2025 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.

PART II. PROCUREMENT ORGANIZATION

• 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• 103D-210 REPEALED.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• 103D-214 REPEALED.

PART III. SOURCE SELECTION AND CONTRACT FORMATION

• 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 Fair and reasonable pricing policy; 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; evaluations.
• 103D-321 REPEALED.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-329 Past performance database.

PART IV. SPECIFICATIONS

• 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 Motor vehicle requirements.

PART V. MODIFICATION AND TERMINATION OF CONTRACTS

• 103D-501 Contract clauses and their administration.

PART VI. COST PRINCIPLES

• 103D-601 Cost principles rules required.

PART VII. LEGAL AND CONTRACTUAL REMEDIES

• 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.

PART VIII. GOVERNMENTAL RELATIONS AND
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.

PART IX. ASSISTANCE TO SMALL BUSINESSES

• 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.

PART X. PREFERENCES

• 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.

PART XI. FEDERAL AND STATE SURPLUS PROPERTY

• 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.

PART XII. INVENTORY MANAGEMENT; STATE AND COUNTY PROPERTY

• 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.
• 103D-1214 Proceeds.

PART XIII. PREFERENCE FOR OIL PRODUCTS
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.