
(3)
					 Documentation of the alternative procurement determination shall be made part
					 of the procurement file.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 9 - SOLE SOURCE PROCUREMENT › Section 3-122-81 - General provisions

Current through June, 2024
(a) Sole source
					 procurement shall be in accordance with section 103D-30 6, HRS, with the
					 exception of sole source procurement subject to section
					 103D-305,
					 HRS.
(b) A sole source purchase may
					 be made when only one source is available for a purchase, unless the
					 expenditure is expressly exempt from public bidding by law or rule.
(c) Justification for a sole source purchase
					 must establish that the good, service, or construction has a unique feature,
					 characteristic, or capability essential to the agency to accomplish its work
					 and is available from only one supplier or source.
Examples are:
(1) Proprietary item;
(2) Compatibility to existing equipment;
					 or
(3) Public utility repair or
					 construction that can only be provided by the utility company.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 9 - SOLE SOURCE PROCUREMENT › Section 3-122-82 - Sole source approvals and amendments

Current through June, 2024
(a) Forms required
					 to implement the provisions for sole source approval will be distributed by the
					 chief procurement officer.
(b) To
					 obtain sole source approval from the chief procurement officer, the following
					 procedures shall be followed:
(1) Complete
					 and submit a "Request For Sole Source" to the chief procurement officer. Heads
					 of purchasing agencies shall certify to the best of their knowledge that the
					 information provided is true and correct; and
(2) Complete and submit a "Notice of Sole
					 Source" which shall serve as a written determination to issue a sole source
					 contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 10 - EMERGENCY PROCUREMENT › Section 3-122-88 - General provisions

Current through June, 2024
(a) Emergency
					 procurement shall be in accordance with section
					 103D-307,
					 HRS. Section
					 103D-305,
					 HRS, small purchases are not subject to emergency procurement
					 procedures.
(b) Emergency
					 procurement as defined in section
					 103D-307,
					 HRS, may be utilized to purchase only the immediate needs for the emergency and
					 not subsequent non-emergency requirements.
(c) The potential loss of funds at the end of
					 a fiscal year is not an emergency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 10 - EMERGENCY PROCUREMENT › Section 3-122-90 - Procedures

Current through June, 2024
(a) Prior to the procurement or if tine does
					 not permit, as soon as practicable thereafter, the head of the purchasing
					 agency responsible for the emergency procurement shall prepare a written
					 determination requesting the approval from the chief procurement officer,
					 indicating the following:
(1) Nature of the
					 emergency;
(2) Name of
					 contractor;
(3) Amount of
					 expenditure;
(4) Listing of the
					 good, service, or construction; and
(5) Reason for selection of the
					 contractor.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 11 - CANCELLATION OF SOLICITATIONS AND REJECTION OF OFFERS › Section 3-122-95 - Cancellation of solicitations and rejection of offers

Current through June, 2024
A solicitation may be canceled, or an offer rejected in
						whole or in part pursuant to section
						103D-308,
						HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 11 - CANCELLATION OF SOLICITATIONS AND REJECTION OF OFFERS › Section 3-122-96 - Cancellation of solicitation

Current through June, 2024
(a) A solicitation
					 may be cancelled for reasons including but not limited to the following:
(1) Cancellation prior to opening:
(A) The agency no longer requires the goods,
					 services, or construction;
(B) The
					 agency no longer can reasonably expect to fund the procurement;
(C) Proposed amendments to the solicitation
					 would be of a magnitude that a new solicitation is desirable; or
(D) A determination by the chief procurement
					 officer or a designee that a cancellation is in the public interest.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 11 - CANCELLATION OF SOLICITATIONS AND REJECTION OF OFFERS › Section 3-122-97 - Rejection of offer

Current through June, 2024
(a) A bid shall be rejected for reasons
					 including but not limited to:
(1) The bidder
					 is nonresponsible as determined by subchapter 13; or
(2) The bid is not responsive, that is, it
					 does not conform in all material respects to the solicitation by reason of its
					 failure to meet the requirements of the specifications or permissible
					 alternates or other acceptability criteria set forth in the solicitation,
					 pursuant to section 3-122-33.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 11 - CANCELLATION OF SOLICITATIONS AND REJECTION OF OFFERS › Section 3-122-98 - Disposition of offers

Current through June, 2024
When offers are rejected, or a solicitation cancelled
						after offers are received:
(1) The
					 offers which have been opened shall be retained in the procurement file;
					 and
(2) The unopened offers shall
					 be returned to the offerors upon request; or otherwise disposed of.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 12 - CONTRACT NOT BINDING UNLESS FUNDS AVAILABLE › Section 3-122-102 - Contract not binding unless funds available

Current through June, 2024
(a) Certification
					 that there is an appropriation or balance of an appropriation sufficient to
					 cover the amount required by the contract as well as the application of federal
					 funds shall comply or be exempt under section
					 103D-309,
					 HRS.
(b) Additional certification
					 exceptions are for the following types of contracts for which the respective
					 chief financial officer shall only be required to certify that there is an
					 appropriation or balance of an appropriation over and above all outstanding
					 contracts that is sufficient to cover the amount required to be paid under the
					 contract during the initial fiscal period and the contractual obligation of
					 both parties in each fiscal period succeeding the first is subject to the
					 appropriation and availability of funds:
(1)
					 A lease contract pursuant to section 3-122-14 7; and
(2) An installment purchase payment contract
					 pursuant to section 3-122-148.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 13 - RESPONSIBILITY OF BIDDERS AND OFFERORS › Section 3-122-108 - Qualification of offeror or prospective offeror

Current through June, 2024
(a) Pursuant
					 to section
					 103D-310,
					 HRS, a determination of responsibility or nonresponsibility of an offeror or
					 prospective offeror to perform the work called for in the solicitation shall be
					 made by the procurement officer on the basis of available
					 information.
(b) If the procurement
					 officer requires additional information, the offeror or prospective offeror may
					 be required to answer questions contained in the sample questionnaire provided
					 by the policy board.
(c) The
					 requested information shall be furnished upon request within two working days
					 or longer at the discretion of the procurement officer. Failure to furnish the
					 requested information within the time allowed may be grounds for a
					 determination of nonresponsibility.
(d) Upon determination of nonresponsibility,
					 the offeror or prospective offeror shall be notified in writing. The decision
					 shall be final unless the offeror or prospective offeror applies for
					 administrative hearing pursuant to section 3-126-42.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 13 - RESPONSIBILITY OF BIDDERS AND OFFERORS › Section 3-122-109 - Questionnaire

Current through June, 2024
The questionnaire shall request information for the
						following categories:
(1) Financial
					 ability to deliver the goods or perform the work required;
(2) Material, equipment, facility, and
					 personnel resources and expertise available, or the ability to obtain them, in
					 order to meet contractual requirements;
(3) References for the determination of a
					 satisfactory record of performance;
(4) References for the determination of a
					 satisfactory record of integrity;
(5) Legal qualifications to contract with the
					 State; and
(6) Additional
					 information necessary for a determination of responsibility.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 13 - RESPONSIBILITY OF BIDDERS AND OFFERORS › Section 3-122-111 - Notice of intent to offer

Current through June, 2024
(a) When required
					 by the solicitation, a prospective offeror shall file a notice of intent to
					 offer, subject to the following:
(1) The
					 notice shall be received not less than ten days prior to the deadline for
					 receipt of offers; and
(2) The
					 notice may be submitted by facsimile or electronically, pursuant to section
					 3-122-9, and the date of receipt as evidenced by the time indicated on the
					 electronic transmittal or the procurement officer's transaction receiving
					 report, shall determine timeliness of the notice.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 13 - RESPONSIBILITY OF BIDDERS AND OFFERORS › Section 3-122-112 - Responsibility of offerors

Current through June, 2024
(a) The offeror, as
					 proof of compliance with the requirements of section
					 103D-310(c),
					 HRS, upon award of a contract made pursuant to section
					 103D-302,
					 103D-303,
					 103D-304,
					 or
					 103D-306,
					 HRS, shall provide:
(1) A tax clearance
					 certificate from the department of taxation and the Internal Revenue Service,
					 subject to section
					 103D-328,
					 HRS, current within six months of issuance date;
(2) A certificate of compliance for chapters
					 383,
					 386,
					 392, and
					 393, HRS, from the department of
					 labor and industrial relations, current within six months of issuance date;
					 and
(3) A certificate of good
					 standing from the business registration division of the department of commerce
					 and consumer affairs, current within six months of issuance date.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 14 - PREQUALIFICATION OF SUPPLIERS › Section 3-122-116 - Conditions for prequalification of suppliers

Current through June, 2024
Prequalification of suppliers for particular types of
						goods, services, and construction shall be allowed under the following
						conditions:
(1) To limit a
					 solicitation to those vendors who meet statutory or licensing requirements
					 applicable to the solicitation;
(2)
					 To minimize the time necessary to verify vendor qualifications which otherwise
					 would jeopardize timely award of contracts
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 15 - COST OR PRICING DATA › Section 3-122-121 - Scope and application

Current through June, 2024
The cost and pricing data requirement in this subchapter
						applies to contracts when either cost or pricing data or both are required to
						be submitted pursuant to section
						3-122-123, except for the
						following:
(1) Small purchases;
					 or
(2) A contract let by
					 competitive sealed bidding or multi-step bidding, except when price adjustments
					 are subsequently made to the contract pursuant to section 3-122-123.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 15 - COST OR PRICING DATA › Section 3-122-122 - Cost or pricing data defined

Current through June, 2024
Cost and pricing data means all facts as of the date of
						price agreement that prudent buyers and sellers would reasonably expect to
						affect price negotiations significantly. Cost or pricing data are factual, not
						judgmental, and are therefore verifiable. While they do not indicate the
						accuracy of a prospective contractor's judgment about future costs or
						projections, they do include the data forming the basis for that judgment. Cost
						or pricing data are more than historical accounting data; they are all facts
						that can reasonably be expected to contribute to the soundness of estimates of
						future costs and to the validity of determinations of costs already incurred.
						They also include factors as:
(1)
					 Vendor quotations;
(2) Nonrecurring
					 costs;
(3) Information on changes
					 in production methods and in production or purchasing volume;
(4) Data supporting projections of business
					 prospects and objectives and related operations costs;
(5) Unit cost trends as those associated with
					 labor efficiency;
(6) Make or buy
					 decisions;
(7) Labor union contract
					 negotiations; and
(8) Information
					 on management decisions that could have a significant bearing on
					 costs.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 15 - COST OR PRICING DATA › Section 3-122-123 - Requirement for cost or pricing data

Current through June, 2024
The procurement officer shall require cost or pricing
						data or both in support of the following, and may require for professional
						services pursuant to subchapter 7:
(1)
					 Any contract, resulting from competitive sealed proposals or sole source
					 procurement, expected to exceed $100,000;
(2) Any price adjustment to a contract
					 involving aggregate increases and decreases in costs plus applicable profits
					 expected to exceed $100,000, including a contract resulting from competitive
					 sealed bidding, whether or not cost or pricing data were required in connection
					 with the initial pricing of the contract, except when unrelated and separately
					 priced adjustments, not requiring cost or pricing data if considered
					 separately, are consolidated for administrative convenience; or
(3) A written determination by a procurement
					 officer that the circumstances warrant requiring submission of cost or pricing
					 data provided, however, when less than complete cost analysis, for example;
					 analysis of only specific factors will provide a reasonable pricing result on
					 awards under $100,000 without the submission of complete cost or pricing data,
					 the procurement officer shall request only that data considered adequate to
					 support the limited extent of the cost analysis needed and need not require
					 certification.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 15 - COST OR PRICING DATA › Section 3-122-124 - Exceptions to the requirement for cost or pricing data

Current through June, 2024
(a)
					 Cost or pricing data need not be submitted or certified where the contract
					 price is based on:
(1) Adequate price
					 competition which means at least two responsible offerors independently compete
					 for a contract to be awarded to the offeror submitting the lowest evaluated
					 price.
(2) Established catalogue
					 price which means the price included in a catalogue, price list, schedule, or
					 other form that is regularly maintained by a manufacturer or contractor; is
					 either published or otherwise available for inspection by customers; and states
					 the price at which sales are currently or were last made to a significant
					 number of any category of buyers or buyers constituting the general
					 (non-government) buying public for the goods or services involved.
(3) Established market price which means a
					 current price, established in the usual and ordinary course of trade between
					 buyers and sellers, which can be substantiated from sources independent of the
					 manufacturer or supplier and may be an indication of the reasonableness of
					 price.
(4) Prices set by law or
					 regulation which means the price of a good or service is set by law or rule if
					 some governmental body establishes the price that the contractor may charge the
					 State and other customers.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 15 - COST OR PRICING DATA › Section 3-122-125 - Submission of cost or pricing data and certification

Current through June, 2024
(a)
					 When cost or pricing data are required, they shall be submitted to the
					 procurement officer prior to beginning price negotiations at any reasonable
					 time and in any reasonable manner prescribed by the procurement officer. When
					 the procurement officer requires the offeror or contractor to submit cost or
					 pricing data in support of any proposal, the data shall either be actually
					 submitted or specifically identified in writing.
(b) The offeror or contractor is required to
					 keep the submission current until the negotiations are concluded.
(c) The offeror or contractor shall certify
					 as soon as practicable after agreement is reached on price that the cost or
					 pricing data submitted are accurate, complete, and current as of the date of
					 reaching agreement on price.
(d) A
					 refusal by an offeror to supply the required data shall be referred to the
					 chief procurement officer or the head of a purchasing agency, whose duty shall
					 be to determine in writing whether to disqualify the noncomplying bidder or
					 offeror, to defer award pending further investigation, or to enter into the
					 contract. A refusal by a contractor to submit the required data to support a
					 price adjustment shall be referred to the chief procurement officer or the head
					 of a purchasing agency who shall determine in writing whether to further
					 investigate the price adjustment, not to allow any price adjustment, or to set
					 the amount of the price adjustment, subject to the contractor's rights under
					 chapter 3-126.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 15 - COST OR PRICING DATA › Section 3-122-126 - Certificate of current cost or pricing data

Current through June, 2024
(a) When cost or
					 pricing data must be certified, the certificate of current cost or pricing data
					 form provided by the policy board shall be included in the contract file along
					 with any award documentation required under this subchapter. The offeror or
					 contractor shall be required to submit the certificate as soon as practicable
					 after agreement is reached on the contract price or adjustment.
(b) Although the certificate pertains to
					 "cost or pricing data," it is not to be construed as a representation as to the
					 accuracy of the offeror's or contractor's judgment on the estimated portion of
					 future costs or projections. It does, however, constitute a representation as
					 to the accuracy of the data upon which the offeror's or contractor's judgment
					 is based. A certificate of current cost or pricing data shall not substitute
					 for examination and analysis of the offeror's or contractor's
					 proposal.
(c) Whenever it is
					 anticipated that a certificate of current cost or pricing data may be required,
					 notice of this requirement shall be included in the solicitation. If a
					 certificate is required, the contract shall include a clause giving the State a
					 contract right to reduction in the price as provided herein.
(d) The exercise of an option at the price
					 established in the initial negotiation in which certified cost or pricing data
					 were used does not require recertification or further submission of
					 data.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 15 - COST OR PRICING DATA › Section 3-122-127 - Defective cost or pricing data

Current through June, 2024
(a) If certified
					 cost or pricing data are subsequently found to have been inaccurate,
					 incomplete, or not current as of the date stated in the certificate, the State
					 is entitled to an adjustment of the contract price, including profit or fee, to
					 exclude any significant sum by which the price, including profit or fee, was
					 increased because of the defective data. It is presumed that overstated cost or
					 pricing data increased the contract price in the amount of the defect plus
					 related overhead and profit or fee. Therefore, unless there is a clear
					 indication that the defective data were not used or relied upon, the price
					 should be reduced by the amount. In establishing that the defective data caused
					 an increase in the contract price, the procurement officer is not expected to
					 reconstruct the negotiation by speculating as to what would have been the
					 mental attitudes of the negotiating parties if the correct data had been
					 submitted at the time of agreement on price.
(b) In determining the amount of a downward
					 adjustment, the contractor shall be entitled to an offsetting adjustment for
					 any understated cost or pricing data submitted in support of price negotiations
					 for the same pricing action up to the amount of the State's claim for
					 overstated cost or pricing data arising out of the same pricing
					 action.
(c) If the contractor and
					 the procurement officer cannot agree as to the existence of defective cost or
					 pricing data or amount of adjustment due to defective cost or pricing data, the
					 procurement officer shall set an amount in accordance with the provisions of
					 this subchapter and the contractor may appeal this decision as a contract
					 controversy under chapter 3-126.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 15 - COST OR PRICING DATA › Section 3-122-128 - Cost analysis techniques

Current through June, 2024
Cost analysis includes the appropriate verification of
						cost or pricing data, and the use of this data to evaluate:
(1) Specific elements of costs which may
					 include direct labor, indirect costs, direct material, other direct costs,
					 subcontract costs, and fixed fee or profit;
(2) The necessity for certain
					 costs;
(3) The reasonableness of
					 amounts estimated for the necessary costs;
(4) The reasonableness of allowances for
					 contingencies;
(5) The basis used
					 for allocation of indirect costs;
(6) The appropriateness of allocations of
					 particular indirect costs to the proposed contract; and
(7) The reasonableness of the total cost or
					 price.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 15 - COST OR PRICING DATA › Section 3-122-129 - Price analysis techniques

Current through June, 2024
(a) Price analysis
					 is used to determine if a price is reasonable and acceptable. It involves an
					 evaluation of the prices for the same or similar items or services. Examples of
					 price analysis criteria include but are not limited to:
(1) Price submissions of prospective bidders
					 or offerors in the current procurement;
(2) Prior price quotations and contract
					 prices charged by the bidder, offeror, or contractor;
(3) Prices published in catalogues or price
					 lists;
(4) Prices available on the
					 open market; and
(5) In-house
					 estimates of cost.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 15 - COST OR PRICING DATA › Section 3-122-130 - Evaluation of cost or pricing data

Current through June, 2024
Evaluations of cost or pricing data should include
						comparisons of costs and prices of an offeror's cost estimates with those of
						other offerors and any independent state price and cost estimates. They shall
						also include consideration of whether the costs are reasonable and allocable
						under the pertinent provisions of chapter 3-123.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-133 - Restrictive or prohibitive use of certain types of contracts

Current through June, 2024
(a) Subject to the limitations of this
					 section, any type of contract that will promote the purchasing agency's best
					 interests may be used, except that cost-reimbursement and
					 cost-plus-a-percentage-of-cost contracts are:
(1) Restricted to only when the chief
					 procurement officer determines in writing that the contracts are likely to be
					 less costly than any other type of contract or that it is impracticable to
					 obtain the goods, services, or construction required except by means of the
					 contracts.
(2) Prohibited if their
					 use would jeopardize the receipt of federal assistance moneys or reduce the
					 amount of the assistance under any applicable federal statute or
					 regulation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-134 - Selection of contract types

Current through June, 2024
(a) The selection
					 of an appropriate contract type depends on factors, including but not limited
					 to:
(1) The nature of the goods, services, or
					 construction to be procured;
(2)
					 The uncertainties which may be involved in contract performance;
(3) The extent to which the purchasing agency
					 or the contractor is to assume the risk of the cost of performance of the
					 contract; and
(4) The degree of
					 responsibility assumed by the contractor.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-135 - Types of contracts

Current through June, 2024
(a) Contract types
					 described below are the principal contract types and any other type not
					 described may be used, subject to the prohibition and restriction in section
					 3-122-133.
(b) Contract types are
					 categorized based on the following and a type of contract may be a combination
					 of any of the following:
(1) Compensation,
					 which includes:
(A) Fixed-price contract,
					 pursuant to section 3-122-136, as follows:
(i) Firm fixed-price contract; and
(ii) Fixed-price contract with price
					 adjustment;
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-136 - Fixed-price contract

Current through June, 2024
(a) The fixed-price
					 contract is the only type of contract that can be used in competitive sealed
					 bidding. It places responsibility on the contractor for the delivery of the
					 goods or the complete performance of the services or construction in accordance
					 with the contract terms at a price that may be firm or may be subject to
					 contractually specified adjustments. It is appropriate for use when the extent
					 and type of work necessary to meet the purchasing agency's requirements can be
					 reasonably specified and the cost can be reasonably estimated, as is generally
					 the case of construction or standard commercial products.
(b) The firm fixed-price contract is one type
					 of fixed-price contract. It provides a price that is not subject to adjustment
					 due to variations in the contractor's cost of performing the work specified in
					 the contract. It should be used whenever prices which are fair and reasonable
					 to the purchasing agency can be established at the outset. Bases upon which
					 firm fixed prices may be established include:
(1) Adequate price competition for the
					 contract;
(2) Comparison of prices
					 in similar prior procurement in which prices were fair and
					 reasonable;
(3) Establishment of
					 realistic costs of performance by utilizing available cost or price data and
					 identifying certainties in contract performance; or
(4) Use of other adequate means to establish
					 a firm price.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-137 - Cost-reimbursement contract

Current through June, 2024
(a) The
					 cost-reimbursement contract, subject to section 3-122-133, provides for payment
					 to the contractor of allowable costs incurred in the performance of the
					 contract as determined in accordance with subchapter
					 15 and as provided in the
					 contract.
(b) It establishes at the
					 outset an estimated cost for the performance of the contract and a dollar
					 ceiling which the contractor may not exceed, except at its own expense, without
					 prior approval or subsequent ratification by the procurement officer and, in
					 addition, may provide for payment of a fee.
(c) It has a provision whereby the contractor
					 agrees to perform as specified in the contract until the contract is completed
					 or until the costs reach the specified ceiling, whichever occurs
					 first.
(d) It is appropriate when
					 the uncertainties involved in contract performance are of the magnitude that
					 the cost of contract performance cannot be estimated with sufficient certainty
					 to realize economy by use of any type of fixed-price contract.
(e) It necessitates appropriate monitoring by
					 agency personnel during performance so as to give reasonable assurance that the
					 objectives of the contract are being met.
(f) It is particularly suitable for research,
					 development, and study type contracts.
(g) It may be used only when it is determined
					 that:
(1) A contract is likely to be less
					 costly to the purchasing agency than any other type or that it is impracticable
					 to obtain otherwise the goods, services, or construction;
(2) The proposed contractor's accounting
					 system will permit timely development of all necessary cost data in the form
					 required by the specified contract type contemplated; and
(3) The proposed contractor's accounting
					 system is adequate to allocate costs in accordance with generally accepted
					 accounting principles.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-138 - Cost-incentive contract

Current through June, 2024
(a) The
					 cost-incentive contract provides for the reimbursement to the contractor of
					 allowable costs incurred up to the ceiling amount and establishes a formula
					 whereby the contractor is rewarded for performing at less than target costs or
					 is penalized if it exceeds target cost.
(b) The profit or fee under the contract will
					 vary inversely with the actual, allowable costs of performance and consequently
					 is dependent on how effectively the contractor controls cost in the performance
					 of the contract.
(c) The
					 fixed-price cost incentive contract is one type of cost incentive contract. The
					 parties establish at the outset a target cost, a target profit, a formula which
					 provides a percentage increase or decrease of the target profit depending on
					 whether the actual cost of performance is less than or exceeds the target cost,
					 and a ceiling price. After performance of the contract, the actual cost of
					 performance is arrived at based on the total incurred allowable costs as
					 determined in accordance with subchapter
					 15 and as provided in the contract.
					 The final contract price is then established in accordance with the formula
					 using the actual cost of performance. The final contract price may not exceed
					 the ceiling price. The contractor is obligated to complete performance of the
					 contract, and, if actual costs exceed the ceiling price, the contractor suffers
					 a loss.
The fixed-price cost incentive contract serves three
						objectives:
(1) It permits the
					 establishment of a firm ceiling price for performance of the contract which
					 takes into account uncertainties and contingencies in the cost of
					 performance;
(2) It motivates the
					 contractor economically since cost is in inverse relation to profit--the lower
					 the cost, the higher the profit; and
(3) It provides a flexible pricing mechanism
					 for establishing a cost sharing responsibility between the State and contractor
					 depending on the nature of the goods, services, or construction being procured,
					 the length of the contract performance, and the performance risks
					 involved.