reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-2 - Allowable costs

Current through June, 2024
(a) Any contract cost proposed for estimating
				  purposes or invoiced for cost-reimbursement purposes shall be allowable to the
				  extent provided in the contract and, if inconsistent with these cost
				  principles, approved as a deviation under section 3-123-24. The total allowable
				  cost of a contract is the sum of the allowable direct costs actually incurred
				  in the performance of the contract in accordance with its terms, plus the
				  properly allowable portion of the allowable indirect costs, less any applicable
				  credits such as discounts, rebates, and property disposal income.
(b) All costs shall be accounted for in
				  accordance with generally accepted accounting principles and in a manner that
				  is consistent with the contractor's usual accounting practices in charging
				  costs to its other activities. In pricing a proposal, a contractor shall
				  estimate costs in a manner consistent with its cost accounting practices used
				  in accumulating and reporting costs.
(c) Costs may be allowed only to the extent
				  they are:
(1) Appropriate, as defined in
				  section 3-123-3;
(2) Allowable, as
				  defined in section 3-123-4;
(3)
				  Lawful under any applicable law;
(4) Not unallowable under sections 3-123-5
				  through 3-123-15 and 3-123-17 through 3-123-20; and
(5) In the case of costs invoiced for
				  reimbursement, actually incurred or accrued and accounted for in accordance
				  with generally accepted accounting principles.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-3 - Appropriate costs

Current through June, 2024
A cost is appropriate if, in its nature or amount, it does
					 not exceed that which would be incurred by an ordinarily prudent person in the
					 conduct of a competitively similar business. In determining the appropriateness
					 of a given cost, consideration shall be given to:
(1) Requirements imposed by the contract
				  terms and conditions;
(2) Whether
				  the cost is of a type generally recognized as ordinary and necessary for the
				  conduct of the contractor's business or the performance of the
				  contract;
(3) The restraints
				  inherent in, and the requirements imposed by factors as generally accepted
				  sound business practices, arms' length bargaining, and federal and state laws
				  and regulations;
(4) The action
				  that a prudent business manager would take under the circumstances, including
				  general public policy and considering responsibilities to the owners of the
				  business, employees, customers, and the State;
(5) Significant deviations from the
				  contractor's established practices which may unjustifiably increase the
				  contract costs;
(6) The guidelines,
				  policies, and limitations the State establishes for travel related expenses for
				  its employees; and
(7) Any other
				  relevant circumstances.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-4 - Allocable costs

Current through June, 2024
(a) A cost is allocable if it is assignable
				  or chargeable to one or more cost objectives in accordance with relative
				  benefits received and if it:
(1) Is incurred
				  specifically for the contract;
(2)
				  Benefits both the contract and other work, and can be distributed to both in
				  reasonable proportion to the benefits received; or
(3) Is necessary to the overall operation of
				  the business, although a direct relationship to any particular cost objective
				  may not be evident.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-5 - Advertising

Current through June, 2024
The only allowable advertising costs are those for:
(1) Recruitment of personnel;
(2) Procurement of scarce items;
(3) Disposal of scrap or surplus
				  material;
(4) Listing of a
				  business's name and location in a classified directory; and
(5) Other forms of advertising as approved by
				  the head of the purchasing agency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-6 - Bad debts

Current through June, 2024
Bad debts include losses arising from uncollectable
					 accounts and other claims, such as dishonored checks, uncollected employee
					 advances, and related collection and legal costs. All bad debt costs are
					 unallowable.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-7 - Contingencies

Current through June, 2024
(a) Contingency costs are contributions to a
				  reserve account for unforeseen costs and are unallowable except as provided in
				  subsection (b).
(b) For the purpose
				  of establishing a contract cost estimate in advance of performance of the
				  contract, recognition of uncertainties within a reasonably anticipated range of
				  costs may be required and is not prohibited. However, where contract clauses
				  are present which serve to remove risks from the contractor, there shall not be
				  included in the contract a contingency factor for such risks. Further,
				  contributions to a reserve for self-insurance in lieu of, and not in excess of,
				  commercially available liability insurance premiums are allowable as an
				  indirect charge.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-8 - Depreciation and use allowances

Current through June, 2024
(a) Depreciation
				  and use allowances for fully depreciated assets, are allowable to compensate
				  contractors for the use of buildings, capital improvements, and equipment or
				  for the provision of such facilities on a standby basis for subsequent use when
				  such facilities are temporarily idle because of suspensions or delays not
				  caused by the contractor, not reasonably foreseeable, and not otherwise
				  avoidable when the contract was awarded. Depreciation is a method of allocating
				  the acquisition cost of an asset to periods of its useful life. Useful life
				  refers to the asset's period of economic usefulness in the particular
				  contractor's operation as distinguished from its physical life. Use allowances
				  provide compensation in lieu of depreciation or other equivalent costs.
				  Consequently, depreciation and use allowances may not be combined to compensate
				  contractors for the use of any one type of property.
(b) The computation of depreciation or use
				  allowances shall be based on acquisition costs. When the acquisition costs are
				  unknown, reasonable estimates may be used.
(c) Depreciation shall be computed using any
				  generally accepted method, provided that the method is consistently applied and
				  results in equitable charges considering the use of the property. The
				  straight-line method of depreciation is preferred unless the circumstances
				  warrant some other method. However, the State will accept any method which is
				  accepted by the Internal Revenue Service.
(d) In order to compensate the contractor for
				  use of depreciated, contractor-owned property which has been fully depreciated
				  on the contractor's books and records and is being used in the performance of
				  the contract, use allowances may be allowed as a cost of that contract. Use
				  allowances are allowable, provided that they are computed in accordance with an
				  established industry or government schedule or other method mutually agreed
				  upon by the parties. If a schedule is not used, factors to consider in
				  establishing the allowance are the original cost, remaining estimated useful
				  life, the reasonable fair market value, and the effect of any increased
				  maintenance or decreased efficiency. The cumulative use allowance for any item
				  of property over the course of the project shall not exceed the actual market
				  value of that item.
(e) No
				  depreciation or use allowance will be permitted for equipment, tools, or other
				  items having a purchase price for that new item or equivalent of less than one
				  thousand dollars.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-9 - Entertainment

Current through June, 2024
(a) Entertainment costs are unallowable and
				  include costs of amusements, social activities, and incidental costs as meals,
				  beverages, lodging, transportation, and gratuities.
(b) Nothing herein shall make unallowable a
				  legitimate expense for job related employee health, welfare, food service, or
				  lodging costs; except that, where a net profit is generated by such services,
				  it shall be treated as a credit as provided in section 3-123-21. Costs incurred
				  for meetings or conferences, including, but not limited to, costs of food,
				  rental facilities, and transportation are not allowable except where the
				  primary purpose is the dissemination of technical information or the
				  establishment of specific project policies, as a partnering
				  conference.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-10 - Fines and penalties

Current through June, 2024
Fines and penalties include all costs incurred as the
					 result of violations of, or failure to comply with, federal, state, and local
					 laws and regulations. Fines and penalties are unallowable costs unless incurred
					 as a direct result of compliance with specific provisions of the contract or
					 written instructions of the procurement officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-14 - Material costs

Current through June, 2024
(a) Material costs are allowable, subject to
				  subsections (b) and (c). Material costs are the costs of all supplies,
				  including raw materials, parts, and components (whether acquired by purchase
				  from an outside source or acquired by transfer from any division, subsidiary,
				  or affiliate under the common control of the contractor), which are acquired in
				  order to perform the contract. In determining material costs, consideration
				  shall be given to appropriate spoilage, appropriate inventory losses, and
				  appropriate overages.
(b) Material
				  costs shall include adjustments for all available discounts, refunds, rebates,
				  and allowances which the contractor may take under the circumstances, and for
				  credits for proceeds the contractor received or may receive from salvage and
				  material returned to suppliers.
(c)
				  Allowance for all materials transferred from any division including the
				  division performing the contract, subsidiary, or affiliate under the common
				  control of the contractor shall be made on the basis of costs incurred by the
				  transferrer, except the transfer may be made at the established price provided
				  that the price of materials is not determined to be unreasonable by the
				  procurement officer, the price is not higher than the transferrer's current
				  sales price to its most favored customer for a like quantity under similar
				  payment and delivery conditions, and the price is established either:
(1) By the established catalogue price;
				  or
(2) By the lowest price obtained
				  as a result of competitive procurements conducted with other businesses that
				  normally produce the item in similar quantities.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-15 - Taxes

Current through June, 2024
(a) Except as limited in subsection (b), all
				  allocable taxes which the contractor is required to pay and which are paid and
				  accrued in accordance with generally accepted accounting principles are
				  allowable.
(b) The following costs
				  are unallowable:
(1) Federal, state, and
				  local income taxes;
(2) All taxes
				  from which the contractor could have obtained an exemption, but failed to do
				  so, except where the administrative cost of obtaining the exemption would have
				  exceeded the tax savings realized from the exemption;
(3) Any interest, fines, or penalties paid on
				  delinquent taxes unless incurred at the written direction of the procurement
				  officer; and
(4) Income tax
				  accruals designed to account for the tax effects of differences between taxable
				  income and pretax income as reflected by the contractor's books of account and
				  financial statements.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-16 - Costs requiring prior approval to be allowable as direct costs

Current through June, 2024
The following costs shall be approved in advance in
					 writing by the procurement officer.
(1) Pre-contract. These are incurred after
				  contract award in anticipation of, and prior to, the notice to proceed, and are
				  allowable to the extent that they would have been allowable if incurred after
				  the date of the notice to proceed; provided that, in the case of a
				  cost-reimbursement type contract, a special provision must be inserted in the
				  contract setting forth the period of time and maximum amount of cost which will
				  be covered as allowable pre-contract costs.
(2) Bid and proposal. Costs incurred in
				  preparing, submitting, and supporting bids and proposals including proposals
				  for the charges for change work within the scope of the contract and are
				  specifically permitted by a provision of the contract or solicitation
				  document.
(3) Insurance. Costs of
				  obtaining insurance in connection with performance of the contract or
				  contributions to a reserve account for the purchase of self-insurance, but only
				  the cost to the contractor to obtain similar insurance and is specifically
				  required for the performance of the contract. Actual losses which should have
				  been covered by permissible insurance or were expressly covered by
				  self-insurance are unallowable unless the parties expressly agree otherwise in
				  the terms of the contract. (4) Litigation. Includes all filing fees, legal
				  fees, expert witness fees, and all other costs involved in litigating claims
				  before an administrative hearings officer or in court, except that costs
				  incurred in litigation by or against the State are unallowable.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-21 - Applicable credits

Current through June, 2024
(a) Applicable
				  credits are receipts or price reductions which offset or reduce expenditures
				  allocable to contracts as direct or indirect costs. Examples include purchase
				  discounts, rebates, allowances, recoveries or indemnification for losses, sale
				  of scrap and surplus equipment and materials, adjustments for overpayments or
				  erroneous charges, and income from employee recreational or incidental services
				  and foods sales.
(b) Credits shall
				  be applied to reduce related direct or indirect costs.
(c) The State shall be entitled to a cash
				  refund if the related expenditures have been paid to the contractor under a
				  cost-reimbursement type contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-23 - Use of federal cost principles

Current through June, 2024
(a) In dealing with
				  contractors operating according to federal cost principles, Federal Acquisition
				  Regulations, the procurement officer, after notifying the contractor, may use
				  the federal cost principles as guidance in contract negotiations, subject to
				  subsection (b).
(b) All
				  requirements set forth in federal assistance instruments applicable to
				  contracts let by the State under a federal assistance program must be
				  satisfied. Therefore, to the extent that the cost principles which are
				  specified in the assistance instrument conflict with these cost principles, the
				  federal cost principles shall control.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-24 - Authority to deviate from cost principles

Current through June, 2024
When the best interest of the State would be served by a
					 deviation, the procurement officer may deviate from the cost principles set
					 forth in this chapter; provided that a written determination shall be made by
					 the procurement officer specifying the reasons for the deviation. A copy of the
					 determination shall be filed promptly with the head of a purchasing agency and
					 the determination shall be effective only upon approval by the head of a
					 purchasing agency and upon incorporation into the contract. However, to be
					 reimbursed, all costs must be appropriate, lawful, allocable, and accounted for
					 in accordance with generally accepted accounting principles and a deviation
					 shall not contravene this principle.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 123 - COST PRINCIPLES › Section 3-123-25 - Interim rules

Current through June, 2024
This chapter
					 123, subtitle 11 of title 3, Hawaii
					 Administrative Rules, replaces rescinded interim rules previously adopted on
					 11/15/01 (file no. 2400)."
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 1 - HAWAII PRODUCTS › Section 3-124-1 - Purpose

Current through June, 2024
The purpose of this subchapter is to provide procedures
						for qualifying. and registering products on the Hawaii products list and for
						the application of preferences thereof. The objective is to promote the use of
						Hawaii products, as defined in section
						103D-1001, HRS, by
						state purchasing agencies.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 1 - HAWAII PRODUCTS › Section 3-124-1.01 - Applicability

Current through June, 2024
(a) These rules shall apply to all
					 solicitations made pursuant to sections
					 103D-302
					 and
					 103D-303,
					 HRS, issued by a purchasing agency when a registered Hawaii product is
					 available where the product is required.
(b) These rules shall not apply whenever the
					 application will disqualify any government agency from receiving federal funds
					 or aid.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 1 - HAWAII PRODUCTS › Section 3-124-2 - Definitions

Current through June, 2024
Definitions are in section
						103D-1001, HRS. The
						following definitions apply to this chapter:
"Hawaii input" means that part of the cost of a product
						attributable to production, manufacturing, or other expenses arising within the
						State. "Hawaii input" includes but is not limited to:
(1) The cost to mine, excavate, produce, manufacture,
						raise, or grow the materials in Hawaii;
(2) The added value of that portion of the cost of
						imported materials that is incurred after landing in Hawaii;
(3) The cost of labor, variable overhead, utilities, and
						services incurred in the production and manufacturing of materials or products
						in the State;
(4) Fixed overhead cost and amortization or depreciation
						cost, if any, for buildings, tools and equipment situated and located in the
						State and utilized in the production or manufacturing of a product.
"Hawaii products list" means the list published by the
						administrator itemizing those products that have been found qualified as Hawaii
						products, the names and addresses of the manufacturers, the classes and
						preference percentages that the products will be allocated if they meet the
						requirements for which offers are solicited.
"Non-Hawaii product" means a product that is not
						registered on the Hawaii products list.
"Registered Hawaii product" means a Hawaii product that
						is registered on the Hawaii products list.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 1 - HAWAII PRODUCTS › Section 3-124-4 - Solicitation procedure

Current through June, 2024
(a) Solicitations
					 to which this preference is applicable shall refer to this subchapter and shall
					 also contain a notice referring to the place where the Hawaii products list may
					 be examined.
(b) To be eligible for
					 preference, a product shall be qualified and registered on the Hawaii products
					 list. The effective date of when a product is determined to be qualified and
					 registered on the Hawaii products list is one month after the product has been
					 approved by the state procurement office.
(c) To be listed in a solicitation, the
					 effective date when a product was qualified and registered on the Hawaii
					 products list shall be no later than the date a solicitation is first publicly
					 advertised.
(d) The classification
					 of a registered Hawaii product on the date a solicitation is first publicly
					 advertised shall determine the preference allowed the product.
(e) Prospective offerors shall be informed of
					 the registered Hawaii product and its established class that meets the
					 requirements for which offers are being solicited.
(1) When more than one registered Hawaii
					 product meeting minimum requirements is available, a schedule describing all
					 registered Hawaii products and their established classes shall be included in
					 the solicitation.
(2) Purchasing
					 agencies shall provide in the solicitation appropriate space(s) for offerors to
					 indicate selection of the Hawaii products preference and to list the Hawaii
					 product and its price f.o.b. jobsite, unloaded, including applicable general
					 excise tax and use tax.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 1 - HAWAII PRODUCTS › Section 3-124-5 - Evaluation procedure and contract award

Current through June, 2024
(a) In any
					 expenditure of public funds resulting from a contract award, a purchasing
					 agency shall purchase any required product from the Hawaii products list where
					 the registered Hawaii product is available, provided the product meets the
					 specifications and the selling price f.o.b. jobsite, unloaded, including
					 applicable general excise tax and use tax and does not exceed the lowest
					 delivered price in Hawaii f.o.b. jobsite, unloaded, including applicable
					 general excise tax and use tax, of a similar non-Hawaii product by more than
					 three per cent, where class I registered Hawaii products are involved, or five
					 per cent where class II registered Hawaii products are involved, or ten per
					 cent where class III registered Hawaii products are involved.
(b) For evaluation purposes, no preference
					 shall be considered when only registered Hawaii products are offered.
(c) Where offers include both registered
					 Hawaii products and non-Hawaii products, for the purpose of determining the
					 lowest evaluated offer, the offer for the Hawaii product shall be decreased by
					 its applicable three per cent, five per cent, or ten per cent classification
					 preference
(d) The contract amount
					 shall be the amount of the price offered, exclusive of any
					 preference.
(e) Should more than
					 one preference allowed by statute apply, the evaluated price shall be based on
					 application of applicable preferences in the order specified below. The
					 preferences (1) through (7) in this subsection shall be applied to the original
					 prices. The sum of the preferences, where applicable, shall be added to the
					 original price, except that preferences (1) and (4) shall be subtracted from
					 the Hawaii products or recycled products price.
(1) Hawaii products list, pursuant to section
					 103D-1002,
					 HRS;
(2) Tax adjustment for tax
					 exempt offerors, pursuant to section
					 103D-1008,
					 HRS;
(3) Preferred use of Hawaii
					 software development businesses, pursuant to section
					 103D-1006,
					 HRS ;
(4) Recycled products,
					 pursuant to section
					 103D-1005,
					 HRS;
(5) Reciprocal preference,
					 pursuant to section
					 103D-1004,
					 HRS;
(6.) Printing, binding, and
					 stationery work within the State, pursuant to section
					 103D-1003,
					 HRS;
(7) Preference for persons
					 with disabilities, pursuant to section
					 103D-1009,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 1 - HAWAII PRODUCTS › Section 3-124-6 - Change in class status

Current through June, 2024
(a) A person whose
					 product is on the Hawaii products list shall be responsible for informing the
					 'administrator of any change affecting the classification of the product within
					 sixty days of the change.
(b) If,
					 since the original application, there has been a change in either the method of
					 production or the relative values of the Hawaii and non-Hawaii inputs to the
					 production cost of the product(s), which could affect the product(s)
					 classification, a new application must be submitted within sixty days of the
					 change.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 1 - HAWAII PRODUCTS › Section 3-124-7 - Biennial renewal

Current through June, 2024
(a) All persons
					 whose product(s) is registered on the Hawaii products list will be notified by
					 the State thirty days prior to the date for biennial renewal or if a new
					 application is required. A sixty day grace period is allowed for both the
					 renewal and the new application.after the preference expiration date which
					 normally will be the end of an accounting period.
(b) An affidavit for renewal shall be
					 submitted if, since the filing of the original application, there has been no
					 change in either the method of production or the relative values of the Hawaii
					 and non-Hawaii inputs to the production cost affecting the product
					 classification. Provided the administrator is satisfied that the classification
					 of a registered Hawaii product is not changed, the administrator shall renew
					 the registration and classification of the product.
(c) Failure to complete the biennial renewal
					 or to provide any further information requested by the administrator shall be
					 grounds for rejecting an application or for disqualification of the
					 product.
(d) Any person receiving a
					 notice for renewal for Hawaii products list qualification shall advise the
					 administrator immediately if there is any reason why the person cannot comply
					 within the sixty day qrace period.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 1 - HAWAII PRODUCTS › Section 3-124-8 - Termination

Current through June, 2024
If change of status is not reported as required in
						section 3-124-6, or if the biennial renewal
						is not provided as required by section
						3-124-7, the administrator shall
						terminate the registration of the product effective at the end of the sixty day
						grace period allowed. Any person terminated that desires to be reinstated on
						the Hawaii products list shall submit a new application.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 2 - PRINTING, BINDING, AND STATIONERY WORK › Section 3-124-10 - Purpose

Current through June, 2024
The purpose of this subchapter is to provide procedures
						for the application of the preference for printing, binding, and stationery
						work, including all preparatory work', presswork, bindery work, and any other
						production-related work, performed within the State. The objective is to
						promote the use of businesses performing the work in Hawaii by state purchasing
						agencies.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 2 - PRINTING, BINDING, AND STATIONERY WORK › Section 3-124-11 - Applicability

Current through June, 2024
(a) All bids submitted pursuant to section
					 103D-302,
					 HRS, for a printing, binding, or stationery contract in which all work will be
					 performed in-state, including all preparatory work, presswork, bindery work,
					 and any other production-related work, to include storage and shipping costs,
					 shall receive a fifteen per cent preference for the purposes of bid
					 evaluation.
(b) These rules shall
					 not apply whenever the application will disqualify any government agency from
					 receiving federal funds or aid.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 2 - PRINTING, BINDING, AND STATIONERY WORK › Section 3-124-12 - Evaluation procedure and contract award

Current through June, 2024
(a) If the in-state
					 price is low, award shall be made to the bidder offering to perform the work in
					 Hawaii.
(b) If an out-of-state
					 price is low, the following applies in determining the lowest evaluated price:
(1) The amount bid for work performed
					 out-of-state shall be increased by fifteen per cent.
(2) The lowest total bid, taking the
					 preference into consideration, shall be awarded the contract unless the
					 solicitation provides for additional award criteria.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 3 - RECIPROCAL › Section 3-124-15 - Purpose

Current through June, 2024
The purpose of this subchapter is to provide procedures
						for the application of the reciprocal preference. The objective is to ensure
						fair and open competition for Hawaii businesses engaged in contracting with the
						State.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 3 - RECIPROCAL › Section 3-124-16 - Definitions

Current through June, 2024
As used in these rules: "Out-of-state bidder" means any
						person, agency, corporation, or other business entity whose principal place of
						business or ancillary headquarters is not located in the State or is not
						registered with the state department of commerce and consumer affairs to do
						business in the State.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 3 - RECIPROCAL › Section 3-124-17 - Applicability

Current through June, 2024
(a) The chief procurement officer may impose
					 a reciprocal preference against bidders from states which apply
					 preferences.
(b) When applied to
					 solicitations made pursuant to section
					 103D-302,
					 HRS, a resident bidder of the State of Hawaii may be given a reciprocal
					 preference equal to the preference the out-of-state bidder would be given in
					 their own state. If the out-of-state bidder's state has a preference comparable
					 to a Hawaii preference, the reciprocal preference shall be equal to the amount
					 the out-of-state preference exceeds the Hawaii preference.
(c) At least annually, the administrator of
					 the state procurement office shall make available a list of preference laws of
					 all states to the chief procurement officers.
(d) These rules shall not apply to any
					 transaction if the provisions of these rules conflict with any federal laws.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 3 - RECIPROCAL › Section 3-124-18 - Evaluation procedure and contract award

Current through June, 2024
(a) When applied,
					 the amount of the reciprocal preference as specified in section 3-124-17 shall
					 be added for evaluation purposes to the out-of-state bidder's price.
(b) Pursuant to section
					 103D-302,
					 HRS, the responsible and responsive bidder submitting the lowest evaluated bid,
					 taking into consideration all applicable preferences, shall be awarded the
					 contract.
(c) The contract amount
					 shall be the price bid, exclusive of preference.
(d) Should more than one preference allowed
					 by statute apply, the evaluated price shall be based on application of
					 applicable preferences in the order-specified below. The preferences (1)
					 through (7) in this subsection shall be applied to the original prices. The sum
					 of the preferences, where applicable, shall be added to the original price,
					 except that preferences (1) and (4) shall be subtracted from the Hawaii
					 products or recycled products price.
(1)
					 Hawaii products list, pursuant to section
					 103D-1002,
					 HRS;
(2) Tax adjustment for tax
					 exempt offerors, pursuant to section
					 103D-1008,
					 HRS;
(3) Preferred use of Hawaii
					 software development businesses, pursuant to section
					 103D-1006,
					 HRS;
(4) Recycled products,
					 pursuant to section
					 103D-1005,
					 HRS;
(5) Reciprocal preference,
					 pursuant to section
					 103D-1004,
					 HRS;
(6) Printing, binding, and
					 stationery work within the State, pursuant to section
					 103D-1003,
					 HRS;
(7) Preference for persons
					 with disabilities, pursuant to section
					 103D-1009,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 4 - RECYCLED PRODUCTS › Section 3-124-20 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish
						percentages of preference, the method of determining the recycled content to
						qualify various products for preference, and the application of the preference.
						The objective is to promote the use of recycled products by state and county
						public purchasing agencies.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 4 - RECYCLED PRODUCTS › Section 3-124-21 - Definitions

Current through June, 2024
Definitions are in section
						103D-1001, HRS. The
						following definitions apply to this chapter:
"End use" means the purpose for which an item has been
						manufactured.
"Post-consumer recovered material" means any product
						used by a consumer, including a business that purchases the material, that has
						served its intended end use, and that has been separated or diverted from the
						solid waste stream for the purpose of use, reuse, or recycling.
"Recovered material" means material that has been
						separated, diverted, or removed from the solid waste stream after a
						manufacturing process for the purpose of use, reuse, or recycling. This term
						does not include those materials that are generated and normally reused on-site
						for manufacturing processes (such as mill broke, in the case of paper
						products).
"Recycled content" means the percentage of a product
						composed of recovered material, or post-consumer recovered material, or
						both.
"Recycled product" means a product containing recovered
						material, or post-consumer recovered material, or both.
"Solid waste stream" means discarded material moving
						from the point of discard to ultimate disposition.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 4 - RECYCLED PRODUCTS › Section 3-124-22 - Applicability

Current through June, 2024
(a) These rules shall apply to all
					 solicitations issued pursuant to section
					 103D-302,
					 HRS, by a purchasing agency when it is required -or so stated in the
					 solicitation.
(b) These rules shall
					 not apply whenever the application will disqualify any government agency from
					 receiving federal funds or aid.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 4 - RECYCLED PRODUCTS › Section 3-124-23 - Qualification procedure

Current through June, 2024
(a) The
					 solicitation shall contain the per cent of recycled- content required to
					 qualify various products for a preference. Any person desiring a preference
					 pursuant to section
					 103D-1005, HRS,
					 shall certify the recycled content of the product when submitting a bid. The
					 Certification of Recycled Content form issued by the administrator shall be
					 completed and submitted as part of the bid.
(b) Bidders shall indicate on the
					 certification form, included as part of the solicitation, the recycled content
					 of the products offered. Recycled content shall be expressed as a percentage of
					 total product weight.
(c) Bidders
					 shall submit with the certification form sufficient information to support the
					 stated recycled content of the products offered. For purposes of this section,
					 sufficient information shall include, but not be limited to, manufacturer's
					 specifications, or manufacturer's certification. The procurement officer
					 calling for bids may request additional information deemed necessary in order
					 to qualify a product. The procurement officer calling for bids shall have sole
					 discretion in determining acceptance of a product.
(d) Any bidder whose product is not accepted
					 for application of preference may appeal by filing a written request for
					 re-examination of facts to the procurement officer calling for bids.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 4 - RECYCLED PRODUCTS › Section 3-124-24 - Bidding procedure

Current through June, 2024
(a) Solicitations
					 issued by a purchasing agency pursuant to section
					 103D-302,
					 HRS, and consistent with section 3-122-21, shall contain a notice stating that
					 a price preference will be given to recycled products. The solicitation shall
					 contain the percent of recycled content required to qualify various products
					 for a price preference. The price preference will be at least five per cent of
					 the price of the item, and will be used for price evaluation.
(b) All purchasing agencies issuing bids
					 shall provide an appropriate space for bidders to indicate use of recycled
					 products and to list the prices of the recycled products.
(c) When a purchase specifies only recycled
					 products or when only recycled products are bid, the price preference shall not
					 apply.
(d) Bidders requesting a
					 preference shall submit a completed certification form, as required by section
					 3-124-23, with each bid. Previous certifications shall not apply unless allowed
					 by the bid.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 4 - RECYCLED PRODUCTS › Section 3-124-25 - Evaluation procedure and contract award

Current through June, 2024
(a) When bids
					 received contain both recycled products and non-recycled products, for the
					 purpose of determining the lowest evaluated bid, the original price for the
					 recycled product item shall be decreased by the percentage specified in the
					 solicitation.
(b) Should more than
					 one preference allowed by statute apply, the evaluated price shall be based on
					 application of applicable preferences in the order specified below. The
					 preferences (1) through (7) in this subsection.shall be applied to the original
					 prices. The sum of the preferences, where applicable, shall be added to the
					 original price, except that preferences (1) and (4) shall be subtracted from
					 the Hawaii products or recycled products price.
(1) Hawaii products list, pursuant to section
					 103D-1002,
					 HRS;
(2) Tax adjustment for tax
					 exempt offerors, pursuant to section
					 103D-1008,
					 HRS;
(3) Preferred use of Hawaii
					 software development businesses, pursuant to section
					 103D-1006,
					 HRS;
(4) Recycled products,
					 pursuant to section
					 103D-1005,
					 HRS;
(5) Reciprocal preference,
					 pursuant to section
					 103D-1004,
					 HRS;
(6) Printing, binding, and
					 stationery work within the State, pursuant to section
					 103D-1003,
					 HRS;
(7) Preference for persons
					 with disabilities, pursuant to section
					 103D-1009,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 4 - RECYCLED PRODUCTS › Section 3-124-26 - Mandatory purchase of office paper and printed material with recycled content

Current through June, 2024
(a) State
					 purchasing agencies shall and county purchasing agencies are urged to purchase
					 only office paper and printed material with recycled content.
(b) Exceptions to this section require the
					 written approval of the chief procurement officer and are permitted when
					 statutory, regulatory, contractual, or agency requirements preclude the use or
					 purchase of paper with recycled contents of the same type and quantity as
					 virgin paper.
(c) When a
					 solicitation calls for recycled products only, the preference stated in this
					 subchapter shall not apply.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 5 - SOFTWARE DEVELOPMENT BUSINESSES › Section 3-124-30 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish a
						percentage of preference, the method to qualify various software development
						businesses for the preference, and application of the preference. The objective
						is to promote the use of Hawaii software development business by state
						purchasing agencies.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 5 - SOFTWARE DEVELOPMENT BUSINESSES › Section 3-124-31 - Definitions

Current through June, 2024
Definitions are in section
						103D-1001, HRS. The
						following definitions apply to this chapter:
"Hawaii software development business" means any person,
						agency, corporation, or other business entity with its principal place of
						business or ancillary headquarters located in the State of Hawaii that proposes
						to obtain eighty per cent of the labor for software development from persons
						domiciled in Hawaii.
"Hawaii software service center" means the high
						technology development corporation that shall be responsible for maintaining
						the listings of all state software development projects.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 124 - PREFERENCES › Subchapter 5 - SOFTWARE DEVELOPMENT BUSINESSES › Section 3-124-32 - Applicability

Current through June, 2024
(a) These rules shall apply to all
					 solicitations made pursuant to sections
					 103D-302
					 and
					 103D-303,
					 HRS, issued by a purchasing agency when so stated in the
					 solicitation.
(b) These rules shall
					 not apply whenever the application will disqualify any government agency from
					 receiving federal funds or aid.
(c)
					 The Hawaii software service center shall develop and make public a list of
					 governmental agencies requesting software services including a description of
					 the software services required and a timetable for development.
(d) The information provided on the list
					 shall not be binding and may be changed at the discretion of state agencies,
					 provided that any changes shall be promptly communicated to the Hawaii software
					 service center.