reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 5 - SOFTWARE DEVELOPMENT BUSINESSES › Section 3-124-33 - Qualification procedure

Current through June, 2024
(a) A business
					 desiring a preference pursuant to section
					 103D-1006,
					 HRS, shall certify that they are a Hawaii software development business when
					 submitting an offer. A Certificate of Eligibility form issued by the
					 administrator shall be used to certify the business and be included as part of
					 the offer.
(b) Offerors shall
					 indicate on the certification form, included as part of the offer, sufficient
					 information to substantiate that eighty per cent of the employees who will be
					 working on the proposed software development project are domiciled in
					 Hawaii.
(c) Offerors shall submit
					 with the certification form sufficient information to support the Hawaii
					 software development business preference. Sufficient information shall include,
					 but not be limited to, the authorized officer's name, office or position held,
					 name of offeror and its local address, date that the office was opened, and
					 name and local addresses of offeror's employees who will provide the labor for
					 the required services. The procurement officer calling for offers may request
					 additional information deemed necessary in order to qualify the offeror, and
					 shall have sole discretion in determining acceptance of the offeror as a Hawaii
					 software development business.
(d)
					 Any offeror who is not accepted for the Hawaii software development business
					 preference may appeal by filing a written request for re-examination of facts
					 to the procurement officer who issued the solicitation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 5 - SOFTWARE DEVELOPMENT BUSINESSES › Section 3-124-34 - Solicitation procedure

Current through June, 2024
(a) Solicitations
					 issued by a state purchasing agency shall contain a notice stating that a price
					 preference will be given to Hawaii software development businesses. This price
					 preference will be ten per cent of the price, and will be used for
					 evaluation.
(b) All state
					 purchasing agencies shall provide an appropriate space for offerors to indicate
					 whether the bidder is requesting the Hawaii software development business
					 preference.
(c) When a solicitation
					 specifies that because of federal requirements, the Hawaii software development
					 business preference will not be considered, the price preference shall not
					 apply.
(d) Offerors requesting a
					 preference shall submit a completed certification form, as required by section
					 3-124-33, with each offer. Previous certifications shall not apply unless
					 allowed by the solicitation.
(e)
					 Any offeror who fails to indicate that it is a Hawaii software development
					 business will be presumed to be a non-Hawaii software development business and
					 the offeror's offer will be increased by ten per cent for purposes of
					 evaluation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 5 - SOFTWARE DEVELOPMENT BUSINESSES › Section 3-124-35 - Evaluation procedure and contract award

Current through June, 2024
(a) In any
					 expenditure of public funds for software development where offers received
					 contain both Hawaii and non-Hawaii software development businesses, for the
					 purpose of selecting the lowest offer only, the offer by a non-Hawaii software
					 development business shall be increased by ten per cent.
(b) Should more than one preference allowed
					 by-statute apply, the evaluated price shall be based on application of
					 applicable preferences in the order specified herein. The preferences (1)
					 through (7) in this subsection shall be applied to the original prices. The sum
					 of the preferences, where applicable, shall be added to the original price,
					 except that preferences (1) and (4) shall be subtracted from the Hawaii
					 products or recycled products price.
(1)
					 Hawaii products list, pursuant to section
					 103D-1002,
					 HRS;
(2) Tax adjustment for tax
					 exempt offerors, pursuant to section
					 103D-1008,
					 HRS;
(3) Preferred use of Hawaii
					 software development businesses, pursuant to section
					 103D-1006,
					 HRS;
(4) Recycled products,
					 pursuant to section
					 103D-1005,
					 HRS;
(5) Reciprocal preference,
					 pursuant to section
					 103D-1004, HRS;
					 and
(6) Printing, binding, and
					 stationery work within the State, pursuant to section
					 103D-1003,
					 HRS;
(7) . Preference for persons
					 with disabilities, pursuant to section
					 103D-1009,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 7 - TAX PREFERENCE › Section 3-124-50 - Purpose

Current through June, 2024
The purpose of this subchapter is to provide procedures
						for the application of the tax preference for taxpaying bidders. The objective
						is to ensure fair competition for bidders paying the applicable Hawaii general
						excise tax and the applicable Hawaii use tax.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 7 - TAX PREFERENCE › Section 3-124-51 - Definitions

Current through June, 2024
As used in this chapter: "Tax exempt bidder" means a
						bidder that is not subject to. the applicable Hawaii general excise and
						applicable Hawaii use tax, under chapters
						237 and
						23 8,
						HRS, resulting from the performance of the work required by the solicitation;
						or a bidder that has tax exempt status under federal or state laws or
						both.
"Taxpaying bidder" means a bidder that is subject to the
						applicable Hawaii general excise tax and applicable Hawaii use tax, under
						chapters
						237 and
						238,
						HRS, for the performance of the work required by the
						solicitation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 7 - TAX PREFERENCE › Section 3-124-52 - Applicability

Current through June, 2024
These rules shall apply to all solicitations issued
						pursuant to section
						103D-302,
						HRS, by a purchasing agency and the solicitation shall so state therein, except
						whenever the application will disqualify any government agency from receiving
						federal funds or aid.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 7 - TAX PREFERENCE › Section 3-124-53 - Qualification procedure

Current through June, 2024
Any taxpaying bidder shall qualify for the tax
						preference pursuant to this subchapter by submitting tax clearance
						certificate(s) issued by the state department of taxation and the Internal
						Revenue Service to the purchasing agency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 7 - TAX PREFERENCE › Section 3-124-54 - Bidding procedure

Current through June, 2024
Solicitations issued by a purchasing agency shall
						contain a notice stating that a tax preference will be given to taxpaying
						bidders.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 7 - TAX PREFERENCE › Section 3-124-55 - Evaluation procedure and contract award

Current through June, 2024
(a) As applicable,
					 the price submitted by the tax exempt bidder shall be increased by the
					 applicable retail rate of the Hawaii general excise tax and applicable use tax
					 to determine the evaluated price for award purposes.
(b) The contract amount shall be the original
					 price bid, exclusive of any preferences used in evaluating the bid.
(c) Should more than one preference allowed
					 by statute apply, the evaluated price shall be based on application of
					 applicable preferences in the order specified herein. The preferences (1)
					 through (7) in this subsection shall be applied to the original prices. The sum
					 of the preferences, where applicable, shall be added to the original price,
					 except that preferences (1) and (4) shall be subtracted from the Hawaii
					 products or recycled products price.
(1)
					 Hawaii products list, if applicable, pursuant to section
					 103D-1002,
					 HRS;
(2) Tax adjustment for tax
					 exempt bidders, pursuant to section
					 103D-1008,
					 HRS;
(3) Preferred use of Hawaii
					 software development businesses, pursuant to section
					 103D-1006
					 HRS;
(4) Recycled products,
					 pursuant to section
					 103D-1005,
					 HRS;
(5) Reciprocal preference,
					 pursuant to section
					 103D-1004, HRS;
					 and
(6) Printing, binding, and
					 stationery work within the State, pursuant to section
					 103D-1003.
					 HRS; and
(7) Preference for persons
					 with disabilities, pursuant to section
					 103D-1009,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 8 - QUALIFIED COMMUNITY REHABILITATION PROGRAMS › Section 3-124-60 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish
						procedures for extending a preference for goods and services provided by
						qualified community rehabilitation programs.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 8 - QUALIFIED COMMUNITY REHABILITATION PROGRAMS › Section 3-124-61 - Definitions

Current through June, 2024
Definitions are in section
						103D-1001, HRS. The
						following definitions are also applicable to terms used in this chapter:
"Department" means the state department of labor and
						industrial relations.
"Nonprofit corporation" means a corporation of which no
						part of the income or profit is distributable to its members, directors, or
						officers pursuant to chapter
						415B, HRS.
"Partners in employment program list" means a list
						issued by the state procurement office that identifies goods or services
						offered by qualified rehabilitation programs to all State and county
						agencies.
"Qualified offeror" means any offeror operating a
						qualified community rehabilitation program who is also a nonprofit corporation
						and is in conformance with criteria established by the department pursuant to
						chapter
						91, HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 8 - QUALIFIED COMMUNITY REHABILITATION PROGRAMS › Section 3-124-62 - Applicability

Current through June, 2024
These rules shall apply to all solicitations for goods
						and services made pursuant to sections
						103D-302
						and
						103D-303,
						HRS, issued by a purchasing agency and the solicitation shall so state
						therein.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 8 - QUALIFIED COMMUNITY REHABILITATION PROGRAMS › Section 3-124-63 - Qualification procedure

Current through June, 2024
(a) Qualification
					 for obtaining a preference shall be in conformance with criteria established by
					 this subchapter.
(b) Organizations
					 listed in the partners in employment program qualify for a preference. All
					 other prospective offerors desiring a preference shall submit with their offer
					 the "Certificate of Eligibility to be Certified as a Qualified Community
					 Rehabilitation Program" issued by the administrator.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 8 - QUALIFIED COMMUNITY REHABILITATION PROGRAMS › Section 3-124-64 - Evaluation procedure and contract award

Current through June, 2024
(a) In evaluating
					 offers for goods or services, all chief procurement officers and heads of
					 purchasing agencies shall purchase from qualified community rehabilitation
					 programs provided the prices submitted by a noncommunity rehabilitation program
					 shall be increased by the percentage allowed under section
					 103D-1009,
					 HRS, to determine the lowest evaluated offeror.
(b) The contract amount shall be the amount
					 of the price offered, exclusive of any preference.
(c) Should more than one preference allowed
					 by statute apply, the evaluated price shall be based on application of
					 applicable preferences in the order specified below. The preferences (1)
					 through (7) in this subsection shall be applied to the original prices. The sum
					 of the preferences, where applicable, shall be added to the original price,
					 except that preferences (1) and (4) shall be subtracted from the Hawaii
					 products or recycled products price.
(1)
					 Hawaii products list, pursuant to section
					 103D-1002,
					 HRS;
(2) Tax adjustment for tax
					 exempt offerors, pursuant to section
					 103D-1008,
					 HRS;
(3) Preferred use of Hawaii
					 software development businesses, pursuant to section
					 103D-1006,
					 HRS;
(4) Recycled products,
					 pursuant to section
					 103D-1005,
					 HRS;
(5) Reciprocal preference,
					 pursuant to section
					 103D-1004,
					 HRS;
(6) Printing, binding, and
					 stationery work within the State, pursuant to section
					 103D-1003,
					 HRS;
(7) Preference for persons
					 with disabilities, pursuant to section
					 103D-1009,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 8 - QUALIFIED COMMUNITY REHABILITATION PROGRAMS › Section 3-124-65 - Waiver to competitive bids or proposals

Current through June, 2024
(a) Notwithstanding
					 the provisions of section 3-124-66, any purchasing agency without advertising
					 or calling for offers may purchase goods and services provided by qualified
					 community rehabilitation programs pursuant to section 3-124-63 which have
					 indicated an interest in supplying the goods or services and on an equitable
					 basis may apportion the business among the interested programs; provided that:
(1) The goods or services meet the
					 specifications and needs of the head of the purchasing agency and are purchased
					 at a fair market price as determined by the appropriate public agency;
					 and
(2) The provider complies with
					 section
					 103D-1010,
					 HRS, and submit with their offer the "Certificate of Eligibility to be
					 Certified as a Qualified Community Rehabilitation Program."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 8 - QUALIFIED COMMUNITY REHABILITATION PROGRAMS › Section 3-124-66 - Partners in employment program

Current through June, 2024
The state procurement office shall:
(1) Maintain and post on the Internet a
					 current list of participants in the partners in employment program and the
					 goods and services they provide; and
(2) Ensure that any good or service available
					 from a qualified community rehabilitation program pursuant to this subchapter
					 is not placed on the Hawaii products list under section
					 103D-1002,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 8 - QUALIFIED COMMUNITY REHABILITATION PROGRAMS › Section 3-124-67 - Exempt from wage provision

Current through June, 2024
Service contracts awarded to qualified community
						rehabilitation programs under this subchapter shall be exempt from wages
						provision of section
						103-55,
						HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 9 - SMALL BUSINESS PREFERENCE RULES (INTERIM) › Section 3-124-70 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish
						procedures to implement the Hawaii Small Business Preference program. The
						procedures are intended to be flexible to allow for ongoing assessment and
						modification to:
(1) Strengthen and
					 nurture emerging Hawaii industries;
(2) Increase competition by broadening the
					 local small business contractor base;
(3) Develop and enhance the ability of local
					 small businesses to win and successfully perform federal, state, and local
					 government contracts;
(4) Provide
					 increased employment opportunities for local workers in high-skill trades and
					 technical fields; and
(5) Ensure
					 the Small Business Preference program is implemented so as to maximize
					 competition and obtain quality goods, services, and construction at reasonable
					 prices.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 9 - SMALL BUSINESS PREFERENCE RULES (INTERIM) › Section 3-124-71 - Small Business Utilization Council

Current through June, 2024
(a) There is
					 established a Small Business Utilization Council. The Council shall consist of:
Voting Members
(1) Chair - Director, Department of Business,
					 Economic Development & Tourism;
(2) Vice-Chair - Director, Department of
					 Accounting and General Services;
(3) Member - Director, Department of
					 Transportation;
(4) Member -
					 Administrator of the State Procurement Office; and
(5) Member- Such other agencies as may be
					 nominated by the designated members and approved by the board.
Non-voting Members
:
(6) Such other non-voting members
					 as may be nominated by the voting members and approved by the Board.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 9 - SMALL BUSINESS PREFERENCE RULES (INTERIM) › Section 3-124-72 - Administrator of the state procurement

Current through June, 2024
The Administrator of the State Procurement Office
						shall:
(1) Provide administrative
					 support and assistance to the Council in achieving the purposes of this
					 program;
(2) Implement the
					 Procurement Policy Board actions on Council recommendations through the
					 issuance of procurement directives and circulars to inform the public and
					 purchasing agencies of goals, size standards, and procedures under this
					 program;
(3) Collect procurement
					 information from purchasing agencies as need to support the Council's reporting
					 obligations;
(4) Consult and
					 coordinate with the Director, Department of Business, Economic Development and
					 Tourism to obtain necessary data analysis, economic information, and guidance
					 the Director considers necessary and appropriate to assist the Council in the
					 performance of its functions;
(5)
					 Establish and operate web-based information systems and other appropriate
					 methods to publicize, promote, and support this program.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 9 - SMALL BUSINESS PREFERENCE RULES (INTERIM) › Section 3-124-73 - Chief procurement officers and heads of purchasing agencies

Current through June, 2024
The various chief procurement officers and heads of
						purchasing agencies shall comply with reporting requirements and contracting
						procedures established by the Policy Board, In overseeing the overall
						procurement program under their jurisdiction, Chief Procurement Officers will
						apply the criteria set by the Policy Board and set-aside such contracts as are
						susceptible to performance by small businesses. For contracts that are net
						susceptible to performance by small businesses, chief procurement officers
						shall cause to be placed in such solicitations and resulting contracts,
						evaluation criteria and performance clauses that encourage utilization of small
						businesses.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 9 - SMALL BUSINESS PREFERENCE RULES (INTERIM) › Section 3-124-74 - Procedures and Clauses

Current through June, 2024
(a) In implementing
					 the program and applying such procedures and criteria as the Council may
					 direct, Chief Procurement Officers shall use solicitation provisions
					 substantially as follows:
(1) A Notice to
					 Offerors shall be included in all solicitations set-aside for award to small
					 businesses by the Chief Procurement Officer.
NOTICE OF SMALL BUSINESS SET-ASIDE
(a) Definition. "Small business concern," as
					 used in this clause, means a concern, including its affiliates, that is
					 independently owned and operated, not dominant in the field of operation in
					 which it is bidding on Government contracts, and qualified as a small business
					 under the size standards in this solicitation.
(b) General.
(1) Offers are solicited only from small
					 business concerns. Offers received from concerns that are not small business
					 concerns shall be rejected.
(2) Any
					 award resulting from this solicitation will be made only to a small business
					 concern.
(End of Solicitation
						Provision)
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-1 - General

Current through June, 2024
(a) Subject to subsection (b), the contract
				  clauses in this chapter are required for use in invitation for bids or requests
				  for proposals and may be used in other contracts subject to chapter
				  103D, HRS. Clauses that are specific
				  for a certain category of goods, services, or construction are not required for
				  contracts of another category. For example, specific clauses applicable only to
				  goods and services are not required for construction contracts.
(b) If the clauses set forth in this chapter
				  are plainly inappropriate for use in a proposed contract, then the chief
				  procurement officer or the head of a purchasing agency shall make a written
				  determination describing the circumstances requiring a material variation,
				  provided that notice of any variation shall be stated in the invitation for
				  bids or requests for proposals.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-2 - Change orders to goods and services contracts

Current through June, 2024
(a) A change order
				  is a written order signed by the procurement officer, directing the contractor
				  to make changes which the "changes clause" of the contract authorizes the
				  procurement officer to order without the consent of the contractor.
(b) The following paragraph, or similar
				  statement expressing the same intent of this paragraph, shall be included in
				  all contracts for goods and services:
"Changes Clause
(1)
Generally.
By
				  written order, at any time, and without notice to any surety, the procurement
				  officer may, unilaterally, order of the contractor:
(A) Changes in the work within the scope of
				  the contract; and
(B) Changes in
				  the time of performance of the contract that do not alter the scope of the
				  contract work.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-3 - Modifications to goods and services contracts

Current through June, 2024
(a) A contract
				  modification is a written alteration within the scope of the contract to
				  specifications, delivery point, rate of delivery, period of performance, price,
				  quantity, or other provisions of a contract accomplished by mutual action of
				  the parties to the contract.
(b)
				  The following paragraph, or similar statement expressing the same intent of
				  this paragraph, shall be included in all contracts for goods and services:
"Modifications Clause
(1)
Contract
				  modification.
By a written order, at any time, and without notice
				  to any surety, the procurement officer, subject to mutual agreement of the
				  parties to the contract and all appropriate adjustments, may make modifications
				  within the general scope of this contract to include any one or more of the
				  following:
(A) Drawings, designs, or
				  specifications, for the goods to be furnished;
(B) Method of shipment or packing;
(C) Place of delivery;
(D) Description of services to be
				  performed;
(E) Time of performance
				  (i.e., hours of the day, days of the week, etc.);
(F) Place of performance of the services;
				  or
(G) Other provisions of the
				  contract accomplished by mutual action of the parties to the
				  contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-4 - Changes for construction contracts

Current through June, 2024
The following paragraph, or similar statement expressing
					 the intent of this paragraph, shall be included in all construction
					 contracts:
"Changes Clause
(1)
Change order.
The procurement officer, at any time, and without notice to any surety, in a
				  signed writing designated or indicated to he a change order, may make changes
				  in the work within the scope of the contract as may be found to be necessary or
				  desirable. Such changes shall not invalidate the contract or release the
				  sureties, and the contractor will perform the work as changed, as though it had
				  been part of the original contract. Minor changes in the work may be directed
				  by the procurement officer with no change in contract price or time of
				  performance.
(2)
Adjustments of price or time for performance.
If any
				  change order increases or decreases the contractor's cost of, or the time
				  required for, performance of any part of the work under this contract, whether
				  or not changed by the order, an adjustment may be made and the contract
				  modified in writing accordingly.
(A) Any
				  adjustment in contract price made pursuant to this clause shall be determined
				  in accordance with the price adjustment clause included pursuant to section
				  3-125-13. Failure of the parties to agree to an adjustment in contract price
				  shall be resolved in accordance with the price adjustment clause included
				  pursuant to section 3-125-13(1)(E);
(B) Failure of the parties to agree to an
				  adjustment in time shall not excuse a contractor from proceeding with the
				  contract as changed, provided that the procurement officer, within fourteen
				  days after the changed work commences, makes such provisional adjustments in
				  time as the procurement officer deems reasonable.
The right of the contractor to dispute the contract price
					 or time required for performance or both shall not be waived by its performing
					 the work, provided however, that it follows the written notice requirements for
					 disputes and claims established by the contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-5 - Authorization for a stop work order for goods and services contracts

Current through June, 2024
(a) The paragraphs, or similar statements
				  expressing the intent of the paragraphs set forth in section 3-125-6, shall be
				  included in any fixed-price contract for goods and services under which work
				  stoppage may be required for reasons such as advancements in the state of the
				  art, production modifications, engineering changes, or realignment of
				  programs.
(b) Because stop work
				  orders may result in increased cost by reason of standby costs, the orders
				  shall be issued only with prior approval of the chief procurement officer, the
				  head of a purchasing agency, or designees of either officer. Generally, use of
				  a stop work order will be limited to situations in which it is advisable to
				  suspend work pending a decision to proceed and a supplemental agreement
				  providing for the suspension is not feasible. A stop work order may not be used
				  in lieu of the issuance of a termination notice after a decision to terminate
				  has been made.
(c) Stop work orders
				  shall not exceed sixty consecutive days and shall include, as appropriate:
(1) A clear description of the work to be
				  suspended;
(2) Instructions as to
				  the issuance of further orders by the contractor for material or
				  services;
(3) Guidance as to action
				  to be taken on subcontracts; and
(4) Other instructions and suggestions to the
				  contractor for minimizing costs.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-6 - Stop work orders for goods and services contracts

Current through June, 2024
The following paragraphs, or similar statements expressing
					 the intent of these paragraphs, shall be included in all goods and services
					 contracts:
(1) "
Order to
				  stop work.
The procurement officer, may, by written order to the
				  contractor, at any time, and without notice to any surety, require the
				  contractor to stop all or any part of the work called for by this contract.
				  This order shall be for a specified period not exceeding sixty days after the
				  order is delivered to the contractor, unless the parties agree to any further
				  period. Any order shall be identified specifically as a stop work order issued
				  pursuant to this section. Upon receipt of an order, the contractor shall
				  forthwith comply with its terms and take all reasonable steps to minimize the
				  occurrence of costs allocable to the work covered by the order during the
				  period of work stoppage. Before the stop work order expires, or within any
				  further period to which the parties shall have agreed, the procurement officer
				  shall either:
(A) Cancel the stop work order;
				  or
(B) Terminate the work covered
				  by the order as provided in the 'termination for default clause or the
				  'termination for convenience clause' of this contract."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-7 - Suspension of work for construction contracts

Current through June, 2024
The following paragraphs, or similar statements expressing
					 the intent of these paragraphs, shall be included in all construction
					 contracts:
(1) "
Suspension
				  of work.
The procurement officer may, by written order, suspend
				  the performance of the work, either in whole or in part for periods as the
				  procurement officer may deem necessary for any cause, including but not limited
				  to:
(A) Weather or soil conditions considered
				  unsuitable for prosecution of the work;
(B) Failure on the part of the contractor to:
(i) Correct conditions unsafe for the general
				  public or for the workers;
(ii)
				  Carry out orders given by the procurement officer;
(iii) Perform the work in strict compliance
				  with the provisions of the contract; or
(iv) Provide adequate supervision on the
				  jobsite.
(C) Whenever a
				  redesign that may affect the work is deemed necessary by the procurement
				  officer;
(D) Unacceptable noise or
				  dust arising from the construction even if it does not violate any law or
				  regulation; or
(E) The convenience
				  of the State."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-8 - Variations in quantities for definite quantity goods and services contracts

Current through June, 2024
The following statement, or similar statements expressing
					 the same intent, shall be included in definite quantity goods or services
					 contracts:
"
Variation in quantity.
Upon the
					 agreement of the parties, the quantity of goods or services or both specified
					 in this contract may be increased by a maximum of ten per cent provided (1) the
					 unit prices will remain the same except for any price adjustments otherwise
					 applicable and (2) the procurement officer makes a written determination that
					 such an increase will either be more economical than awarding another contract
					 or that it would not be practical to award, .another
					 contract."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-9 - Variations in quantities for indefinite quantity goods and services contracts

Current through June, 2024
No statements are provided in this section, because in
					 indefinite quantity contracts, the flexibility as to the State's obligation to
					 order and the contractor's obligation to deliver should be designed to meet
					 using agency needs, while still making the contract as attractive as possible
					 to potential contractors, to obtain maximum practicable competition and to
					 assure the best economy for the State. However, in each case, the contract
					 should state:
(1) The minimum
				  quantity, if any, the state is obligated to order and the contractor is to
				  provide;
(2) Whether there is a
				  quantity the State expects to order and how this quantity relates to any
				  minimum and maximum quantities that may be ordered under the
				  contract;
(3) Any maximum quantity
				  the State may order and the contractor must provide; and
(4) Whether the State is obligated to order
				  its actual requirements under the contract, or in the case of a multiple award
				  as defined in section 3-122-145, that the State will order its actual
				  requirements from the contractors under the multiple award subject to any
				  minimum or maximum quantity stated.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-10 - Variations in estimated quantities for construction contracts

Current through June, 2024
The following paragraphs, or similar statements expressing
					 the intent of these paragraphs, shall be included only in those construction
					 contracts which contain estimated quantity items:
(1) "
Variations requiring
				  adjustments.
Where the quantity of a pay item in this contract is
				  an estimated quantity and where the actual quantity of such pay item varies
				  more than fifteen per cent above or below the estimated quantity stated in this
				  contract, an adjustment in the contract price shall be made upon demand of
				  either party. The adjustment shall be based upon any increase or decrease in
				  costs due solely to the variation above one hundred fifteen per cent or below
				  eighty-five per cent of the estimated quantity. If the quantity variation is
				  such as to cause an increase in the time necessary for completion, the
				  procurement officer shall, upon receipt of a timely written request for an
				  extension of time, prior to final payment of the contract, ascertain the facts
				  and make such adjustment for extending the completion date as in the judgment
				  of the procurement officer the findings justify."
(2) "
Adjustment of
				  price.
Any adjustment in contract price shall be determined in
				  accordance with the price adjustment provisions of this chapter."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-11 - Differing site conditions for construction contracts

Current through June, 2024
Paragraph (1) or similar statements expressing the same
					 intent, shall be included in all construction contracts in which the
					 procurement officer determines that the contractor should not accept the risk
					 of differing site conditions. Where the procurement officer determines that a
					 contractor must accept the risk of differing site conditions, the clause in
					 paragraph (2), or similar statement expressing the intent of the clause, shall
					 be included.
(1)
				  "
Differing site conditions - price adjustments.
(A)
Notification.
The contractor shall promptly, and before such conditions are disturbed, notify
				  the procurement officer of:
(i) Subsurface or
				  latent physical conditions at the site differing materially from those
				  indicated in this contract; or
(ii)
				  Unknown physical conditions at the site, of an unusual nature, differing
				  materially from those ordinarily encountered and generally recognized as
				  inherent in work of the character provided for in this contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-12 - Price adjustment for goods and services contracts

Current through June, 2024
The following paragraph or similar statement expressing
					 the intent of this paragraph, shall be included in all contracts for goods and
					 services for which price adjustments will be allowed:
"Price Adjustment Clause
(1)
Price adjustment
				  methods.
Any adjustment in contract price pursuant to a clause in
				  this contract shall be made in one or more of the following ways:
(A) By agreement on a fixed price adjustment
				  before commencement of the pertinent performance;
(B) By unit prices specified in the contract
				  or subsequently agreed upon before commencement of the pertinent
				  performance;
(C) By the costs
				  attributable to the events or situations under such clauses with adjustment of
				  profit or fee, all as specified in the contract or subsequently agreed upon
				  before commencement of the pertinent performance;
(D) In any other manner as the contracting
				  parties may mutually agree upon before commencement of the pertinent
				  performance; or
(E) In the absence
				  of agreement between the parties, the provisions of section
				  103D-501(b)(5),
				  HRS, shall apply.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-13 - Price adjustment for construction contracts

Current through June, 2024
(a) The
				  paragraphs in this subsection, or similar statements expressing the intent of
				  these paragraphs, shall be included in all applicable construction contracts
				  for which price adjustments will be allowed:
(1) "
Price
				  adjustment.
Any adjustment in contract price pursuant to a clause
				  in this contract shall be made in one or more of the following ways:
(A) By agreement on a fixed price adjustment
				  before commencement of the pertinent performance or as soon thereafter as
				  practicable ;
(B) By unit prices
				  specified in the contract or subsequently agreed upon;
(C) Whenever there is a variation in quantity
				  for any work covered by any line item in breakdown costs provided by the
				  contractor pursuant to contractual pre-work submittal requirements, by the
				  procurement officer, at the procurement officer's discretion, adjusting the
				  lump sum price proportionately;
(D)
				  In such other manner as the parties may mutually agree;
(E) At the sole option of the procurement
				  officer, by the costs attributable to the event or situation covered by the
				  change, plus appropriate profit or fee; or
(F) In the absence of agreement between the
				  parties, by a unilateral determination by the procurement officer of the costs
				  attributable to the event or situation covered by the clause, plus appropriate
				  profit or fee, all as computed by the procurement officer in accordance with
				  generally accepted accounting principles and applicable sections of chapters
				  3-123 and 3-126."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-14 - Novation, or change of name

Current through June, 2024
The following paragraphs are authorized for use in all
					 contracts:
(1) "
No
				  assignment.
No State contract is transferable, or otherwise
				  assignable, without the written consent of the chief procurement officer or the
				  head of a purchasing agency provided that a contractor may assign monies
				  receivable under a contract after due notice to the State."
(2) "
Recognition of a successor
				  in interest; assignment.
When in the best interest of the State, a
				  successor in interest may be recognized in an assignment agreement in which the
				  transferor, the transferee and the State shall agree that:
(A) The transferee assumes all of the
				  transferor's obligations;
(B) The
				  transferor remains liable for all obligations under the contract but waives all
				  rights under the contract as against the State; and
(C) The transferor shall continue to furnish,
				  and the transferee shall also furnish, all required bonds."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-15 - Claims based on a procurement officer's actions or omissions for goods and services contracts

Current through June, 2024
The following paragraphs, or similar statements expressing
					 the intent of the paragraphs, shall be included in all goods and services
					 contracts:
(1) "
"Claims
				  based on a procurement officer's actions or omissions.
If any
				  action or omission on the part of a procurement officer or designee of the
				  officer, requiring performance changes within the scope of the contract
				  constitutes the basis for a claim by the contractor for additional
				  compensation, damages, or an extension of time for completion, the contractor
				  shall continue with performance of the contract in compliance with the
				  directions or orders of such officials, but by so doing, the contractor shall
				  not be deemed to have prejudiced any claim for additional compensation,
				  damages, or an extension of time for completion; provided:
(A) The contractor shall have given written
				  notice to the procurement officer or designee of the officer:
(i) Prior to the commencement of the work
				  involved, if at that time the contractor knows of the occurrence of the action
				  or omission;
(ii) Within thirty
				  days after the contractor knows of the occurrence of the action or omission, if
				  the contractor did not have knowledge prior to the commencement of the work;
				  or
(iii) Within further time as may
				  be allowed by the procurement officer in writing.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 125 - MODIFICATIONS AND TERMINATIONS OF CONTRACTS › Section 3-125-16 - Claims based on oral directives for construction contracts

Current through June, 2024
The following paragraphs, or similar statements expressing
					 the intent of these paragraphs, shall be included in all construction
					 contracts:
(1) "Any oral order,
				  direction, instruction, interpretation, or determination from the procurement
				  officer which, in the opinion of the contractor, causes any change, can be
				  considered as a change only if the contractor gives the procurement officer
				  written notice of its intent to treat the oral order, direction, instruction,
				  interpretation, or determination as a change directive. The written notice must
				  be delivered to the procurement officer before the contractor acts in
				  conformity with the oral order, direction, instruction, interpretation, or
				  determination, but not more than five days after delivery of the oral order to
				  the contractor. The written notice shall state the date, circumstances, whether
				  a time extension will be requested, and source of the order that the contractor
				  regards as a change. The written notice may not be waived and shall be a
				  condition precedent to the filing of a claim by the contractor. Unless the
				  contractor acts in accordance with this procedure, any oral order shall not be
				  treated as a change and the contractor waives any claim for an increase in the
				  contract time or contract price related to the work."
(2) "Not more than five days after receipt of
				  the written notice from the contractor, the procurement officer shall issue a
				  change order for the subject work if the procurement officer agrees that it
				  constitutes a change. If no change order is issued in the time established, it
				  shall be deemed a rejection of the contractor's claim for a change. If the
				  contractor objects to the procurement officer's refusal to issue a change
				  order, it shall file a written protest with the procurement officer within
				  thirty days after delivery to the procurement officer of the contractor's
				  written notice of its intention to treat the oral order as a change. In all
				  cases the contractor shall proceed with the work. The protest shall be
				  determined as provided in the disputes and claims section of the
				  contract."