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 3-124-3 - Qualification procedure

Current through June, 2024
(a) Any person
					 desiring a preference pursuant tc this subchapter, must have the product(s)
					 qualified and registered on the Hawaii products list. The responsibility for
					 qualification shall rest upon the person desiring the preference. The
					 product(s) shall be found qualified and on the Hawaii products list before a
					 preference may be granted. Persons desiring to qualify their product(s) shall
					 complete an application according to instructions and file with the
					 administrator. Financial information submitted to the administrator pursuant to
					 these rules for the purpose of determining classification of a product shall be
					 treated as confidential when a person has made a written request for
					 confidentiality. In accordance with chapter
					 92F, HRS, the administrator shall
					 properly safeguard such information and shall not make it available to the
					 public.
(b) A single application
					 may be submitted for more than one product; however, separate data sheets shall
					 be submitted for each product for which registration is requested. Further, it
					 is necessary that each product be specified clearly and not by broad category
					 of product.
(c) Cost data for each
					 product shall reflect the product's actual total production cost for the most
					 recent full accounting period. If a product has not been in production during
					 the full accounting period, approval may be granted based on cost data
					 representing that shorter period.
(d) If upon completion of the review, the
					 administrator finds that a product has qualified as a Hawaii product, the
					 administrator shall so notify the applicant in writing, list the product on the
					 Hawaii products list as a registered Hawaii product, and notify the chief
					 procurement officers and heads of purchasing agencies or designees of the
					 decision. Applicants whose products do not qualify for the Hawaii products list
					 shall be notified in writing of the decision and the reasons therefor. Any
					 applicant whose product was determined not to qualify for registration on the
					 Hawaii products list or who contests the classification may resubmit their
					 application within thirty days addressing the reasons therefore. The
					 administrator shall respond to the applicant within thirty days.
(e) Should the administrator receive a
					 protest " challenging the validity of the classification of a Hawaii product,
					 the administrator may request an audit of the information provided should the
					 need arise to determine if the proper classification of the product is as
					 defined under Hawaii product in section
					 103D-1002, HRS. A
					 request for audit shall be sent to the person having requested registration of
					 the product on the Hawaii products list, and the person shall bear the cost of
					 the audit. The administrator may also request any additional information
					 determined necessary in order to determine proper classification. The
					 administrator shall approve or reject the classification for each Hawaii
					 product and advise the applicant or contractor within thirty days after receipt
					 of information.
(f) Application,
					 renewal, and other forms required shall be provided by the administrator.