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 1 - DEFINITIONS › Section 3-122-1 - Definitions

Current through June, 2024
Definitions for terms used in this chapter are in
						section
						103D-104, HRS. The
						following definitions are also applicable to terms used in this chapter:
"Alternative procurement method" means a procurement
						method used due to a waiver from the competitive sealed bids or proposals
						process when one or no responsive, responsible offer is received.
"Award" means the written notification of the State's
						acceptance of a bid or proposal, or the presentation of a contract to the
						selected offeror.
"Best value" means the most advantageous offer
						determined by evaluating and comparing all relevant criteria in addition to
						price so that the offer meeting the overall combination that best serves the
						State is selected. These criteria may include, in addition to others, the total
						cost of ownership, performance history of the vendor, quality of goods,
						services, or construction, delivery, and proposed technical performance.
"Bid sample" means a sample to be furnished by a bidder
						to show the characteristics of the item offered in the bid.
"Brand name or equal specification" means a
						specification which uses one or more manufacturer's names or catalogue numbers
						to describe the standard of quality, performance, and other characteristics
						needed to meet requirements, and which provides for the submission of
						equivalent products.
"Brand name specification" means a specification limited
						to one or more items by manufacturers' names or catalogue numbers, commonly
						referred to as a restrictive specification.
"Capability" means capability at the time of award of
						contract.
"Chief financial officer" means, depending upon the
						purchasing agency, either the comptroller, a county's director of finance, or
						the respective chief financial officers of the University of Hawaii, the
						department of education, the judiciary, or the legislative branches of the
						State or county.
"Contract administrator" means the person designated to
						manage the various facets of contracts to ensure the contractor's total
						performance is in accordance with the contractual commitments and obligations
						to the purchasing agency are fulfilled.
"Contract price" means the amount designated on the face
						of the contract for the performance of the work including allowances for
						extras, if any.
"Descriptive literature" means information available in
						the ordinary course of business which shows the characteristics, construction,
						or operation of an item which enables the State to consider whether the item
						meets its needs.
"Design specifications" means the dimensional and other
						physical requirements of the item being purchased, how a product is to be
						fabricated or constructed.
"Discussion" means an exchange of information to promote
						understanding of a state agency's requirements and offeror's proposal and to
						facilitate arriving at a contract that will be the best value to the State.
						Discussions are not permissible in competitive sealed bidding, except to the
						extent permissible in the first phase of multi-step sealed bidding to determine
						the acceptability of technical offers.
"Opening" means the date set for opening of bids,
						receipt of unpriced technical offers in multi-step sealed bidding, or receipt
						of proposals in competitive sealed proposals.
"Performance specifications" means the functional or
						performance requirements of the item, what a product does and how well it
						performs.
"Practicable" and "Advantageous" shall be given ordinary
						dictionary meanings. "Practicable" means what may be accomplished or put into
						practical application. "Advantageous" means a judgmental assessment of what is
						in the State's best interest. The use of competitive sealed bidding may be
						practicable, that is, reasonably possible, but not necessarily advantageous,
						that is, in the State's best interest.
"Qualified products list" means an approved list of
						goods, services, or construction items described by model or catalogue numbers,
						which, prior to competitive solicitation, the State has determined will meet
						the applicable specification requirement.
"Quotation" means a statement of price, terms of sale,
						and description of goods, services, or construction offered by a prospective
						seller to a prospective purchaser, usually for purchases pursuant to section
						103D-305,
						HRS.
"Request for information" means a request soliciting
						information to obtain recommendations from suppliers for a procurement that
						cannot be described in sufficient detail to prepare a solicitation.
"Standard commercial product" means a product or
						material, in the normal course of business, is customarily maintained in stock
						or readily available by a manufacturer, distributor, or dealer for the
						marketing of the product.
The amended version of this section by
						Hawaii
						Administrative Rules Listing of Filings, 2024-01, January, eff.
						1/5/2024 is not yet
						available.