reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-139 - Performance incentive contract

Current through June, 2024
In a performance incentive contract, the parties
						establish at the outset a pricing basis for the contract, performance goals,
						and a formula which varies the profit or the fee if the specified performance
						goals are exceeded or not met. For example, early completion may entitle the
						contractor to a bonus while later completion may entitle the State to a price
						decrease.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-140 - Time and materials contract

Current through June, 2024
(a) A time and
					 materials contract provides an agreed basis for payment for materials supplied
					 and labor performed.
(b) A time and
					 materials contract shall, to the extent possible, contain a stated ceiling or
					 an estimate that shall not be exceeded without prior agency approval.
(c) A time and materials contract shall be
					 entered into only after the procurement officer determines in writing that:
(1) Agency personnel have been assigned to
					 closely monitor the performance of the work; and
(2) In the circumstances, it would not be
					 practicable to use any other type of contract to obtain needed goods, services,
					 or construction, in the time required, and at the lowest cost or price to the
					 purchasing agency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-141 - Labor hour contract

Current through June, 2024
(a) A labor hour
					 contract provides only for the payment of labor performed.
(b) A labor hour contract shall contain the
					 same ceiling as provided in section 3-122-140(b).
(c) Prior to the award of the contract, the
					 procurement officer shall make the determination as required in section
					 3-122-140(c).
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-142 - Definite quantity contract

Current through June, 2024
A definite quantity contract is a type of fixed-price
						contract that provides for delivery of a specified quantity of goods or
						services either at specified times or when ordered.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-143 - Indefinite quantity contract

Current through June, 2024
(a) An indefinite
					 quantity contract is a type of fixed-price contract for an indefinite amount of
					 goods or services to be furnished at specified times, or as ordered.
(b) The solicitation for an indefinite
					 quantity contract:
(1) Shall include an
					 approximate quantity or the best information available as to
					 quantity;
(2) May provide a minimum
					 quantity the purchasing agency is obligated to order and may also provide for a
					 maximum quantity provision that limits the purchasing agency's obligation to
					 order.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-144 - Incremental award contract

Current through June, 2024
(a) An incremental
					 award contract is a type of a definite quantity contract resulting from
					 conditions under which it was either necessary or advantageous to award a
					 contract to more than one supplier for the same item on a solicitation, or for
					 similar items.
(b) An incremental
					 award contract is a contract based on an award of portions of a definite
					 quantity requirement to more than one contractor, and each portion is for a
					 definite quantity and the sum of the portions is the total definite quantity
					 required.
(c) This type of contract
					 may be used only when awards to more than one bidder or offeror for different
					 amounts of the same item are necessary to obtain the total quantity or the
					 required delivery dates.
(d) If
					 this type of contract is anticipated prior to issuing a bid or proposal, the
					 State shall reserve the right to make an incremental award and the criteria for
					 award shall be stated in the bid or proposal and the bid or proposal shall
					 provide for separate-item bids on less than the full quantity or the total
					 delivery,
(e) Evaluation and award
					 shall be made by accepting prices and deliveries beginning with the most
					 economical and progressing to higher offers until the full requirements are
					 committed at the lowest overall cost available.
(f) Competitive sealed bidding, subchapter
					 5, is the conventional procurement
					 method for establishing this type of contract, although competitive sealed
					 proposals, small purchase procedures, and emergency procurements may be used if
					 appropriate as determined in accordance with subchapters
					 6, 8, and
					 10.
(g) The procurement officer shall make a
					 written determination setting forth the reasons for the incremental award,
					 which shall be made a part of the procurement file.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-145 - Multiple award contract

Current through June, 2024
(a) A multiple
					 award contract is a contract resulting from an award of an indefinite quantity
					 requirement for one or more similar goods or services to more than one bidder
					 or offeror. The relative importance of price may vary based on the requirement
					 and method of source selection. In making a best value determination under a
					 competitive sealed proposals process, the purchasing agency may consider among
					 other factors: special features, trade-in, life cycle, warranties, service
					 availability, past performance, environmental or energy efficiency
					 considerations or both, and competition in the marketplace.
(b) The chief procurement officer shall
					 determine, and the solicitation shall so state, if use of multiple award
					 contracts is voluntary or mandatory for purchasing agencies.
(c) Multiple awards may be limited to a
					 number of suppliers necessary to meet the valid requirements of using agencies
					 and to provide for best value and competitive pricing.
(d) All eligible users of the contract shall
					 be named in the solicitation or be allowed to participate at a later
					 date.
(e) The State shall reserve
					 the right to take offers separately if:
(1) A
					 particular quantity requirement arises which exceeds its normal requirement or
					 an amount specified in the contract; or
(2) The head of a purchasing agency approves
					 a finding that the goods or services available under the contract will not meet
					 a nonrecurring special need of the State.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-146 - Geographic or regional award contract

Current through June, 2024
(a) Geographic or
					 regional award contract is a type of multiple-award contract made when goods or
					 services are required to widely scattered locations or a particular requirement
					 is of a local nature.
(b)
					 Geographic regions may include:
(1) Oahu as
					 region 1, and further subdivided into leeward 1A, central Oahu-lower IB,
					 central Oahu-upper 1C, and windward ID;
(2) Maui as region 2, Hawaii as region 3,
					 Kauai as region 4;
(3) Those
					 vendors that can provide goods, services, or construction anywhere in the State
					 would be identified as region 5, or they may select one or more of the regions
					 in paragraphs (1) and (2) depending on their capabilities.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-147 - Lease contract

Current through June, 2024
(a) A lease is a
					 contract for the use of goods under which title does not pass to the
					 agency.
(b) A lease may be entered
					 into provided:
(1) It is in the best interest
					 of the purchasing agency;
(2) All
					 conditions for renewal and costs of termination are set forth in the lease;
					 and
(3) The lease is not used to
					 circumvent normal procurement procedures.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-148 - Installment purchase payment contract

Current through June, 2024
(a) Goods contracts
					 may provide for purchase payments, including interest charges, over a period of
					 time.
(b) Installment payments
					 should be used judiciously in order to achieve economy and not to avoid
					 budgetary restraints and shall be justified in writing by the head of the
					 purchasing agency.
(c) Heads of
					 purchasing agencies shall be responsible for ensuring that statutory or other
					 prohibitions are not violated by use of installment provisions and that all
					 budgetary, funding, or other required prior approvals are obtained.
(d) When used, a provision for installment
					 payments shall be included in the solicitation document.
(e) An installment purchase payment contract
					 shall comply with the certification of funds requirement pursuant to section
					 3-122-102(b).
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 16 - TYPES OF CONTRACTS › Section 3-122-149 - Multi-term contract

Current through June, 2024
(a) The objective
					 of the multi-term contract is to encourage effective competition or otherwise
					 promote economies in the procurement of goods and services.
(b) A multi-term contract extends over more
					 than one fiscal period but funds are available for only the initial fiscal
					 period, and the contractual obligation of both parties in each fiscal period
					 succeeding the first is subject to the appropriation and availability of
					 funds.
(c) When funds are not
					 appropriated or otherwise made available to support continuation of performance
					 in a subsequent fiscal period, the contract shall be canceled and the
					 contractor shall be reimbursed for the reasonable value of any non-recurring
					 costs incurred but not amortized in the price of the good or service delivered
					 under the contract.
(d) A
					 multi-term contract may be considered:
(1)
					 When it is in the best interest of the State to provide uninterrupted service
					 over more than one fiscal period and where the contract will result in
					 significantly more favorable contract terms and prices compared to a series of
					 shorter term contracts for the same good or service due to:
(A) High start-up costs; for example, a
					 student bus transportation contractor would incur high start-up costs for buses
					 and other equipment solely to meet the State's requirements but the equipment
					 would have useful life in excess of one year; or
(B) A changeover of service contractors with
					 both high phase-in and high phase-out costs during a transition
					 period;
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 17 - REPEALED › Section 3-122-155.01

Current through June, 2024
The amended version of this section by
						Hawaii
						Administrative Rules Listing of Filings, 2024-01, January, eff.
						1/5/2024 is not yet
						available.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 18 - RIGHT TO INSPECT PLANT › Section 3-122-166 - Inspection of plant or site

Current through June, 2024
Circumstances under which the State may perform
						inspections include, but are not limited to, inspections of the contractor's
						plant or site in order to determine:
(1) Whether the standards set forth in
					 section 3-122-108 have been met or are capable of being met; and
(2) If the contract is being performed in
					 accordance with its terms.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 18 - RIGHT TO INSPECT PLANT › Section 3-122-167 - Access to plant or place of business

Current through June, 2024
The State may enter the plant or place of business of a
						contractor, subcontractor, vendor, material supplier, or a professional
						services provider to:
(1) Inspect
					 goods or services for acceptance by the State pursuant to the terms of a
					 contract;
(2) Audit cost or pricing
					 data or audit the books and records pursuant to section 3-122-175;
					 and
(3) Investigate in connection
					 with an action to debar or suspend a person from consideration for award of
					 contracts pursuant to sections 3-126-11 through 3-126-18.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 18 - RIGHT TO INSPECT PLANT › Section 3-122-168 - Inspection and testing of goods and services

Current through June, 2024
(a) State
					 contracts may provide that the State may inspect supplies and services as
					 required at any site or facility and perform tests to determine whether they
					 conform to solicitation requirements, or after award, to contract requirements,
					 and are therefore acceptable. The inspections and tests shall be conducted in
					 accordance with the terms of the solicitation and contract.
(b) The chief procurement officer may
					 establish operational procedures governing the testing and trial use of
					 equipment, materials, and other supplies by any state agency, and the
					 application of resulting information and data to specifications or
					 procurements.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 18 - RIGHT TO INSPECT PLANT › Section 3-122-169 - Conduct of inspections

Current through June, 2024
(a) Inspections or
					 tests shall be performed so as not to unduly delay the work. The presence or
					 absence of an inspector shall not result in the waiver of any requirements of
					 the contract, nor shall any act, statement or omission by an inspector
					 constitute or be deemed a change unless the procedure for changes is
					 followed.
(b) When an inspection is
					 made in a plant or place of business, the contractor or subcontractor shall
					 provide without charge, all reasonable facilities and assistance for the safety
					 and convenience of the person performing the inspection or testing.
(c) Inspection or testing of supplies and
					 services performed at a plant or place of business shall be performed at
					 reasonable times.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 18 - RIGHT TO INSPECT PLANT › Section 3-122-170 - Inspection of construction projects

Current through June, 2024
On-site inspection of construction shall be performed in
						accordance with the terms of the contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 19 - RIGHT TO AUDIT RECORDS › Section 3-122-175 - Statutory authority to audit

Current through June, 2024
Pursuant to section
						103D-317,
						HRS, the State may, at reasonable times and places, audit the books and records
						of a contractor, prospective contractor, subcontractor, or prospective
						subcontractor which are related to:
(1) The cost or pricing data submitted under
					 sections 3-122-122 through 3-122-130;
(2) A state contract, including subcontracts,
					 other than a firm fixed-price contract, awarded pursuant to subchapters
					 5 through
					 10; and
(3) Any claim for additional compensation or
					 for changes.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 19 - RIGHT TO AUDIT RECORDS › Section 3-122-176 - Auditors' audit reports

Current through June, 2024
Audits requested under this subchapter shall be
						performed by the office of the chief procurement officer, the head of a
						purchasing agency, the attorney general or corporation counsel with legal
						authority over the procuring agency, or an independent auditor. An audit report
						shall be prepared in accordance with section
						3-122-178 or section
						3-122-180. Except when the audit is
						done in response to a claim for additional compensation or In connection with
						an investigation for criminal conduct or fraud relating to the procurement, the
						report shall be made available to the party audited upon
						request.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 19 - RIGHT TO AUDIT RECORDS › Section 3-122-177 - Cost or pricing data audit

Current through June, 2024
(a) The chief
					 procurement officer, head of a purchasing agency, the attorney general or
					 corporation counsel with legal authority over the purchasing agency, or a
					 designee of either officer may require an audit of cost or pricing data
					 submitted under section 3-122-125.
(b) An audit should be required when in
					 respect to the contractor, prospective contractor, subcontractor, or
					 prospective subcontractor, there is:
(1) A
					 question as to the adequacy of accounting policies or cost systems;
(2) A substantial change in the methods or
					 levels of operation;
(3) Previous
					 unfavorable experience indicating doubtful reliability of estimating,
					 accounting, or purchasing methods;
(4) A lack of cost experience due to the
					 procurement of a new supply or service; or
(5) Other evidence that an audit is in the
					 State's best interests as determined by the chief procurement officer, head of
					 the purchasing agency, the attorney general or corporation counsel with legal
					 authority over the purchasing agency, or a designee of either
					 officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 19 - RIGHT TO AUDIT RECORDS › Section 3-122-178 - Cost or pricing data audit report

Current through June, 2024
(a) When the chief
					 procurement officer, the head of a purchasing agency, the attorney general or
					 corporation counsel with legal authority over the purchasing agency, or a
					 designee of either officer requires an audit under section 3-122-177, the
					 auditor shall submit a written report to the officer by an agreed upon
					 date.
(b) Subject to final
					 determination by the auditor, the report should contain the following In
					 respect to the contractor, prospective contractor, subcontractor, or
					 prospective subcontractor:
(1) A description
					 of the original proposal and all submissions of cost or pricing data;
(2) An explanation of the basis and the
					 method used in preparing the proposal;
(3) A statement identifying any cost or
					 pricing data not submitted but examined by the auditor which has a significant
					 effect on the proposed cost or price;
(4) A description of any deficiency in the
					 cost or pricing data not submitted and an explanation of its effect on the
					 proposal;
(5) A statement
					 summarizing those major points where there is a disagreement as to the cost or
					 pricing data submitted; and
(6) A
					 statement identifying any information obtained from other sources.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 19 - RIGHT TO AUDIT RECORDS › Section 3-122-179 - Contract audit

Current through June, 2024
(a) Under the authority of section 3-122-175,
					 the type of contract under which books and records should be audited is that in
					 which price is based on costs or is subject to adjustment based on costs, or
					 that in which auditing would be appropriate to assure satisfactory performance,
					 as a time and materials contract.
(b) The requirement of a contract audit may
					 be warranted when a question arises in connection with:
(1) The financial condition, integrity, and
					 reliability of the contractor or subcontractor;
(2) Any prior audit experience;
(3) The adequacy of the contractor's or
					 subcontractor's accounting system;
(4) The number or nature of invoices or
					 reimbursement vouchers submitted by the contractor or subcontractor for
					 payment;
(5) The use of federal
					 assistance funds;
(6) The
					 fluctuation of market prices affecting the contract; or
(7) Any other situation when the procurement
					 officer finds that an audit is necessary for the protection of the State's
					 interest.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 19 - RIGHT TO AUDIT RECORDS › Section 3-122-180 - Contract audit report

Current through June, 2024
Where the chief procurement officer, head of a
						purchasing agency, or a designee of either officer requires a contract audit
						under section
						3-122-179, the auditor shall submit
						a written report to the officer by an agreed upon date. The scope of the report
						will depend on the scope of the audit ordered. However, the report should
						contain specific reference to the terms of the contract to which the audited
						data relate and a statement of the degree to which the auditor believes the
						audited data evidence compliance with those terms.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 19 - RIGHT TO AUDIT RECORDS › Section 3-122-181 - Retention of books and records

Current through June, 2024
(a) Any contractor
					 who receives a contract, change order, or contract modification for which cost
					 or pricing data are required shall maintain the books and records that relate
					 to the cost or pricing data for three years from the date of final payment
					 under the contract.
(b) Books and
					 records that relate to a state contract, including subcontracts, other than a
					 firm fixed-price contract, awarded under any method set forth in section
					 3-122-175 shall be maintained:
(1) By a
					 contractor, for three years from the date of final payment under the price
					 contract; and
(2) By a
					 subcontractor, for three years from the date of final payment under the
					 subcontract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 19 - RIGHT TO AUDIT RECORDS › Section 3-122-182 - Sanctions for lack of cooperation

Current through June, 2024
A party or entity that fails to comply or fully
						cooperate with an authorized audit shall be subject to any and all of the
						following sanctions:
(1) Rejection of
					 the claim related to the audit; or
(2) Declaration of contractor default or
					 breach of contract; or
(3)
					 Debarment from future contracts pursuant to section
					 103D-702,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 21 - REPORTING OF ANTICOMPETITIVE PRACTICES › Section 3-122-191 - Anticompetitive practices

Current through June, 2024
For the purposes of these rules, an anticompetitive
						practice is a practice among bidders or offerors which reduces or eliminates
						competition or restrains trade. An anticompetitive practice can result from an
						agreement or understanding among competitors to restrain trade as submitting
						collusive offers, or result from illicit business actions which have the effect
						of restraining trade, as controlling the resale price of products or an
						improper collective refusal to submit an offer. Indications of suspected
						anticompetitive practices include, but are not limited to, identical offers,
						rotated low offers, sharing of the business, "tie-in" sales, resale price
						maintenance, and group boycotts.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 21 - REPORTING OF ANTICOMPETITIVE PRACTICES › Section 3-122-192 - Independent price determination

Current through June, 2024
Every solicitation shall provide that by submitting an
						offer, the offeror certifies that the price submitted was independently arrived
						at without collusion.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 21 - REPORTING OF ANTICOMPETITIVE PRACTICES › Section 3-122-193 - Detection of anticompetitive practices

Current through June, 2024
In order to assist in ascertaining whether or not an
						anticompetitive practice may have occurred or may be occurring, the procurement
						officer should be alert and sensitive to conditions of the market place and
						will often find it necessary to perform the following, as appropriate:
(1) Study the pricing history of a good,
					 service, or construction item over a period of time sufficient to determine any
					 significant pricing patterns or changes;
(2) Review similar state contract awards over
					 a period of time; or
(3) Consult
					 with outside sources of information, as offerors who have competed for similar
					 state business in the past but who are no longer competing for the
					 business.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 21 - REPORTING OF ANTICOMPETITIVE PRACTICES › Section 3-122-194 - Identical bidding and price fixing

Current through June, 2024
(a) The term
					 "identical bidding" means the submission by offerors of the same total price or
					 the same price on a particular line item. The submission of identical offers
					 may or may not signify the existence of collusion. In some instances, price
					 controls imposed by state or federal governments result in the submission of
					 identical offers. Identical offers for supplies are more likely to occur in the
					 absence of collusion if:
(1) The supply is a
					 commodity with a well-established market price or a brand name with a
					 "suggested retail price;"
(2) The
					 quantity being purchased is small in relation to the supplier's total
					 sales;
(3) Early delivery is
					 required; or
(4) Transportation
					 expenses are low relative to total costs.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 21 - REPORTING OF ANTICOMPETITIVE PRACTICES › Section 3-122-195 - Other anticompetitive practises

Current through June, 2024
(a) The practices
					 which are described in this section and which the procurement officer suspects
					 might be anticompetitive shall be reported in accordance with section
					 3-122-196.
(b) Rotated low offers
					 result where all offerors participating in the collusive scheme submit offers
					 and by agreement, alternate being the lowest offeror. To aid in determining
					 whether rotation may be occurring, the procurement officer should review past
					 similar procurements in which the same offerors have participated.
(c) The practice of resale price maintenance
					 consists of an agreement between a manufacturer and a distributor or a dealer
					 to fix the resale price of a good. A procurement officer should consider the
					 possibility that an agreement exists where prices offered adhere to an
					 established pattern, as a published price schedule, and when identical bidding
					 occurs.
(d) Sharing of the business
					 occurs where potential offerors allocate business among themselves based on the
					 customers or the territory involved. Thus, a procurement officer might discover
					 that a potential offeror is not participating in a state procurement because a
					 particular state agency, or a particular territory, has not been allocated to
					 the offeror by the producer or manufacturer.
(e) "Tie-in" sales are those in which an
					 offeror attempts to sell one good or service only upon the condition that the
					 procurement officer purchase another particular good or service.
(f) A group boycott results from an agreement
					 between competitors not to deal with another competitor or not to participate
					 in, for instance, a state procurement until the boycotting competitors'
					 conditions are met by the boycotted competitor or the State. The boycott of a
					 competitor by other competitors may have an effect on the market structure or
					 price of a good, service, or construction item needed by the State.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 21 - REPORTING OF ANTICOMPETITIVE PRACTICES › Section 3-122-196 - Reporting suspected anticompetitive practices

Current through June, 2024
The chief procurement officer, in consultation with the
						respective attorney general or corporation counsel, may develop procedures,
						including forms, for reporting suspected anticompetitive practices. A
						procurement officer who suspects that anticompetitive practice has occurred or
						may be occurring shall follow these procedures.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 22 - RETENTION OF PROCUREMENT RECORDS › Section 3-122-201 - Retention of procurement

Current through June, 2024
All procurement records shall be retained and disposed
						of in accordance with chapter 94, HRS, and records retention guidelines and
						schedules approved by the governmental body.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 24 - BID SECURITY, CONTRACT PERFORMANCE, AND PAYMENT BONDS › Section 3-122-221 - General

Current through June, 2024
(a) The term "bid security", as used in this
					 subchapter means security provided at the time an offer is submitted.
(b) Bid security protects the State against
					 the failure or refusal of an offeror to execute the contract for the work bid
					 or to supply the necessary performance and payment bonds, as
					 required.
(c) A contract
					 performance bond indemnifies the State against loss resulting from the failure
					 of the contractor to perform a contract, in particular a construction contract,
					 in accordance with the plans and specifications.
(d) A contract payment bond guarantees
					 payment and protection for those furnishing labor and materials to the
					 contractor or its subcontractors for the work bonded
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 24 - BID SECURITY, CONTRACT PERFORMANCE, AND PAYMENT BONDS › Section 3-122-222 - Acceptable bid security, contract performance and payment bonds

Current through June, 2024
(a) Acceptable bid security and contract
					 performance and payment bonds, pursuant to sections
					 103D-323 and
					 103D-324,
					 HRS, shall be limited to:
(1) Surety bone
					 underwritten by a company licensed to issue bonds in this State;
(2) Legal tender; or
(3) A certificate of deposit; credit union
					 share certificate; or cashier's, treasurer's, teller's, or official check drawn
					 by, or a certified check accepted by a bank, a savings institution, or credit
					 union insured by the Federal Deposit Insurance Corporation or the National
					 Credit Union Administration, and payable at sight or unconditionally assigned
					 to the procurement officer advertising for offers. These instruments may be
					 utilized only to a maximum of $100,000. If the required amount totals over
					 $100,000, more than one instrument not exceeding $100,000 each and issued by
					 different financial institutions shall be accepted.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 24 - BID SECURITY, CONTRACT PERFORMANCE, AND PAYMENT BONDS › Section 3-122-223 - Bid security

Current through June, 2024
(a) Bid security
					 shall be required for:
(1) Construction bids
					 exceeding the limits of section
					 103D-305,
					 HRS;
(2) Goods and services bids
					 exceeding the limits of section
					 103D-305,
					 HRS, when the head of a purchasing agency has secured the approval of the chief
					 procurement officer; and
(3)
					 Federally funded contracts wherein the conditions of the funding requires
					 performance or payment bonds or both.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 24 - BID SECURITY, CONTRACT PERFORMANCE, AND PAYMENT BONDS › Section 3-122-224 - Contract performance and payment bonds

Current through June, 2024
(a) Performance and
					 payment bonds shall be required for:
(1)
					 Construction contracts exceeding the limits of section
					 103D-305,
					 HRS;
(2) Goods and services
					 contracts exceeding the limits of section
					 103D-305,
					 HRS, when the head of the purchasing agency has secured the approval of the
					 chief procurement officer; and
(3)
					 Federally funded contracts wherein the conditions of the funding requires a
					 performance or payment bond or both.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 24 - BID SECURITY, CONTRACT PERFORMANCE, AND PAYMENT BONDS › Section 3-122-225 - Reduction of contract performance and payment bond amounts

Current through June, 2024
(a)
					 Prior to the deadline for receipt of offers and during performance of the
					 contract, the amounts of a performance bond and a payment bond may be reduced
					 upon written determination by the chief procurement officer or head of a
					 purchasing agency that it is in the best interest of the State to do so.
(1) For construction contracts only, and
					 prior to the deadline for receipt of offers, reduction of performance and
					 payment bond amounts shall be limited to not less than fifty per cent of the
					 contract price;
(2) During
					 performance of the contract, the amount of the performance bond may be reduced
					 as work is completed and the amount of the payment bond may be reduced as
					 payments are made by the contractor.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 24 - BID SECURITY, CONTRACT PERFORMANCE, AND PAYMENT BONDS › Section 3-122-227 - Payment claims against the bond

Current through June, 2024
(a) Any person or
					 entity who has furnished labor or material to the contractor for the work
					 provided in the contract, for which a payment bond or a performance and payment
					 bond is furnished under this section, and who has not been paid amounts due
					 before the expiration of a period of ninety days after the day on which the
					 last of the labor was done or performed or material was furnished or supplied,
					 for which such a claim is made, may institute an action for the amount, or
					 balance thereof, unpaid at the time of the institution of the action against
					 the contractor or the contractor and its sureties, on the payment bond and have
					 their rights and claims adjudicated in the action, and judgment rendered
					 thereon; subject to the State's priority on the bond.
(b) If the full amount of the liability of
					 the contractor or the contractor and its sureties on the security is
					 insufficient to pay the full amount of the claims, then, after paying the full
					 amount due the State, the remainder shall be distributed prorata among the
					 claimants.
(c) As a condition
					 precedent to any such suit, written notice shall be given to contractor and
					 surety, within ninety days from the date on which the person did or performed
					 the last labor or furnished or supplied the last of the material for which
					 claim is made, stating with substantial accuracy the amount claimed and the
					 name of the party to whom the material was furnished or supplied for whom the
					 labor was done or performed.
(d)
					 The written notice shall be served by registered or certified mailing of the
					 notice, to the contractor and surety, at any place they maintain an office or
					 conduct their business, or in any manner authorized by law to serve
					 summons.
(e) Every suit instituted
					 under subsection (a) shall be brought in the circuit court of the circuit in
					 which the project is located, but no suit shall be commenced after the
					 expiration of one year after the day on which the last of the labor was
					 performed or material was supplied for the work provided in the contract. The
					 obligee named in the bond need not be joined as a party in any suit.
(f) The terms "labor" and "material" have the
					 same meanings in this section as the terms are used in section
					 507-41,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 24 - BID SECURITY, CONTRACT PERFORMANCE, AND PAYMENT BONDS › Section 3-122-228 - Bond forms

Current through June, 2024
(a) The required bond forms for bid security,
					 performance, payment, and combination performance and payment bonds shall be in
					 conformance with sections 3-122-221, 3-122-222, and 3-122-227 and shall be as
					 specified by the procurement policy board and issued by procurement
					 directive.
(b) Certified copies of
					 bonds may be requested and obtained by any person from the State upon payment
					 of the cost of reproduction of the bond and postage, if any. A certified copy
					 of a bond shall be prima facie evidence of the contents, execution, and
					 delivery of the original.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 13.5

Current through June, 2024
The adopted version of this subchapter by
					 Hawaii
					 Administrative Rules Listing of Filings, 2024-01, January, eff.
					 1/5/2024 is not yet
					 available.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 25 - FISCAL RESPONSIBILITY › Section 3-122-241 - Fiscal responsibility

Current through June, 2024
Every contract modification, change order, or contract
						price adjustment under a contract shall be subject to prior written
						certification by the appropriate fiscal officer for funding the project or the
						contract, as to the effect of the contract modification, change order, or
						adjustment in contract price on the total project budget or the total contract
						budget. In the event that the certification of the fiscal officer discloses a
						resulting increase in the total project budget or the total contract budget,
						the procurement officer shall not execute or make contract modification, change
						order, or adjustment in contract price unless sufficient funds are available
						therefor, or the scope of the project or contract is adjusted so as to permit
						the degree of completion that is feasible within the total project budget or
						total contract budget as it existed prior to the contract modification, change
						order, or adjustment in contract price under consideration; provided, that with
						respect to the validity, as to the contractor, of any executed contract
						modification, change order, or adjustment in contract price which the
						contractor has reasonably relied upon, it shall be presumed that there has been
						compliance with this section.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Procurements Approved for Competitive Sealed Proposals (07/13/06)

Current through June, 2024
The following goods, services, or constructions may be
					 procured by Competitive Sealed Proposals, pursuant to HAR §
										3-122-45, and has been approved by
					 the procurement policy board
No.
Competitive Sealed Proposal
1
Consulting services in the areas of software and
								telecommunications.
2
Travel agency services to include air and ground
								transportation, and lodging services.
3
Computer software and hardware systems.
4
Design and build construction projects.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Procurements Approved for Sole Source (01/18/07)

Current through June, 2024
The following list of Sole Source procurements, pursuant
					 to HAR §
										3-122-81, has been approved by the
					 procurement policy board:
Sole
Source
No.
Sole Source
1
Rental of booth space for exhibits at conventions
								and trade shows when organized by a single sponsor.
Criteria:
When rental is available only through a
								single organizer or sponsor of the convention or trade show.
2
For the repair, replacement, installation
								(connection, activation or hookup), or relocation of public utility company
								equipment or facilities.
Criteria:
When the equipment
								or facilities are owned or controlled by utility companies such as an electric,
								telephone, gas, or cable television company.
3
Annual license renewal and maintenance for computer
								software.
Criteria:
When the license renewal and
								maintenance can be obtained from only a single source, normally the developer
								of the software.
4
Procurement of computer software conversions,
								modifications, and maintenance for existing programs from the manufacturer of
								the software.
Criteria:
When the conversion,
								modification, or maintenance can only be obtained from the manufacturer of the
								software.
5
Transcripts of court proceedings.
Criteria:
When the transcripts of court proceedings
								are only available from the respective assigned court reporter provided by the
								Judiciary.
6
Repair and maintenance services and supplies from
								the original equipment manufacturer or its designated representative; when the
								manufacturer or its designated representative is required to provide the
								services and supplies to retain the manufacturer's warranty or guarantee.
Criteria:
When the services or supplies can only be
								obtained from the manufacturer or its designated representative to retain the
								manufacturer's warranty or guarantee.
7
Procurement of equipment upgrades from the original
								manufacturer to existing equipment and information technology hardware, when
								the upgrades can only be obtained from the manufacturer.
Criteria:
When the upgrades are available only from
								the manufacturer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-1 - Applicability of cost principles

Current through June, 2024
(a) The cost
				  principles and procedures in this chapter may be used as guidance in:
(1) The establishment of cost estimates under
				  contracts where the award may not be based on adequate competition, as in
				  subchapters
				  6, 7, and
				  9, chapter 3-122;
(2) The establishment of cost adjustments for
				  contract changes including contracts that have been let on the basis of
				  competitive sealed bidding or otherwise based on adequate
				  competition;
(3) The cost of
				  termination for convenience settlements; and
(4) Any other situation in which cost
				  analysis is used.