2015 Hawaii Revised Statutes
TITLE 9. PUBLIC PROPERTY, PURCHASING AND CONTRACTING
103D. Hawaii Public Procurement Code
PART I. GENERAL PROVISIONS- 103D-101 Requirements of ethical public procurement.
- 103D-102 Application of this chapter.
- 103D-103 Retention of written determinations.
- 103D-104 Definitions.
- 103D-104.5 Agricultural products subject to this chapter
- 103D-105 Public access to procurement information.
- 103D-106 Penalties.
- 103D-107 Compliance audit unit; establishment and purpose.
- 103D-108 Compliance audit unit; duties and responsibilities.
- 103D-109 Compliance audit unit; government officers and employees to cooperate.
- 103D-110 Education and training.
- 103D-111 Applicability of chapter 103.
- 103D-201 Creation and membership of the procurement policy board.
- 103D-202 Authority and duties of the policy board.
- 103D-203 Chief procurement officers.
- 103D-204 Establishment of the state procurement office; administrator.
- 103D-205 Authority and duties of the chief procurement officer.
- 103D-206 Additional duties of the administrator of the procurement office.
- 103D-207 Centralization of procurement authority.
- 103D-208 Delegation of authority by the chief procurement officer.
- 103D-209 Authority to contract for certain services.
- 103D-210 REPEALED.
- 103D-211 Procurement rules.
- 103D-212 Collection of data concerning public procurement.
- 103D-213 Procurement advisory groups.
- 103D-214 REPEALED.
- 103D-301 Methods of source selection.
- 103D-302 Competitive sealed bidding.
- 103D-303 Competitive sealed proposals.
- 103D-303.5 Pre-bid conference.
- 103D-304 Procurement of professional services.
- 103D-305 Small purchases; prohibition against parceling.
- 103D-306 Sole source procurement.
- 103D-307 Emergency procurements.
- 103D-308 Cancellation of invitations for bids or requests for proposals.
- 103D-309 Contract not binding unless funds available.
- 103D-310 Responsibility of offerors.
- 103D-311 Prequalification of suppliers.
- 103D-312 Cost or pricing data.
- 103D-313 Types of contracts.
- 103D-314 Approval of accounting system.
- 103D-315 Multi-term contracts.
- 103D-316 Right to inspect plant.
- 103D-317 Right to audit records.
- 103D-318 Finality of determinations
- 103D-319 Reporting of anticompetitive practices.
- 103D-320 Retention of procurement records.
- 103D-321 REPEALED.
- 103D-322 Multiple awards.
- 103D-323 Bid security.
- 103D-324 Contract performance and payment bonds.
- 103D-325 Bond forms and copies.
- 103D-326 Fiscal responsibility.
- 103D-327 Safety and health programs for construction.
- 103D-328 Tax clearances; setoff for due and unpaid taxes.
- 103D-401 Duties of the policy board.
- 103D-402 Duties of the chief procurement officer.
- 103D-403 Exempted items.
- 103D-404 Relationship with using agencies.
- 103D-405 Maximum practicable competition.
- 103D-406 Specifications prepared by architects and engineers.
- 103D-407 Construction projects, roadway materials; recycled glass content requirements.
- 103D-408 Hawaiian plants; use in public landscaping.
- 103D-409 Provisions for pollution control.
- 103D-410 Energy efficiency through life-cycle costing.
- 103D-411 Value engineering clauses.
- 103D-412 Light-duty motor vehicle requirements.
- 103D-701 Authority to resolve protested solicitations and awards.
- 103D-701.5 Procurement statistics.
- 103D-702 Authority to debar or suspend.
- 103D-703 Authority to resolve contract and breach of contract controversies.
- 103D-703.5 Settlement of default by contractor.
- 103D-704 Exclusivity of remedies.
- 103D-705 Solicitations or awards in violation of law.
- 103D-706 Remedies prior to an award.
- 103D-707 Remedies after an award.
- 103D-708 Interest.
- 103D-709 Administrative proceedings for review.
- 103D-710 Judicial review.
- 103D-711 Judicial action.
- 103D-712 Time limitations on actions.
- 103D-713 Defense of a governmental body.
COOPERATIVE PURCHASING
- 103D-801 Definitions.
- 103D-802 Cooperative purchasing authorized.
- 103D-803 Sale, acquisition, or use of goods by a public procurement unit.
- 103D-804 Cooperative use of goods or services.
- 103D-805 Joint use of facilities.
- 103D-806 Supply of personnel, information, and technical services.
- 103D-807 Use of payments received by a supplying public procurement unit.
- 103D-808 Public procurement units in compliance with requirements of this chapter.
- 103D-809 Review of procurement requirements.
- 103D-810 Contract controversies.
- 103D-901 Definitions.
- 103D-902 Small business assistance.
- 103D-903 Duties of the chief procurement officer.
- 103D-904 Geographic bidding.
- 103D-905 REPEALED.
- 103D-906 Preference for small businesses; set-asides; use as subcontractors.
- 103D-1001 Definitions.
- 103D-1001.5 Application of this part.
- 103D-1002 Hawaii products.
- 103D-1002.5 Failure to adequately verify, deliver, or supply Hawaii products
- 103D-1003 Printing, binding, and stationery work.
- 103D-1004 Reciprocity.
- 103D-1005 Recycled products.
- 103D-1006 Software development businesses.
- 103D-1007 REPEALED.
- 103D-1008 Taxpayer preference.
- 103D-1009 Preference for qualified community rehabilitation programs.
- 103D-1010 Purchases from qualified community rehabilitation programs.
- 103D-1011 Qualified community rehabilitation program; proposal to provide goods and services.
- 103D-1012 Biofuel preference.
- 103D-1101 Definitions.
- 103D-1102 State agency for surplus property.
- 103D-1103 Authority and duties.
- 103D-1104 Delegation of authority; bond.
- 103D-1105 Authorized donee representatives.
- 103D-1106 Transfer charges.
- 103D-1107 Revolving fund.
- 103D-1201 Definitions.
- 103D-1202 Rules.
- 103D-1203 Administrator of the state procurement office; duties.
- 103D-1204 Others' responsibilities.
- 103D-1205 Internal control.
- 103D-1206 Annual inventory reporting by state officers.
- 103D-1207 Annual inventory reporting by county mayors to administrator of the state procurement office.
- 103D-1208 Annual inventory reporting by county officers to council.
- 103D-1209 Authority to withhold salary.
- 103D-1210 Penalty; jurisdiction.
- 103D-1211 Forms for annual inventory return.
- 103D-1212 Duties of the State and county.
- 103D-1213 Sale of produce, etc.; disposition of proceeds; exceptions.
- 103D-1214 Proceeds.
WITH GREATER RECYCLED CONTENT
- 103D-1301 Short title.
- 103D-1302 Definitions.
- 103D-1303 Preference for oil products with greater recycled content.
- 103D-1304 Affirmative program for procuring oils with recycled content.
Note
Expedited information technology procurements; reports to legislature. L 2012, c 222.
Report to legislature (no later than 2016 session) regarding the university s procurement of construction contracts and construction-related consultant services. L 2013, c 87, 6.
Cross References
Access Hawaii committee (management of State's internet portal), see chapter 27G.
Employment of state residents on construction procurement contracts, see chapter 103B.
International trade agreements, approval of procurement provisions, see chapter 489M.
Parental preference in government contract and services, see 577-7.5.
Attorney General Opinions
The Code did not apply to board of trustees of deferred compensation plan's current administrator and investment-product-provider contracts because they were entered into before the Code's July 1, 1994 effective date. The Code would apply to contracts entered into after that date if "public funds" are used to fund them. Att. Gen. Op. 94-4.
Law Journals and Reviews
Emerging Trends in International, Federal, and State and Local Government Procurement in an Era of Global Economic Stimulus Funding. 32 UH L. Rev. 29.
Case Notes
Procurement code was not relevant to employer's claim for breach of duty of loyalty. 338 F.3d 1082.
Under the express terms of 103D-709(c), petitioner could not seek review of the chief procurement officer s decision on a chapter 103F health and human services contract pursuant to this chapter unless the protest was decided under one of the sections listed in 103D-709(c); 103D-709(c) thus foreclosed petitioner from seeking review of the chief procurement officer s decision made pursuant to 103F-501 under the procedures of 103D-709. 127 H. 76, 276 P.3d 645 (2012).
Where plaintiffs had no standing, as a labor union and subcontractor, to invoke the provisions of this code because they were neither contractors nor bidders for the contract in question, and neither this code nor chapter 444 authorized the circuit court to grant the remedies plaintiffs sought, and the court was presented with no other basis for granting the requested relief, the court correctly dismissed the suit. 121 H. 182 (App.), 216 P.3d 108.
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