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 2 - GENERAL PROVISIONS › Section 3-122-6 - Conditioning offers upon other contracts not acceptable

Current through June, 2024
Any offer which is conditioned upon receiving a contract
						other than as provided for in the solicitation shall be deemed nonresponsive
						and not acceptable.
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 2 - GENERAL PROVISIONS › Section 3-122-7 - Determination of contractual terms and conditions

Current through June, 2024
The chief procurement officer or the head of a
						purchasing agency is authorized to determine the contractual provisions, terms,
						and conditions of solicitations and contracts, provided the provisions, terms,
						and conditions are not contrary to statutory or chapter
						91 administrative rule requirements
						governing the procurement.
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 2 - GENERAL PROVISIONS › Section 3-122-8

Current through June, 2024
Purchase of items separately from construction contract.
						The chief procurement officer or the head of a purchasing agency is authorized
						to determine whether a good items or group of good items shall be included as
						part of, or procured separately from, any contract for construction.
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 2 - GENERAL PROVISIONS › Section 3-122-9 - Use of facsimile machines, electronic mail, or electronic procurement systems

Current through June, 2024
(a) Copies of
					 documents transmitted by vendors via facsimile machine, electronic mail, or an
					 electronic procurement system may include the notice of intent to offer; the
					 offer with required documentation for evaluation purposes; and modifications or
					 withdrawal of offers, pursuant to subsections (b) and (c).
(b) Notices of intent to submit an offer and
					 modifications or withdrawal of an offer may be submitted by facsimile machine,
					 electronic mail, or an electronic procurement system pursuant to sections
					 3-122-111 and 3-122-16.07, respectively.
(c) An offer transmitted via facsimile
					 machine, electronic mail, or through an electronic procurement system shall be
					 acceptable only when specifically allowed in the invitation for bids or request
					 for proposals, provided:
(1) The facsimile or
					 the electronically submitted offer is received at the designated office by the
					 time and date set for receipt of offers; and
(2) The facsimile or the electronically
					 submitted offer contains:
(A) The
					 identification number of the invitation for bids or request for
					 proposals;
(B) The item;
(C) The quantity;
(D) The price for the offer;
(E) All pages of the offer requiring an
					 original signature;
(F) The bid
					 bond, if required; and
(G) A signed
					 statement that the offeror agrees to all the terms, conditions, and provisions
					 of the invitation for bids or request for proposals.
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 2 - GENERAL PROVISIONS › Section 3-122-9.01 - Disclosure of information

Current through June, 2024
(a) A purchasing
					 agency is not required to disclose information identifying the number or the
					 names of organizations or persons that obtained a solicitation, attended a
					 pre-offeror's conference, or submitted a notice of intent to offer; or an offer
					 until:
(1) The purchase order is issued or
					 the purchasing card order is placed, in the case of a small purchase request
					 for quotations pursuant to subchapter 8;
(2) After the time and date set for receipt
					 of priced bids, in the case of invitation for bids pursuant to subchapters
					 5 and 6.5; and
(3) The posting of the award in the case of a
					 request for proposals pursuant to subchapter 6.
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 2 - GENERAL PROVISIONS › Section 3-122-9.02 - Request for information

Current through June, 2024
When it is considered impractical to initially prepare a
						definitive purchase description or when discussions with vendors are not
						productive, the procurement officer may, prior to issuing a competitive sealed
						bid or proposal, issue a request for information which shall include but not be
						limited to:
(1) The objective of the
					 procurement;
(2) That the response
					 is to provide the purchasing agency with recommendations that will serve to
					 accomplish the work required by the procurement;
(3) That the purchasing agency reserves the
					 right to incorporate in a solicitation, if issued, any recommendations
					 presented in the response to the request for information; and
(4) That neither the purchasing agency nor
					 the supplier responding has any obligation under the request for
					 information.
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 3 - SPECIFICATIONS › Section 3-122-10 - Purpose

Current through June, 2024
A specification is the basis for procuring a good,
						service, or construction item adequate and suitable for the State's needs in a
						cost effective manner. Purchasing agencies shall seek to procure standard
						commercial products, if practicable, and obtain the most advantageous prices.
						All specifications shall seek to promote overall competition, shall not be
						unduly restrictive, and provide a fair and equal opportunity for every supplier
						that is able to meet the State's needs. In developing specifications, unique
						requirements should be avoided
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 3 - SPECIFICATIONS › Section 3-122-11 - Authority to prepare specifications

Current through June, 2024
(a) The chief
					 procurement officer, with the assistance of the using agency, shall prepare and
					 approve specifications, and may delegate, in writing, to purchasing or using
					 agencies the authority to prepare and use its own specifications, provided the
					 delegation may be revoked by the chief procurement officer.
(1) The written delegation shall include a
					 determination made by the chief procurement officer that there will be no
					 substantial conflict of interest involved and it is otherwise in the best
					 interest of the State.
(2) Using
					 agencies delegated the authority to prepare specifications may use any of the
					 specifications defined herein.
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 3 - SPECIFICATIONS › Section 3-122-12 - Duties of the administrator

Current through June, 2024
(a) The
					 administrator of the state procurement office shall serve as the central
					 procurement officer to coordinate, guide, and distribute specifications used by
					 purchasing agencies, including specifications on recycled products and the
					 guidelines for purchasing energy-efficient vehicles. This effort will allow for
					 the use of standard specifications by purchasing agencies on purchases for
					 common or general use items or standard commercial products or energy-efficient
					 vehicles.
(b) The administrator of
					 the state procurement office shall review and establish purchase §
					 3-122-13 specifications to guide state and county purchased agencies in the
					 procurement of recycled products.
(1) The
					 specifications shall:
(A) Be consistent with
					 applicable current federal specification standards on recycled products
					 incorporated in Presidential Executive Orders No. 12873, dated October 20,
					 1993, and any subsequent amendments to that order;
(B) Include minimum standards of recovered
					 material and post-consumer content; and
(C) Ensure, to the maximum extent
					 economically feasible, the purchase of materials which may be recycled or
					 reused when discarded and avoid the purchase of products deemed environmentally
					 harmful.
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 3 - SPECIFICATIONS › Section 3-122-13 - Development of specifications

Current through June, 2024
(a) A specification
					 should provide for the following:
(1)
					 Identify minimum requirements;
(2)
					 Allow for competition;
(3) List
					 reproducible test methods to be used in testing for compliance with
					 specifications; and
(4) Provide for
					 an equitable award at the best value.
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 3 - SPECIFICATIONS › Section 3-122-14 - Exempted items

Current through June, 2024
Purchasing agencies are granted the authority to prepare
						specifications for goods, services, and construction procured under sections
						103D-102
						and
						103D-304,
						HRS. However, all public employees are responsible for adhering to remaining
						ethical considerations in public procurement, as guided by section
						103D-101,
						HRS, and section
						3-131-1.02,
						HAR.
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 4 - METHODS OF SOURCE SELECTION AND GENERAL GUIDANCE › Section 3-122-16 - Methods of source selection

Current through June, 2024
Unless authorized by law, all contracts shall be awarded
						by competitive sealed bidding pursuant to subchapters
						5 and 6.5, except as provided
						in:
(1) Subchapter 4.5 - Source
					 selection for federal grants;
(2)
					 Subchapter
					 6 - Competitive sealed
					 proposals;
(3) Subchapter 7 -
					 Professional services procurement;
(4) Subchapter 8 - Small purchases;
(5) Subchapter
					 9 - Sole source procurements;
					 and
(6) Subchapter
					 10 - Emergency 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 4 - METHODS OF SOURCE SELECTION AND GENERAL GUIDANCE › Section 3-122-16.01 - Procurement dollar thresholds

Current through June, 2024
Procurements exceeding the threshold of section
						103D-305,
						HRS, shall be made pursuant to subchapters
						5,
						6, 6.5, 7,
						9, and
						10.
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 4 - METHODS OF SOURCE SELECTION AND GENERAL GUIDANCE › Section 3-122-16.02 - Preparation time for offer

Current through June, 2024
(a) The minimum
					 time period between the first date of the public notice of the solicitation and
					 the date set for receipt of offers, except as provided by subsection (b) for
					 construction, including design-build projects, shall be as follows:
(1) For a single-step invitation for bids
					 pursuant to subchapter
					 5, ten calendar days;
(2) For competitive sealed proposals pursuant
					 to subchapter
					 6, thirty calendar days, unless the
					 procurement officer makes a written determination that a shorter time will
					 provide for adequate competition; and
(3) For multi-step invitation for bids
					 pursuant to subchapter 6.5, fifteen calendar days for the phase one unpriced
					 technical proposal, unless the procurement officer makes a written
					 determination that a shorter time will provided for adequate competition; and
					 ten calendar days for the phase two priced bid.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 4 - METHODS OF SOURCE SELECTION AND GENERAL GUIDANCE › Section 3-122-16.03 - Public notice

Current through June, 2024
(a) Public notice
					 of the solicitation pursuant to subchapter 4.5,
					 5,
					 6, 6.5, or 7 shall be made for the
					 purpose of securing competition.
(b) The public notice of the solicitation
					 pursuant to subchapters 4.5,
					 5,
					 6, and 6.5 shall include the following
					 information:
(1) A brief description of the
					 good, service, or construction desired; or for solicitations seeking providers
					 for federal grant contracts, the title of the grant application or funding
					 source and a brief description of the services being sought;
(2) Where and when the solicitation will be
					 available and a phone number or e-mail address where interested parties may
					 request a copy;
(3) How long the
					 solicitation will be available, i.e., the deadline for the responses to the
					 solicitation;
(4) Other appropriate
					 information, e.g., a notice of intention to offer pursuant to section 3-122-111
					 or the time, date, and location of the pre-bid or pre-proposal
					 conference;
(5) For request for
					 interest pursuant to section 3-122-16.31, a statement that the purpose of the
					 request is to select a provider or providers for federal grants; and
(6) For a multi-step invitation for bids
					 pursuant to subchapter 6.5, a general statement that the bid is multi-step and
					 the due date(s) of the unpriced technical offer and priced offer.
A copy of the solicitation shall be made available for
						public inspection and pick up at the office of the procurement officer issuing
						the solicitation.
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 4 - METHODS OF SOURCE SELECTION AND GENERAL GUIDANCE › Section 3-122-16.04 - List of potential offerors

Current through June, 2024
(a) A list may be
					 compiled to provide the procurement officer with the names of businesses that
					 may be interested in competing for various types of contracts.
(b) Unless otherwise provided, inclusion of
					 the name of a business is discretionary and does not indicate whether the
					 business is responsible in respect to a particular procurement or otherwise
					 capable of successfully performing a contract; nor does it guarantee
					 notification of each solicitation.
(c) Businesses that fail to respond to
					 solicitations or notices of availability may be removed from the
					 list.
(d) Names and addresses on
					 the list shall be available for public inspection.
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 4 - METHODS OF SOURCE SELECTION AND GENERAL GUIDANCE › Section 3-122-16.05 - Pre-bid or pre-proposal conference

Current through June, 2024
(a) The purpose of
					 a pre-bid or pre-proposal conference is to explain the procurement requirements
					 and allow potential offerors to ask questions.
(1) An agency may hold a pre-bid or
					 pre-proposal conference and require or not require attendance by all
					 prospective bidders as a condition for submitting an offer for solicitations
					 that have special or unusual requirements, e.g., requiring physical
					 inspection.
(2) For construction,
					 including design-build projects, pursuant to section
					 103D-303.5,
					 HRS, an agency shall hold a pre-bid or pre-proposal conference and invite all
					 interested parties to attend.
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 4 - METHODS OF SOURCE SELECTION AND GENERAL GUIDANCE › Section 3-122-16.06 - Amendment and clarification to solicitation

Current through June, 2024
(a) An
					 addendum shall be issued for amendments and clarifications to a solicitation
					 prior to submission of offers, except as provided in subsection (f).
(1) Amendments include any material changes
					 to the solicitation as in quantity, purchase descriptions, delivery schedules,
					 scope of work, and opening dates. The addendum shall reference the portions of
					 the solicitation it amends and detail the amendments;
(2) Clarifications include pre-bid or
					 pre-proposal communications other than amendments.
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 4 - METHODS OF SOURCE SELECTION AND GENERAL GUIDANCE › Section 3-122-16.07 - Pre-openinq modification or withdrawal of offer

Current through June, 2024
(a) Bids or
					 proposals submitted pursuant to subchapters
					 5,
					 6, and 6.5 may be modified or withdrawn
					 prior to the established due date by the following documents:
(1) Modification of bids or proposals:
(A) A written notice accompanying the actual
					 modification received in the office designated in the solicitation, stating
					 that a modification to the bid or proposal is submitted; or
(B) A facsimile or electronic notice
					 accompanying the actual modification submitted either by facsimile machine,
					 electronic mail, or an electronic procurement system pursuant to section
					 3-122-9 to the office designated in the solicitation; provided if other than
					 through an electronic system, offeror submits the actual written notice and
					 modification within two working days of receipt of the facsimile or the
					 electronic transmittal.
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 4 - METHODS OF SOURCE SELECTION AND GENERAL GUIDANCE › Section 3-122-16.08 - Late offer, late withdrawal, and late modification

Current through June, 2024
(a)
					 Any notice of withdrawal, notice of modification of a bid or proposal with the
					 actual modification, or any bid or proposal is late when received at the place
					 designated for receipt and opening of an offer after the established due date,
					 additionally defined in section 3-122-16.06(a), except when received before
					 contract award and would have been timely but for the action or inaction of
					 personnel within the procurement activity.
(b) A late bid or proposal or late
					 modification will not be considered for award and shall be returned to the
					 offeror unopened as soon as practicable, accompanied by a letter from the
					 procurement activity stating the reason for its return.
(c) A late withdrawal request except as
					 provided for in section 3-122-31, shall be responded to with a statement of the
					 reason for non-acceptance of the withdrawal.
(d) Records of each late offer, late
					 modification, or late withdrawal and any related correspondence shall be made a
					 part of the appropriate procurement file, except for the late offer or late
					 modification itself which shall be disposed of in accordance with subsection
					 (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 4 - METHODS OF SOURCE SELECTION AND GENERAL GUIDANCE › Section 3-122-16.09 - Cancellation of solicitation and rejection of offer

Current through June, 2024
Cancellation of solicitations and rejection of bids or
						proposals shall be pursuant to subchapter
						11 and section
						103D-308,
						HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 4.5 - SOURCE SELECTION FOR FEDERAL GRANTS › Section 3-122-16.30 - Purpose

Current through June, 2024
(a) The purpose of this subchapter is to
					 provide rules for the selection of providers for federal grants.
(b) The selection of providers for federal
					 grants shall be in accordance with the appropriate source selection methods in
					 section 3-122-16.
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 4.5 - SOURCE SELECTION FOR FEDERAL GRANTS › Section 3-122-16.31 - Exception; request for interest

Current through June, 2024
(a) "Request for
					 interest" as used in this subchapter means all documents utilized for
					 soliciting interest in providing goods, services, or construction under a
					 federal grant.
(b) Where time or
					 economic situations preclude the use of other source selection methods in
					 section 3-122-16, purchasing agencies may, with the approval of the head of
					 purchasing agency, issue a request for interest to select a provider or
					 providers for a federal grant.
(c)
					 A public notice shall be publicized pursuant to section 3-122-16.03(d) and
					 shall include but not be limited to the information in section
					 3-122-16.03(b).
(d) The request for
					 interest may include but not be limited to the following:
(1) Identification and purpose of the federal
					 funding;
(2) The target population
					 or clients to be served;
(3) A
					 description of the good, service, or construction;
(4) The evaluation criteria and their
					 relative weights for selecting a provider or providers;
(5) The format, if any, and procedure for
					 submitting responses to the request;
(6) The deadline for submittal of written
					 responses to the request which shall be a minimum of five working days from the
					 date of public notice;
(7) A
					 statement that the purchasing agency reserves the right to incorporate or not
					 incorporate in the State's application for federal grants any recommendations
					 presented in response to the request; and
(8) A statement that neither the purchasing
					 agency nor the interested provider has any obligation under the
					 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 5 - COMPETITIVE SEALED BIDDING › Section 3-122-17 - Purpose

Current through June, 2024
The purpose of this subchapter is to provide rules for
						the use of the competitive sealed bidding method of source
						selection.
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 5 - COMPETITIVE SEALED BIDDING › Section 3-122-21 - Preparing a competitive sealed bid

Current through June, 2024
The invitation for bids shall be used to initiate a
						competitive sealed bid procurement and shall include:
(1) Instructions and information to bidders
					 concerning the bid submission requirements, including:
(A) The time and date set for receipt of
					 bids;
(B) The address of the office
					 to which bids are to be delivered or if bid submittal is required through an
					 electronic procurement system;
(C)
					 The maximum time for bid acceptance by the procurement officer issuing the bid;
					 and
(D) Any other special
					 information, such as any requirement of intention to bid, if required, or the
					 time, date, and location of the pre-bid conference.
The bid opening shall be held at the time, date, and
						location of the receipt of bids;
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 5 - COMPETITIVE SEALED BIDDING › Section 3-122-30 - Receipt, opening, and recording of bids

Current through June, 2024
(a) Upon its
					 receipt, each bid and modification shall be time-stamped but not opened and
					 shall be stored in a secure place by the procurement officer until the time and
					 date set for opening. Purchasing agencies may use other methods of receipt when
					 approved by the procurement officer.
(b) Bids and modifications shall be opened
					 publicly, in the presence of one or more witnesses, at the time, date, and
					 place designated in the invitation for bids.
(1) The name of each bidder, the bid
					 price(s), and other information as is deemed appropriate by the procurement
					 officer or the procurement officer's designated representative, shall be read
					 aloud or otherwise made available. If practicable, the information shall also
					 be recorded at the time of opening; that is, the bids shall be tabulated or a
					 bid abstract made;
(2) The name(s)
					 and address(es) of the required witnesses shall also be recorded at the
					 opening.
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 5 - COMPETITIVE SEALED BIDDING › Section 3-122-31 - Mistakes in bid

Current through June, 2024
(a) An obvious mistake in a bid may be
					 corrected or withdrawn, or waived by the offeror to the extent it is not
					 contrary to the best interest of the purchasing agency or to the fair treatment
					 of other bidders.
(b) A mistake in
					 a bid discovered before the deadline for receipt of bids may be corrected or
					 withdrawn as provided in section 3-122-16.07.
(c) A mistake in a bid discovered after the
					 deadline for receipt of bids but prior to award may be:
(1) Corrected or waived under the following
					 conditions:
(A) If the mistake is
					 attributable to an arithmetical error, the procurement officer shall so correct
					 the mistake. In case of error in extension of bid price, unit price shall
					 govern;
(B) If the mistake is a
					 minor informality which shall not affect price, quantity, quality, delivery, or
					 contractual conditions, the procurement officer may waive the informalities or
					 allow the bidder to request correction by submitting documentation that
					 demonstrates a mistake was made. Examples of mistakes include:
(i) Typographical errors;
(ii) Transposition errors;
(iii) Failure of a bidder to sign the bid or
					 provide an original signature, but only if the unsigned bid or photocopy is
					 accompanied by other material indicating the bidder's intent to be
					 bound;
(C) The
					 procurement officer may correct or waive the mistake if it is not allowable
					 under subparagraphs (A) and (B), but is an obvious mistake that if allowed to
					 be corrected or waived is in the best interest of the purchasing agency and is
					 fair to other bidders;
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 5 - COMPETITIVE SEALED BIDDING › Section 3-122-33 - Bid evaluation and award

Current through June, 2024
(a) The award shall
					 be made to the lowest responsive, responsible bidder and shall be based on the
					 criteria set forth in the invitation for bids.
(b) Only objectively measurable criteria
					 which are set forth in the invitation for bids shall be applied and may include
					 but not be limited to:
(1)
					 Discounts;
(2) Transportation
					 costs; and
(3) Total or life cycle
					 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 5 - COMPETITIVE SEALED BIDDING › Section 3-122-34 - Low tie bids

Current through June, 2024
(a) Low tie bids are bids from responsive,
					 responsible bidders that are identical in price and which meet all the
					 requirements and criteria set forth in the invitation for bids.
(b) At the discretion of the procurement
					 officer, award shall be made in any permissible manner that will resolve tie
					 bids, including but not limited to:
(1) Award
					 the contract to a business providing goods produced or manufactured in this
					 State or to a business that otherwise maintains a place of business in this
					 State; and
(2) Award the contract
					 to the bidder offering a low tie bid who received the previous award, and
					 continue to award succeeding contacts to the same bidder so long as all low
					 bids are identical.
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 5 - COMPETITIVE SEALED BIDDING › Section 3-122-35 - Waiver to competitive sealed bid process

Current through June, 2024
(a) If for a given
					 invitation for bids," including multi-step bidding, there is only one
					 responsive, responsible bidder:
(1) An award
					 may be made to the single bidder, provided:
(A) The procurement officer determines in
					 writing that the price submitted is fair and reasonable, and that either:
(i) Other prospective bidders had reasonable
					 opportunity to respond; or
(ii)
					 There is not adequate time for resolicitation; or
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-41 - Purpose

Current through June, 2024
The purpose of this subchapter is to provide rules for
						the use of the competitive sealed proposal method of source selection when it
						is determined that competitive sealed bidding is neither practicable nor
						advantageous to 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 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-43 - When competitive sealed bidding is not practicable or advantageous

Current through June, 2024
(a) Unless the nature of the procurement
					 permits award to a low bidder who agrees by its bid to perform without
					 condition or reservation in accordance with the purchase description, delivery
					 or performance schedule, and all other terms and conditions of the invitation
					 for bids, competitive sealed bidding is not practicable or
					 advantageous.
(b) A determination
					 may be made to use competitive sealed proposals if it is determined that
					 competitive sealed bidding is not practicable, even though advantageous.
					 Factors to be considered in determining whether competitive sealed bidding is
					 not practicable include:
(1) Whether the
					 primary consideration in determining award may not be price;
(2) Whether the contract needs to be other
					 than a fixed-price type;
(3)
					 Whether the specifications for the goods, services, or construction, or
					 delivery requirements cannot be sufficiently described in the invitation for
					 bids;
(4) Whether oral or written
					 discussions may need to be conducted with offerors concerning technical and
					 price aspects of their proposals;
(5) Whether offerors may need to be afforded
					 the opportunity to revise their proposals, including price; and
(6) Whether award may need to be based upon a
					 comparative evaluation as stated in the request for proposals of differing
					 price, quality, and contractual factors in order to determine the most
					 advantageous offering to the State. Quality factors include technical and
					 performance capability and the content of the technical proposal.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-45 - Determinations

Current through June, 2024
(a) Pursuant to section
					 103D-303(a),
					 HRS, the procurement policy board may approve a list of goods, services, or
					 construction that may be procured by competitive sealed proposals without a
					 determination by the head of the purchasing agency.
(b) The list, entitled "Procurements Approved
					 for Competitive Sealed Proposals," shall be reviewed biennially by the
					 procurement policy board and issued by procurement directive. Although the
					 good, service, or construction is listed, purchasing agencies may use the
					 competitive sealed bidding process under section
					 103D-302,
					 HRS.
(c) If the procurement is not
					 listed pursuant to subsection (a), the head of a purchasing agency shall then
					 determine in writing that competitive sealed proposals is a more appropriate
					 method of contracting in that competitive sealed bidding is neither practicable
					 nor advantageous. The determinations may be made for categories of goods,
					 services, or construction rather than by individual procurement.
(d) When it is determined that it is more
					 practicable or advantageous to the State to procure construction by competitive
					 sealed proposals:
(1) A procurement officer
					 may issue a request for proposals requesting the submission of proposals to
					 provide construction in accordance with a design provided by the offeror;
					 and
(2) The request for proposals
					 shall require that each proposal submitted contain a single price that includes
					 both design and build.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-45.01 - Evaluation committee

Current through June, 2024
Prior to the preparation of the request for proposals, a
						determination shall be made by the procurement officer that the procurement
						officer or an evaluation committee selected in writing by the procurement
						officer shall evaluate the proposals. A copy of the document identifying any
						committee members and any subsequent changes thereto shall be placed in the
						contract file.
(1) The evaluation
					 committee shall consist of at least three governmental employees with
					 sufficient qualifications in the area of the goods, services, or construction
					 to be procured;
(2) Private
					 consultants may also serve on the committee and shall:
(A) Have sufficient knowledge to serve on the
					 committee;
(B) Serve without
					 compensation, unless justified and determined in writing by the head of the
					 purchasing agency that compensation is justified; and
(C) Sign an affidavit:
(i) Attesting to having no personal,
					 business, or any other relationship that will influence their decision in the
					 evaluation process;
(ii) Agreeing
					 not to disclose any information on the evaluation process to other than an
					 employee of a governmental body; and
(iii) Agreeing that their names will become
					 public information upon award of the contract;
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-46 - Preparing a request for proposals

Current through June, 2024
The request for proposals is used to initiate a
						competitive sealed proposal procurement and shall include:
(1) The specifications for the goods,
					 services, or construction items to be procured, including a description of the
					 performance or benefit required;
(2) All contractual terms and conditions
					 applicable to the procurement;
(3)
					 A statement as to when and in what manner prices are to be submitted;
(4) A statement concerning whether the
					 proposal shall be accompanied by a proposal security pursuant to subchapter
					 24 or other evidence of financial
					 responsibility;
(5) The term of the
					 contract and conditions of renewal or extension, if any;
(6) Instructions and information to offerors,
					 including pre-proposal conferences, the location where proposals are to be
					 received, and the date, time, and place where proposals are to be received and
					 reviewed;
(7) The relative
					 importance of price and other evaluation criteria; and specific evaluation
					 criteria to be used in evaluation of proposals which may include but is not
					 limited to:
(A) Technical capability and
					 approach for meeting performance requirements;
(B) Competitiveness and reasonableness of
					 price;
(C) Managerial capabilities;
					 and
(D) Best value
					 factors;
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-51 - Receipt and registration of proposals

Current through June, 2024
(a) Proposals and
					 modifications shall be time-stamped upon receipt and held in a secure place by
					 the procurement officer until the established due date. Purchasing agencies may
					 use other methods of receipt when approved by the chief procurement officer.
(1) Proposals and modifications shall not be
					 opened publicly, but shall be opened in the presence of two or more state
					 officials;
(2) Proposals and
					 modifications shall be shown only to members of the evaluation committee and
					 state personnel or their designees having legitimate interest in
					 them.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-52 - Evaluation of proposals

Current through June, 2024
(a) Evaluation
					 factors shall be set out in the request for proposals and the evaluation shall
					 be based only on the evaluation factors. Evaluation factors not specified in
					 the request for proposals may not be considered.
(b) A numerical rating system shall be used.
					 The relative priority to be applied to each evaluation factor shall also be set
					 out in the request for proposals.
(c) The points to be applied to each
					 evaluation factor shall be set out in the request for proposals.
(1) The procurement officer, or each member
					 of the evaluation committee, as applicable, shall explain his or her ranking
					 determination in writing which shall be placed in the procurement
					 file;
(2) The written ranking
					 evaluations or explanations shall be available for public inspection after the
					 award of the contract is posted.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-53 - Discussions with offerors

Current through June, 2024
(a) Before
					 conducting discussions, a "priority list" shall be generated by the procurement
					 officer or evaluation committee.
(1) In order
					 to generate a priority list, proposals shall be classified initially as
					 acceptable, potentially acceptable, or unacceptable;
(2) All responsible offerors who submit
					 acceptable or potentially acceptable proposals are eligible for the priority
					 list;
(3) If numerous acceptable
					 and potentially acceptable proposals have been submitted, the procurement
					 officer or the evaluation committee may rank the proposals and limit the
					 priority list to at least three responsible offerors who submitted the
					 highest-ranked proposals;
(4) Those
					 responsible offerors who are selected for the priority list are referred to as
					 the "priority-listed offerors".
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-54 - Best and final offers

Current through June, 2024
(a) The procurement
					 officer shall establish a date and time for the priority-listed offerors to
					 submit their best and final offers.
(b) Best and final offers shall be submitted
					 only once, unless the chief procurement officer or the head of a purchasing
					 agency or a designee of either officer above the level of procurement officer
					 determines in writing that it is in the State's best interest to conduct
					 additional discussions or change the State's requirements by an addendum
					 distributed only to priority-listed offerors and require another submission of
					 best and final offers. Otherwise, no discussion of or changes in the best and
					 final offers shall be allowed prior to award.
(c) Priority-listed offerors shall also be
					 Informed that if they do not submit a notice of withdrawal or another best and
					 final offer, their immediate previous offer will be construed as their best and
					 final offer.
(d) After best and
					 final offers are received, final evaluations will be conducted for an award
					 pursuant to section 3-122-57.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-57 - Award of contract

Current through June, 2024
(a) The award shall
					 be issued in writing to the responsible offeror whose proposal is determined in
					 writing to provide the best value to the State taking into consideration price
					 and the evaluation criteria in the request for proposals and posted pursuant to
					 section
					 103D-701,
					 HRS, for five working days. Other criteria may not be used in the evaluation.
					 The contract file shall include the basis for selecting the successful
					 offeror.
(b) Cost or pricing data
					 requirements shall be as specified in section
					 103D-312,
					 HRS, and subchapter 15.
(c) The
					 determinations required by this section shall be final and conclusive unless
					 clearly erroneous, arbitrary, capricious, or contrary to law.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-58 - Public inspection

Current through June, 2024
(a) The existing
					 contract file, except those portions the offeror designates in writing as trade
					 secrets or other proprietary data to be confidential subject to subsection (b),
					 shall be available for public inspection upon posting of award pursuant to
					 section
					 103D-701,
					 HRS. The contract file shall include but not be limited to the following:
(1) The register of proposals prepared
					 pursuant to section 3-122-51;
(2) A
					 listing of all vendors to whom copies of the request for proposals were
					 distributed;
(3) Name of successful
					 offeror and dollar amount of offer;
(4) The basis on which the award was
					 made;
(5) A copy of the request for
					 proposals;
(6) A copy of the
					 successful offeror's proposal;
(7)
					 A copy of all unsuccessful offerors' proposals; and
(8) A copy of the executed contract resulting
					 from the request for proposals.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-59 - Waiver to competitive sealed proposal process

Current through June, 2024
(a) If for a
					 given request for proposals, there is only one responsible offeror submitting
					 an acceptable proposal:
(1) An award may be
					 made to the single offeror, provided the procurement officer determines in
					 writing that the price submitted is fair and reasonable and that either:
(A) Other prospective offerors had reasonable
					 opportunity to respond; or
(B)
					 There is not adequate time for resolicitation;
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 6 - COMPETITIVE SEALED PROPOSALS › Section 3-122-60 - Debriefing

Current through June, 2024
(a) The purpose of a debriefing is to inform
					 the nonselected offerors of the basis for the source selection decision and
					 contract award.
(b) A written
					 request for a debriefing shall be made within three working days after the
					 posting of the award of the contract.
(c) Debriefing shall be held by the
					 procurement officer or designee, to the maximum extent practicable, within
					 seven working days; provided the procurement officer or designee may determine
					 whether or not to conduct individual or combined debriefings.
(d) A protest by the requestor submitted
					 pursuant to section 10 3D-701, HRS, following a debriefing shall be filed
					 within five working days, as specified in section
					 103D-303(h),
					 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 6.5 - MULTI-STEP COMPETITIVE SEALED BIDDING › Section 3-122-61.05 - Purpose

Current through June, 2024
The purpose of this subchapter is to provide rules for
						the use of the multi-step competitive sealed bidding method of source selection
						when it is determined that award to the lowest responsive, responsible bidder
						is desired, but it is not practical to initially prepare a definitive purchase
						description which will be suitable to permit an award based on price, and it is
						desirable, prior to soliciting priced bids, to:
(1) Invite and evaluate technical proposals
					 to determine their acceptability to fulfill the purpose of the procurement;
					 and
(2) Conduct discussions
					 pursuant to section 3-122-53.