Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 120 - GENERAL PROVISIONS › Section 3-120-2 - Definitions

Current through June, 2024
Definitions are in section
					 103D-104, HRS. The
					 following definitions are also applicable to terms used in subtitle 11:
"Administrator of the state procurement office",
					 hereinafter referred to as "the administrator", means the administrator as
					 provided in section
					 103D-204,
					 HRS, or the administrator's designee.
"Bid" means the executed document submitted by a bidder in
					 response to an invitation for bids, or a multi-step bidding procedure.
"Bidder" means any individual, partnership, firm,
					 corporation, joint venture, or other legal entity submitting, directly or
					 through a duly authorized representative or agent, a bid for the good, service,
					 or construction contemplated.
"Chief procurement officer" means the chief procurement
					 officer for state entities and the several counties as provided in section
					 103D-203,
					 HRS, or the officer's designee.
"Contractor" means any individual, partnership, firm,
					 corporation, joint venture, or other legal entity undertaking the execution of
					 the work under the terms of the contract with the State, and acting directly or
					 through its agents or employees.
"Cost analysis" means the evaluation of cost data for the
					 purpose of arriving at costs actually incurred or estimates of costs to be
					 incurred, prices to be paid, and costs to be reimbursed.
"Cost data" means information concerning the actual or
					 estimated cost of labor, material, overhead, and other cost elements which have
					 been actually incurred or which are expected to be incurred by the contractor
					 in performing the contract.
"Days" means calendar days unless otherwise
					 specified.
"Designee" means a person appointed by the head of a
					 purchasing agency to act on its behalf with delegated authority.
"Established market price" means a current price,
					 established in the usual and ordinary course of trade between buyers and
					 sellers, which can be substantiated from sources which are independent of the
					 manufacturer or supplier and which may be an indication of the reasonableness
					 of price.
"Head of the purchasing agency" means the head of any
					 agency with delegated procurement authority.
"Invitation for bids" means all documents, whether
					 attached or incorporated by reference, utilized for soliciting bids under the
					 competitive sealed bidding source selection method.
"Offer" means bid, proposal, or quotation.
"Offer or" means any individual, partnership, firm,
					 corporation, joint venture, or other legal entity submitting, directly or
					 through a duly authorized representative or agent, an offer for the good,
					 service, or construction contemplated.
"Paying agent" means, as to bonds of any particular
					 series, the director of finance or the bank or trust company designated for the
					 payment of the principal and redemption price (if any) of, and interest on, the
					 bonds or such series in the series resolution authorizing the issuance of such
					 series or the series certificate relating to such series.
"Person" means individuals, partnerships, corporations,
					 associations, or public or private organizations or any character other than a
					 governmental body.
"Price analysis" means the evaluation of price data,
					 without analysis of the separate cost components and profit as in cost
					 analysis, which may assist in arriving at prices to be paid and costs to be
					 reimbursed.
"Price data" means factual information concerning prices,
					 including profit, for goods, services, or construction substantially similar to
					 those being procured. In this definition, "prices" refers to offered or
					 proposed selling prices, historical selling prices, and current selling prices
					 of such items. This definition refers to data relevant to both the general
					 contractor and subcontract prices.
"Procurement officer" means any person with delegated
					 authority to enter into and administer contracts and make written determination
					 with respect thereto. The term includes an authorized representative acting
					 within the limits of authority. The delegated authority is received from the
					 chief procurement officer directly or through the head of a purchasing agency
					 or designee to the procurement officer.
"Proposal" means the executed document submitted by an
					 offer or in response to a request for proposals.
"Request for proposals" means all documents, whether
					 attached or incorporated by reference, utilized for soliciting proposals under
					 the competitive sealed proposal source selection method.
"Responsive bidder or offeror" means a person who has
					 submitted a bid or offer which conforms in all material respects to the
					 invitation for bids or request for proposals.
"Solicitation" means an invitation for bids, a request for
					 proposals, a request for quotations, or any other document issued by the State
					 for the purpose of soliciting bids or proposals to perform a state
					 contract.
"State" means the judiciary, the legislature, office of
					 Hawaiian affairs, department of education, University of Hawaii, Hawaii health
					 systems corporation, remaining departments of the executive branch and all
					 governmental bodies administratively attached to them, and the counties.
"Subcontractor" means any person who enters into an
					 agreement with the contractor to perform a portion of the work for the
					 contractor.
"Support facility provider" means a bank, a national
					 banking association, an organization subject to registration with the Board of
					 Governors of the Federal Reserve System under the Bank Holding Company Act of
					 1956 or any successor provisions of law, a federal branch pursuant to the
					 International Banking Act of 1978 or any successor provisions of law, a savings
					 bank, a saving and loan association, an insurance company or association
					 chartered or organized under the laws of any state of the United States of
					 America, the Government National Mortgage Association or any successor thereto,
					 the Federal National Mortgage Association or any successor thereto, or any
					 other federal agency.