reglab/statecodes huggingface dataset:
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 3-125-19 - Liquidated damages for goods and services contracts

Current through June, 2024
The following statement captioned "Liquidated damages" may
					 be used in goods or services contracts when it is difficult to determine with
					 reasonable accuracy the amount of damage to the State due to delays caused by
					 late contractor performance or nonperformance and the contract contains the
					 termination for default clause set forth in section
					 3-125-17:
"
Liquidated damages.
When the
					 contractor is given notice of delay or nonperformance as specified in section
					 3-125-17(1) of the
					 termination for default clause of this contract and fails to cure in the time
					 specified, the contractor shall pay to the State the amount of $_________ per
					 calendar day from date set for cure until either the State reasonably obtains
					 similar goods or services if the contractor is terminated for default, or until
					 the contractor provides the goods or services if the contractor is not
					 terminated for default. To the extent that the contractor's delay or
					 nonperformance is excused under section
					 3-125-17(4),
					 excuse for nonperformance or delayed performance of the termination for default
					 clause of this contract, liquidated damages shall not be due the State. The
					 contractor remains liable for damages caused other than by
					 delay."
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 3-125-20 - Liquidated damages for construction contracts

Current through June, 2024
The following statement captioned "Liquidated damages" may
					 be used in construction contracts when it is difficult to determine with
					 reasonable accuracy damage to the State due to delays cause by late contractor
					 performance or nonperformance:
"
Liquidated damages.
When the
					 contractor fails to complete the work or any portion of the work within the
					 time or times fixed in the contract or any extension thereof, it is agreed the
					 contractor shall pay to the State the amount of [$ ] per calendar day of
					 delay."
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 3-125-21 - Termination for convenience of 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)
				  "
Termination for convenience.
The procurement officer
				  may, when the interests of the State so require, terminate this contract in
				  whole or in part, for the convenience of the State. The procurement officer
				  shall give written notice of the termination to the contractor, specifying the
				  part of the contract terminated and when termination becomes
				  effective."
(2)
				  "
Contractors obligations.
The contractor shall incur
				  no further obligations in connection with the terminated work, and on the dates
				  set in the notice of termination the contractor will stop work to the extent
				  specified. The contractor shall also terminate outstanding orders and
				  subcontracts as they relate to the terminated work. The contractor shall settle
				  the liabilities and claims arising out of the termination of subcontracts and
				  orders connected with the terminated work subject to the State's approval. The
				  procurement officer may direct the contractor to assign the contractor's right,
				  title, and interest under terminated orders or subcontracts to the State. The
				  contractor must still complete the work not terminated by the notice of
				  termination and may incur obligations as are necessary to do so."
(3) "
Right to goods.
The procurement officer may require the contractor to transfer title and
				  deliver to the State in the manner and to the extent directed by the
				  procurement officer:
(A) Any completed goods;
				  and
(B) The partially completed
				  goods and materials, parts, tools, dies, jigs, fixtures, plans, drawings,
				  information, and contract rights, hereinafter called "manufacturing material,"
				  as the contractor has specifically produced or specially acquired for the
				  performance of the terminated part of this contract. The contractor shall, upon
				  direction of the procurement officer, protect and preserve property in the
				  possession of the contractor in which the State has an interest. If the
				  procurement officer does not exercise this right, the contractor shall use the
				  contractor's best efforts to sell the goods and manufacturing materials. Use of
				  this section in no way implies that the State has breached the contract by
				  exercise of the termination for convenience clause."
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 3-125-22 - Termination for convenience of 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)
				  "
Terminations.
The procurement officer may, when the
				  interests of this State so require, terminate this contract in whole or in
				  part, for the convenience of the State. The procurement officer shall give
				  written notice of the termination to the contractor specifying the part of the
				  contract terminated and when termination becomes effective."
(2) "
Contractor's
				  obligations.
The contractor shall incur no further obligations in
				  connection with the terminated work, and on the date set in the notice of
				  termination the contractor will stop work to the extent specified. The
				  contractor shall also terminate outstanding orders and subcontracts as they
				  relate to the terminated work. The contractor shall settle the liabilities and
				  claims arising out of the termination of subcontracts and orders connected with
				  the terminated work subject to the State's approval. The procurement officer
				  may direct the contractor to assign the contractor's right, title, and interest
				  under terminated orders or subcontracts to the State. The contractor must still
				  complete the work not terminated by the notice of termination and may incur
				  obligations as necessary to do so."
(3) "
Right to construction and
				  goods
. The procurement officer may require the contractor to
				  transfer title and deliver to the State in the manner and to the extent
				  directed by the procurement officer:
(A) Any
				  completed constructions; and
(B)
				  The partially completed construction, goods, materials, parts, tools, dies,
				  jigs, fixtures, plans, drawings, information, and contract rights (hereinafter
				  called "construction material") as the contractor has specifically produced or
				  specially acquired for the performance of the terminated part of this contract.
The contractor shall protect and preserve property in the
					 possession of the contractor in which the State has an interest. If the
					 procurement officer does not exercise this right, the contractor shall use the
					 contractor's best efforts to sell the construction, goods, and construction
					 materials in accordance with the standards of section
					 490:2-706,
					 HRS. This in no way implies that the State has breached the contract by
					 exercise of the termination for convenience clause."
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 3-125-24 - Remedies clause

Current through June, 2024
The following clause, or a similar statement expressing
					 the intent of the clause, shall be included in all contracts:
"
Remedies clause.
Any dispute
					 arising under or out of this contract is subject to chapter
					 3-126."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 1 - AUTHORITY TO RESOLVE PROTESTED › Section 3-126-1 - Definitions

Current through June, 2024
(a) In addition to the definitions in section
					 103D-104, HRS, the
					 following definitions also apply to this chapter:
"Award" means the written notification of the State's
						acceptance of a bid or proposal, or the presentation of a contract to the
						selected offeror.
"Person" includes individuals, partnerships,
						corporations, associations, or public or private organizations or any character
						other than a governmental body.
"Protestor" means any actual or prospective bidder,
						offeror, or contractor who is aggrieved in connection with the solicitation or
						the award of a contract and who files a protest.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 1 - AUTHORITY TO RESOLVE PROTESTED › Section 3-126-3 - Filing of complaint and protest prior to receipt of offers

Current through June, 2024
(a) Protestor initially should seek an
					 informal resolution of the protestor's complaint with the procurement officer
					 named in the solicitation.
(b)
					 Protestor may file a protest pursuant to section
					 103D-701,
					 HRS, prior to receipt of offers on any phase of a solicitation including, but
					 not limited to, specifications or disclosure of information marked confidential
					 in the bid or offer.
(c) To
					 expedite handling of protests, the envelope should be labeled "Protest" and
					 either served personally or sent by registered or certified mail, return
					 receipt requested, to the chief procurement officer or as otherwise specified
					 in the solicitation.
(d) The
					 written protest shall include at a minimum the following:
(1) The name and address of the
					 protestor;
(2) Appropriate
					 identification of the procurement;
(3) A statement of reasons for the protest;
					 and
(4) Supporting exhibits,
					 evidence, or documents to substantiate any claims unless not available within
					 the filing time in which case the expected availability date shall be
					 indicated.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 1 - AUTHORITY TO RESOLVE PROTESTED › Section 3-126-4 - Protest of an award

Current through June, 2024
(a) A protest of a award shall be submitted
					 in writing to the chief procurement officer or as otherwise specified in the
					 solicitation, within five working days after the posting of the notice of award
					 for solicitations pursuant to section
					 103D-302
					 or
					 103D-303,
					 HRS; provided a protest following a debriefing pursuant to section
					 103D-303(h),
					 HRS, shall be submitting in writing within five working days after the
					 debriefing is completed. The provisions of section 3-126-3(c) and (d) to file a
					 protest shall be complied with. Heads of purchasing agencies shall not proceed
					 with the award upon receipt of a timely protest, and shall comply with section
					 3-126-5.
(b) Protest of an award
					 pursuant to section
					 103D-304,
					 103D-305,
					 or
					 103D-306,
					 HRS, shall be submitted in writing by the protestor to the procurement officer,
					 within five working days of knowledge giving rise to the protest; provided a
					 protest following a debriefing pursuant to section
					 103D-304(k),
					 HRS, shall be submitted in writing within five working days after the
					 debriefing is completed.
(1) A protest shall
					 be filed in accordance with section 3-126-3(c) and (d), with supporting
					 exhibits, evidence, or documents to substantiate the protest;
(2) A decision shall be made by the
					 procurement officer as expeditiously as possible after reviewing all relevant
					 information, and shall be final. A decision issued in resolution of a protest
					 shall contain the following:
(A) A statement
					 of the action to be taken or resolution to the protest; and
(B) A statement that the decision is final
					 and conclusive.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 1 - AUTHORITY TO RESOLVE PROTESTED › Section 3-126-5 - Stay of procurements during protest

Current through June, 2024
When a protest has been filed pursuant to section
						3-126-3 or
						3-126-4, no further action shall be
						taken until the protest has been settled,' unless the chief procurement officer
						makes a written determination, after consulting with the head of the purchasing
						agency, that the award of the contract is necessary to protect the substantial
						interests of the State.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 1 - AUTHORITY TO RESOLVE PROTESTED › Section 3-126-6 - Request for information

Current through June, 2024
(a) Any additional
					 information requested by any of the parties should be submitted within the time
					 periods established by the requesting party in order to expedite consideration
					 of the protest unless justification is provided for a delay. Unsubstantiated
					 delays may result in resolution of the protest without consideration of any
					 information which is not filed within the established time period.
(b) The chief procurement officer or designee
					 shall, upon written request, make available to any interested party information
					 submitted that bears on the substance of the protest except where information
					 is proprietary, confidential, or otherwise permitted or required to be withheld
					 by law or rules. Persons submitting information considered proprietary,
					 confidential, or otherwise permitted or required to be withheld by law or rules
					 shall request that the information be kept confidential by specifically
					 identifying the information within documents submitted, and indicating on the
					 front page of each document that it contains such information.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 1 - AUTHORITY TO RESOLVE PROTESTED › Section 3-126-7 - Decision by the chief procurement officer or designee

Current through June, 2024
(a)
					 A decision on a protest shall be made by the chief procurement officer or
					 designee as expeditiously as possible after reviewing all relevant information,
					 and shall be final.
(b) The
					 protestor shall be informed:
(1) Whether the
					 protest is denied or sustained; and
(2) If the protest is denied, the protestor's
					 right to an administrative proceeding pursuant to subchapter
					 5.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 2 - AUTHORITY TO DEBAR OR SUSPEND › Section 3-126-11 - Application

Current through June, 2024
This subchapter applies to the debarment, or suspension
						of persons from consideration for award of all public contracts and from
						performance on any public contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 2 - AUTHORITY TO DEBAR OR SUSPEND › Section 3-126-11.01 - Other causes for debarment or suspension

Current through June, 2024
(a)
					 Debarment procedures shall be initiated by the administrator of the state
					 procurement office for any person committing an act, after the effective date
					 of this section, for which that person is subsequently assessed an
					 administrative fine of $5,000 or more by the campaign spending commission under
					 section 11-228, HRS, or convicted of a violation under section 11-229,
					 HRS.
(b) "Person" for the purposes
					 of this section shall be as defined under section 11-191, HRS.
(c) The campaign spending commission shall
					 provide the administrator of the state procurement office a listing of all
					 persons fined or convicted, including the date of the violation and date the
					 fine or conviction was imposed.
(d)
					 The procurement officer shall, prior to award, verify the offeror's eligibility
					 under subsection (a).
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 2 - AUTHORITY TO DEBAR OR SUSPEND › Section 3-126-12 - Suspension

Current through June, 2024
(a) After consultation with the affected
					 purchasing agency, the respective attorney general or corporation counsel, and,
					 where practicable, the person who is to be suspended, and upon written
					 determination by the chief procurement officer or designee that probable cause
					 exists for debarment as set forth in section
					 103D-702,
					 HRS, that person shall be suspended.
(b) A notice of suspension, including a copy
					 of the determination, shall be sent to the suspended person stating that:
(1) The suspension is for the period it takes
					 to complete an investigation into possible debarment including any appeals of a
					 debarment decision but shall not exceed three months unless the chief
					 procurement officer or designee determines in writing that additional time is
					 necessary to complete the investigation;
(2) Bids or proposals will not be solicited
					 from the suspended person, and if they are received, they will not be
					 considered during the period of suspension; and
(3) The suspended person may request a review
					 in accordance with section 3-126-14.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 2 - AUTHORITY TO DEBAR OR SUSPEND › Section 3-126-13 - Notice of debarment action

Current through June, 2024
(a) Written notice
					 of the proposed debarment action shall be sent by certified mail, return
					 receipt requested, to the person and shall:
(1) State that debarment is being
					 considered;
(2) Set forth the.
					 reasons for the action;
(3) State
					 that if the person so requests, a review will be conducted, provided the
					 request is received by the chief procurement officer or designee within ten
					 working days after the person receives notice of the proposed action;
					 and
(4) State that the person may
					 be represented by counsel.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 2 - AUTHORITY TO DEBAR OR SUSPEND › Section 3-126-14 - Review by a chief procurement officer or designee

Current through June, 2024
(a) A person
					 notified of a proposed debarment action may request in writing that a review be
					 conducted. The request must be received by the official proposing the action
					 within ten working days of receipt of notice of the proposed action under
					 section 3-126-12 or 3-126-13. The request for review shall contain a detailed
					 statement of the factual and legal grounds upon which reversal or modification
					 is deemed warranted, specifying any errors of law made or information not
					 previously considered.
(b) If no
					 request is received within the ten working day period, a final determination
					 may be made as set forth in section 3-126-16 after consulting with the
					 respective attorney general or corporation counsel and the affected purchasing
					 agency.
(c) If a review is
					 requested, the chief procurement officer may appoint a designee to conduct the
					 review and recommend a final decision. Otherwise, the chief procurement officer
					 shall conduct the review.
(d) The
					 chief procurement officer or designee shall send a written notice to the person
					 within fifteen working days of the request for review. The written notice shall
					 be sent by certified mail, return receipt requested, and shall state the time
					 and place, and the nature and purpose of the proceedings. copies shall be sent
					 to the respective attorney general or corporation counsel and the purchasing
					 agency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 2 - AUTHORITY TO DEBAR OR SUSPEND › Section 3-126-15 - Review procedures

Current through June, 2024
(a) The review
					 shall be as informal as may be reasonable and appropriate under the
					 circumstances and in accordance with applicable due process requirements
					 completed within sixty days from the date set for the review.
(b) The weight to be attached to evidence
					 presented will be within the discretion of the review officer. The review
					 officer may require evidence in addition to that offered by the
					 parties.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 2 - AUTHORITY TO DEBAR OR SUSPEND › Section 3-126-16 - Determination of the review officer

Current through June, 2024
(a) The review
					 officer shall prepare a written determination recommending a course of action.
					 Copies shall be sent to all affected parties, including the person under
					 consideration for debarment, the respective attorney general or corporation
					 counsel, and the affected purchasing agency.
(b) The person under consideration for
					 debarment shall have ten working days to file comments upon the review
					 officer's determination. The chief procurement officer or designee may request
					 oral argument.
(c) After
					 consultation with the affected purchasing agency and the respective attorney
					 general or corporation counsel, the chief procurement, officer or designee
					 shall issue a final decision. Both the review officer's determination and the
					 final decision shall recite the evidence relied upon.
(d) When debarment is recommended or ordered,
					 the length of the debarment, not to exceed three years, the reasons for such
					 action, and to what extent affiliates are affected shall be set forth. In
					 addition, the final determination shall inform the debarred person of the right
					 to commence an administrative proceeding under subchapter
					 5.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 2 - AUTHORITY TO DEBAR OR SUSPEND › Section 3-126-17 - Effect of debarment decision

Current through June, 2024
A debarment decision will take effect upon issuance and
						receipt by the debarred person. After the debarment decision takes effect, that
						person shall remain debarred until a court or the chief procurement officer, or
						designee who issued the decision, orders otherwise or until the debarment
						period specified in the decision expires.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 2 - AUTHORITY TO DEBAR OR SUSPEND › Section 3-126-18 - List of debarred and suspended persons

Current through June, 2024
(a) The chief
					 procurement officer shall send a copy of the decision to debar or suspend a
					 person to the administrator of the state procurement office who shall compile
					 and distribute a list to all chief procurement officers of the State and post
					 the list on the state procurement office's website. Each chief procurement
					 officer shall send the list and updates of the list to all purchasing
					 agencies.
(b) Should a debarred or
					 suspended person have a contract awarded prior to the effective date of the
					 list, the chief procurement officer shall make a written determination as to
					 whether to allow a debarred or suspended contractor to continue performance on
					 that contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 3 - AUTHORITY TO RESOLVE CONTRACT AND BREACH OF CONTRACT CONTROVERSIES › Section 3-126-25 - General

Current through June, 2024
This subchapter establishes procedures and remedies to
						resolve contract and breach of contract controversies between the State and a
						contractor. It is the State's policy to try to resolve all controversies by
						mutual agreement without litigation. In appropriate circumstances, informal
						discussions between the parties can aid in the resolution of differences by
						mutual agreement and are encouraged. If informal discussions do not resolve the
						controversy, individuals who have not participated substantially in the matter
						in controversy may be brought in to conduct discussions if this is feasible.
						Independent committees and panels which review controversies expeditiously and
						informally with a view to fair settlement possibilities are encouraged at this
						stage.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 3 - AUTHORITY TO RESOLVE CONTRACT AND BREACH OF CONTRACT CONTROVERSIES › Section 3-126-27 - Delegation of authority to procurement officer

Current through June, 2024
(a) Subject
					 to subsection (b), unless a provision of the contract specifies that the
					 authority to settle and resolve controversies and to issue decisions is
					 reserved to the head of a purchasing agency, the authority is hereby delegated
					 to the procurement officer.
(b) The
					 settlement or resolution of controversies involving claims in excess of fifty
					 thousand dollars is subject to the prior written approval of the head of a
					 purchasing agency. The procurement officer shall prepare a recommended decision
					 for the head of a purchasing agency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 3 - AUTHORITY TO RESOLVE CONTRACT AND BREACH OF CONTRACT CONTROVERSIES › Section 3-126-28 - Procurement officer's decision

Current through June, 2024
(a) When a
					 controversy cannot be resolved by mutual agreement, the procurement
					 officer'shall promptly issue a final written decision. Before issuing the
					 decision, the procurement officer shall:
(1)
					 Review the facts pertinent to the controversy; and
(2) Secure any necessary assistance from
					 legal, fiscal, and other advisors.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 3 - AUTHORITY TO RESOLVE CONTRACT AND BREACH OF CONTRACT CONTROVERSIES › Section 3-126-29 - Controversies involving state claims against the contractor

Current through June, 2024
All controversies involving claims asserted by the State
						against a contractor which cannot be resolved by mutual agreement shall be the
						subject of a decision by the chief procurement officer or designee as
						applicable.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 3 - AUTHORITY TO RESOLVE CONTRACT AND BREACH OF CONTRACT CONTROVERSIES › Section 3-126-31 - Disputes clause

Current through June, 2024
Language substantially similar to the following clause
						shall be inserted in all state contracts:
"Disputes
(1)
					 All controversies between the State and the contractor which arise under, or
					 are by virtue of, this contract and which are not resolved by mutual agreement,
					 shall be decided by the procurement officer in writing, within ninety calendar
					 days after a written request by the contractor for a final decision concerning
					 the controversy; provided that if the procurement officer does not issue a
					 written decision within ninety calendar days after written request for a final
					 decision, or within such longer period as may be agreed upon by the parties,
					 then the contractor may proceed as if an adverse decision had been
					 received.
(2) The procurement
					 officer shall immediately furnish a copy of the decision to the contractor, by
					 certified mail, return receipt requested, or by any other method that provides
					 evidence of receipt.
(2) Any such
					 decision shall be final and conclusive, unless fraudulent, or unless the
					 contractor brings an action seeking judicial review of the decision in a
					 circuit court of this State within the six months from the date of receipt of
					 the decision.
(3) The contractor
					 shall comply with any decision of the procurement officer and proceed
					 diligently with performance of this contract pending final resolution by a
					 circuit court of this State of any controversy arising under, or by virtue of,
					 this contract, except where there has been a material breach of contract by the
					 State; provided that in any event the contractor shall proceed diligently with
					 the performance of the contract where the chief procurement officer has made a
					 written determination that continuation of work under the contract is essential
					 to the public health and safety."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 4 - DETERMINATION THAT SOLICITATION OR AWARD VIOLATES LAW › Section 3-126-35 - Application

Current through June, 2024
The provisions of this subchapter apply where it is
						determined administratively, or upon administrative or judicial review, that a
						solicitation or award of a contract is in violation of law.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 4 - DETERMINATION THAT SOLICITATION OR AWARD VIOLATES LAW › Section 3-126-36 - Violation determination

Current through June, 2024
(a) A solicitation
					 or award may be in violation of the law due to actions of state or county
					 employees, bidders, offerors, contractors, or other persons. After consultation
					 with the respective attorney general or the corporation counsel, as applicable,
					 the chief procurement officer or designee may determine that a solicitation or
					 contract award is in violation of the provisions of chapter
					 103D, HRS, or the rules adopted
					 under the chapter.
(b) After
					 consultation with the respective attorney general or corporation counsel, the
					 state ethics commission may determine that a solicitation or award violates
					 chapter
					 84, HRS. Any such determination shall
					 be made in writing after an opportunity to be heard is given, and such
					 determination is subject to appropriate appeal. The department of commerce and
					 consumer affairs hearings officer designated in subchapter
					 5 may determine that a solicitation or
					 contract award is in violation of the provisions of the state procurement code
					 or the rules adopted under the code. The circuit court designated in
					 subchapters
					 6 and 7 may find that a solicitation or
					 award is in violation of law.
(c)
					 Specific findings showing reckless disregard of clearly applicable laws or
					 rules must support a finding of bad faith. A finding of fraud must be supported
					 by specific findings showing knowing, willful acts in disregard of such laws or
					 rules.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 4 - DETERMINATION THAT SOLICITATION OR AWARD VIOLATES LAW › Section 3-126-37 - Remedies prior to an award

Current through June, 2024
A finding by the chief procurement officer or designee,
						after consultation with the respective attorney general or corporation counsel,
						as applicable, that the solicitation or proposed award is in violation of law,
						will constitute a cogent and compelling reason to
						cancel
,
or revise a solicitation or proposed award.
						The cancellation shall be made in accordance with subchapter
						11, chapter 3-122.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-42 - Commencement of proceedings

Current through June, 2024
An administrative proceeding authorized by sections
						103D-310,
						103D-701,
						103D-702
						and
						103D-709,
						HRS, shall commence by the filing of a request for hearing with the office of
						administrative hearings, department of commerce and consumer affairs within
						seven calendar days, in accordance with section
						103D-712,
						HRS. The office of administrative hearings shall docket the request for
						hearing, assign a docket number to the request for hearing, and schedule the
						matter for hearing.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-43 - Legal counsel

Current through June, 2024
(a) A protestor or
					 respondent may, at the protestor's or respondent's own expense, be represented
					 by legal counsel at any stage of the proceeding before the hearings
					 officer.
(b) Substitution of legal
					 counsel shall be effective upon filing of a notice of the substitution by the
					 party represented.
(c) Withdrawal
					 of legal counsel in the absence of a concurrent substitution shall be effective
					 only upon the approval of the hearings officer and shall be subject to the
					 guidelines of DR 2-110 of the Code of Professional Responsibility and other
					 applicable law.
(d) No party shall
					 substitute or withdraw legal counsel for the purpose of delaying a proceeding.
					 Substitution or withdrawal of counsel less than thirty calendar days before the
					 hearing shall not be considered sufficient reason to continue the hearing,
					 unless good cause is shown.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-44 - Individual representing party

Current through June, 2024
When an individual, acting in a representative capacity
						on behalf of a party, appears at a proceeding or signs a document submitted to
						the panel or hearings officer, that personal appearance or signature shall
						constitute a representation that the individual is lawfully authorized and
						qualified to so act. The individual at any time, however, may be required by
						the hearings officer to furnish proof of authorization and qualification to act
						in that capacity.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-45 - Consolidation

Current through June, 2024
The hearings officer may
sua
sponte
, or upon any party's motion timely made and for
						good cause shown, consolidate two or more proceedings which involve
						substantially the same issues, arise out of the same general transaction, or
						involve the same person or persons, provided the consolidation shall be
						conducive to effectuating the ends of justice and shall not unduly delay the
						proceedings or hinder, harass, or prejudice any party.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-46 - Format and certification of pleadings

Current through June, 2024
(a) Requests for
					 hearings, motions, and other pleadings shall be typed or printed in ten or
					 twelve point pica or equivalent type size upon good quality paper, eight and
					 one-half by eleven inches in size and of at least sixteen pounds weight, except
					 that documentary exhibits may be larger, if folded to the size of the pleadings
					 to which they are attached.
(b) All
					 copies shall be legible on paper eight and one-half by eleven inches in size
					 and of at least sixteen pounds weight.
(c) The first page of every pleading shall
					 set forth the name, address, and phone number of the party, the party's
					 attorney, if any, the title of the particular pleading, the docket number, and
					 the name of the proceeding.
(d) All
					 pleadings shall be signed in black or other photo-reproducible ink by the party
					 filing the pleadings or by the party's authorized agent. The signature shall
					 constitute certification that the person so signing has read the pleading and
					 that to the best of the person's knowledge, information, and belief, the
					 pleading is true or has good grounds to support it and is not submitted for the
					 purpose of hindering, harassing, or delaying any party or proceeding.
(e) Unless otherwise provided, all pleadings,
					 motions, memoranda, and other documents shall be filed with the office of
					 administrative hearings.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-47 - Service, generally

Current through June, 2024
(a) Unless
					 otherwise provided by this chapter or by other applicable law, whenever service
					 is required to be made on any party to a proceeding before the office of
					 administrative hearings, the service shall be made personally or by first class
					 mail, the document to be served at the party's last known address or to the
					 party's attorney of record or to any other individual representing the party in
					 the proceeding.
(b) If personal
					 service or service by mail is unsuccessful, the hearings officer may authorize
					 service by publication if permitted by statute. The hearings officer may
					 require that personal service be attempted prior to permitting service by
					 publication. After service by publication has been authorized, whenever service
					 is required to be made on that party thereafter, service by first class mail to
					 the party's last known address shall be sufficient.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-48 - Service by whom

Current through June, 2024
(a) Unless otherwise provided by this
					 chapter, a party filing a pleading, motion, memorandum, document, or other
					 paper shall cause a copy of the pleading, motion, memorandum, document, or
					 other paper to be served upon each of the other parties to the proceeding, or
					 upon any agent or attorney representing the other party. The party shall file a
					 certificate of service.
(b) The
					 hearings officer may cause each party to be served with a copy of the request
					 for hearing, or the hearings officer may require the party requesting the
					 hearing to serve each other party with a copy of the request for hearing and to
					 file a certificate of service.
(c)
					 The panel or hearings officer shall cause the notice of hearing to be served
					 upon the parties.
(d) Unless
					 otherwise provided by this chapter, the hearings officer shall cause to be
					 served all notices, documents, orders, and other papers issued by the hearings
					 officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-49 - Time

Current through June, 2024
(a) Unless otherwise provided by statute or
					 rule, in computing any period of time prescribed or allowed by this chapter,
					 the day of the act, event, or default after which the designated period of time
					 is to run shall not be included. The last day of the period so computed shall
					 be included unless it is a Saturday, Sunday, or legal State holiday, in which
					 event the period runs until the next day which is neither a Saturday, Sunday,
					 nor a holiday. Intermediate Saturdays, Sundays, and holidays shall not be
					 included in a computation when the period of time prescribed or allowed is
					 seven days or less.
(b) The hours
					 of a day during which documents will be accepted for filing by the panel or
					 hearings officer shall be those specified in section 80-1, HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-50 - Extensions of time

Current through June, 2024
Unless otherwise provided, the hearings officer may
						extend the time within which any procedural action shall be taken, at the
						request of any party. The hearings officer, in the sole discretion of the
						hearings officer, may require that the extension be stipulated to by all
						parties to the proceeding or that the request be by motion for good cause shown
						as to why the extension should be granted.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-51 - Motions

Current through June, 2024
(a) An application for any relief or order
					 shall be by motion which, unless made during a hearing, shall be made in
					 writing, shall state with particularity the grounds therefor, and shall set
					 forth the relief or order sought.
(b) Motions referring to facts not of record
					 shall be supported by affidavits, and if involving a question of law shall be
					 accompanied by a memorandum in support.
(c) If a hearing is held on the motion, the
					 party filing the motion shall serve a copy of the motion and notice of hearing
					 on the motion upon all parties not later than seventy-two hours before the
					 hearing and the opposing party shall file and serve any counter affidavits and
					 memorandum in opposition not less than twenty-four hours before the
					 hearing.
(d) Motions shall be filed
					 with the hearings officer, and all motions shall be decided by the hearings
					 officer.
(e) Failure to comply with
					 the requirements of this section may be the basis for denial of any
					 motion.
(f) The decision on the
					 motion may be made orally at the time of the hearing on the motion, or in
					 writing, or as part of the hearings officer's written decision.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-52 - Powers of the panel or hearings officer in conducting hearing

Current through June, 2024
Unless otherwise provided by law, the panel or hearings
						officer shall have the power, in conducting a hearing, without
						limitation:
(1) To hold hearings and
					 issue notices;
(2) To administer
					 oaths and affirmations;
(3) To
					 consolidate hearings or sever proceedings, provided that those actions shall be
					 conducive to effectuating the ends of justice and shall not unduly delay the
					 proceedings or hinder, harass, or prejudice any party;
(4) To subpoena and examine
					 witnesses;
(5) To issue
					 subpoenas;
(6) To rule upon offers
					 of proof, to receive relevant evidence, and to exclude evidence which is
					 admissible under the rules of evidence, and accordingly may restrict lines of
					 questioning or testimony;
(7) To
					 regulate the course and conduct of the hearing;
(8) To regulate the manner of any examination
					 so as to prevent the needless and unreasonable harassment, intimidation, or
					 embarrassment of any witness or party at the hearing;
(9) To remove disruptive individuals,
					 including any party, legal counsel, witness, or observer;
(10) To hold conferences, including
					 prehearing conferences, before or during the hearing, for the settlement or
					 simplification of issues;
(11) To
					 rule on motions and to dispose of procedural matters;
(12) To submit a written decision, including
					 findings of fact and conclusions of law, to the parties;
(14) To dispose of any other matter that
					 normally and properly arises in the course of the proceedings and to take any
					 action authorized by this chapter, chapter
					 91, HRS, or any other related laws;
					 and
(15) To examine, after notice
					 to all parties, any site or tangible evidence relevant to the case.