Chapter 103D — Chapter 103D

PART X. PREFERENCES §103D-1001 Definitions. As used in this part, unless the context clearly requires otherwise: "Accounting service" [Definition repealed June 30, 2028. L 2024, c 113, §7.] means the art of recording, classifying, and summarizing, in a significant manner and in t…

§103D-1001.5 Application of this part. The preferences in this part shall apply, when applicable, to procurements made pursuant to section 103D-302, or 103D‑303, or both. [L 1997, c 352, pt of §2; am L 1999, c 149, §18]

§103D-1002 Hawaii products. (a) This section shall only apply to bids and proposals for agricultural goods, value-added products, and commodities. A purchasing agency shall review all specifications in a bid or proposal for purchase of Hawaii products where these products are ava…

§103D-1003 Printing, binding, and stationery work. (a) All bids submitted for a printing, binding, or stationery section 103D-302 contract in which all work will be performed in-state, including all preparatory work, presswork, bindery work, and any other production-related work,…

§103D-1004 Reciprocity. (a) [Repeal and reenactment on June 30, 2028. L 2024, c 113, §7.] To ensure fair and open competition for Hawaii businesses engaged in contracting with other states, the chief procurement officer may impose a reciprocal preference against bidders and offer…

§103D-1005 Recycled products. (a) To encourage the use of recycled products, contracts shall be awarded to the lowest responsible and responsive bidders, with preference being given to the products containing recycled material. The policy board shall adopt rules in accordance wit…

§103D-1006 Software development businesses. (a) In any expenditure of public funds for software development, the use of Hawaii software development businesses shall be preferred. Where a package bid or response to a request for proposal contains both Hawaii and non-Hawaii softwar…

§103D-1007 REPEALED. L 2003, c 52, §8.

PART I. GENERAL PROVISIONS §103D-101 Requirements of ethical public procurement. (a) All public employees shall conduct and participate in public procurement in an ethical manner. In conducting and participating in procurement, public employees shall: (b) Any actual or prospectiv…

§103D-1010 Purchases from qualified community rehabilitation programs. (a) Any governmental body, without advertising or calling for bids, may purchase goods or services provided by qualified community rehabilitation programs serving persons with disabilities that have indicated …

§103D-102 Application of this chapter. (a) This chapter shall apply to all procurement contracts made by governmental bodies whether the consideration for the contract is cash, revenues, realizations, receipts, or earnings, any of which the State receives or is owed; in-kind bene…

§103D-105 Public access to procurement information. Government records relating to procurement shall be available to the public as provided in chapter 92F. Part I of chapter 92 shall not apply to discussions, deliberations, or decisions required to be conducted or made confidenti…

§103D-108 Compliance audit unit; duties and responsibilities. The compliance audit unit shall:

§103D-110 Education and training. (a) The department of human resources development, either alone or in cooperation with any governmental body, including the department of labor and industrial relations, or in cooperation with other states, the federal government, or other person…

§103D-1102 State agency for surplus property. The state procurement office shall be the state agency for federal and state surplus personal property unless otherwise specified in this chapter or rules adopted pursuant to chapter 91. The administrator of the state procurement offi…

§103D-1105 Authorized donee representatives. Any other law to the contrary notwithstanding, the governing board, or in case there is none, the chief procurement officer or the head of a purchasing agency, or their respective designees, by written order or resolution, may confer u…

§103D-1107 Revolving fund. There shall be in the state treasury a surplus federal property revolving fund, which shall be maintained in an amount adequate to defray the costs of procuring, storing, handling, and disposing of surplus property donated to the State under any federal…

PART XII. INVENTORY MANAGEMENT; STATE AND COUNTY PROPERTY §103D-1201 Definitions. As used in this part, unless the context clearly requires otherwise: "Administrator of the state procurement office" means the chief procurement officer for the governmental bodies of the executive …

§103D-1202 Rules. The policy board shall adopt rules in accordance with chapter 91 governing:

§103D-1203 Administrator of the state procurement office; duties. The administrator of the state procurement office shall:

§103D-1206 Annual inventory reporting by state officers. The chief procurement officers for their respective jurisdictions, the administrative heads of the executive departments, and all other persons, offices, and boards of a public character which are not by law under the contr…

§103D-1207 Annual inventory reporting by county mayors to administrator of the state procurement office. Each county mayor, before September 16 of each year, shall prepare and file with the administrator of the state procurement office an annual inventory return of all nonexpenda…

§103D-1208 Annual inventory reporting by county officers to council. Every officer, head of department, agent, employee, and other person in the employ of the county, having in their custody or under their control or using property belonging to the county, each year within forty-…

PART II. PROCUREMENT ORGANIZATION §103D-201 Creation and membership of the procurement policy board. (a) There is hereby created an autonomous state procurement policy board. The policy board shall be assigned, for administrative purposes only, to the department of accounting and…

§103D-202 Authority and duties of the policy board. Except as otherwise provided in this chapter, the policy board shall have the authority and responsibility to adopt rules, consistent with this chapter, governing the procurement, management, control, and disposal of any and all…

§103D-203 Chief procurement officers. (a) [Repeal and reenactment on June 30, 2028. L 2024, c 111, §§3, 5(1).] The chief procurement officer for each of the following state entities shall be: (b) The chief procurement officers for each of the several counties shall be: provided t…

§103D-204 Establishment of the state procurement office; administrator. (a) There shall be a state procurement office, placed for administrative purposes only, within the department of accounting and general services, which shall be headed by the administrator of the state procur…

§103D-205 Authority and duties of the chief procurement officer. (a) For their respective jurisdictions and unless otherwise specifically provided in this chapter, each chief procurement officer shall serve as the central procurement officer for the officer's respective jurisdict…

§103D-206 Additional duties of the administrator of the procurement office. In addition to the duties referred to in section 103D-205, the administrator shall:

§103D-208 Delegation of authority by the chief procurement officer. Subject to the rules of the policy board, each chief procurement officer may delegate any authority or duty conferred upon the chief procurement officer by this chapter to designees or to any department, agency o…

§103D-209 Authority to contract for certain services. Except as provided in section 28-8.3 with respect to agencies of the State of Hawaii, any governmental body of this State may act as a purchasing agency and contract on its own behalf for professional services subject to this …

§103D-211 Procurement rules. (a) The procurement policy board shall adopt all rules necessary to carry out the purposes of this chapter and to implement its provisions in accordance with chapter 91. The policy board shall not delegate its power to adopt rules. (b) No rule shall c…

§103D-213 Procurement advisory groups. (a) The chief procurement officer may appoint advisory groups to assist in the development of specifications or procurement in specific areas, and any other matters within the authority of the chief procurement officer. (b) Members of procur…

§103D-214 REPEALED. L 1995, c 178, §15.

PART III. SOURCE SELECTION AND CONTRACT FORMATION §103D-301 Methods of source selection. Unless otherwise authorized by law, all contracts shall be awarded pursuant to the following sections, as applicable:

§103D-302 Competitive sealed bidding. (a) Contracts shall be awarded by competitive sealed bidding except as otherwise provided in section 103D-301. Awards of contracts by competitive sealed bidding may be made after single or multi-step bidding. Competitive sealed bidding does n…

§103D-303 Competitive sealed proposals. (a) Competitive sealed proposals may be used to procure goods, services, or construction that are either not practicable or not advantageous to the State to procure by competitive sealed bidding. (b) Proposals shall be solicited through a r…

§103D-304 Procurement of professional services. (a) Professional services shall be procured in accordance with sections 103D-302, 103D-303, 103D-305, 103D-306, or 103D-307, or this section; provided that design professional services furnished by licensees under chapter 464 shall …

§103D-305 Small purchases; prohibition against parceling. (a) Procurements of less than $100,000 for goods or services, or $250,000 for construction shall be made in accordance with procedures set forth in rules adopted by the policy board that are designed to ensure administrati…

§103D-306 Sole source procurement. (a) A contract may be awarded for goods, services, or construction without competition when the head of a purchasing agency determines in writing that there is only one source for the required good, service, or construction, the determination is…

§103D-308 Cancellation of invitations for bids or requests for proposals. An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it i…

§103D-309 Contract not binding unless funds available. (a) Contracts awarded pursuant to section 103D-302, 103D-303, or 103D-306, shall neither be binding nor have any force and effect of law unless the comptroller, the director of finance of a county, or the respective chief fin…

§103D-310 Responsibility of offerors. (a) Unless the policy board, by rules, specifies otherwise, before submitting an offer, a prospective offeror, not less than ten calendar days prior to the day designated for opening offers, shall give written notice of the intention to submi…

§103D-311 Prequalification of suppliers. (a) The policy board may adopt rules to prequalify prospective suppliers for particular types of goods, services, and construction or to limit a solicitation to prequalified vendors to meet statutory or licensing requirements applying to t…

§103D-312 Fair and reasonable pricing policy; cost or pricing data. (a) A procurement officer shall purchase goods, services, and construction from responsible sources at fair and reasonable prices. A procurement officer shall make a written determination whether a price is fair …

§103D-313 Types of contracts. (a) Subject to the limitations of this section, any type of contract that will promote the State's best interests may be used. (b) Cost-reimbursement and cost-plus-a-percentage-of-cost contracts may be used only when the chief procurement officer det…

§103D-318 Finality of determinations. The determinations required by sections 103D-302(g), 103D-303(a), 103D-303(g), 103D-306, 103D-307, 103D-310, 103D-312(e), 103D-313, and 103D-314 shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contra…

§103D-320 Retention of procurement records; evaluations. All procurement records shall be retained and disposed of in accordance with chapter 94 and records retention guidelines and schedules approved by the comptroller. Written past performance evaluations for all procurements o…

§103D-321 REPEALED. L 2001, c 43, §1.

§103D-322 Multiple awards. The policy board may adopt rules authorizing the use and prescribing the manner in which goods, services, or construction may be procured through multiple awards. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]