Chapter 103D — Chapter 103D

§103D-323 Bid security. (a) Unless the policy board determines otherwise by rules, bid security shall be required only for construction contracts to be awarded pursuant to sections 103D-302 and 103D-303 and when the price of the contract is estimated by the procurement officer to…

§103D-324 Contract performance and payment bonds. (a) Unless the policy board determines otherwise by rules, the following bonds or security shall be delivered to the purchasing agency and shall become binding on the parties upon the execution of the contract if the contract whic…

§103D-325 Bond forms and copies. (a) The policy board shall specify the form of the bonds required by this chapter by procurement directive. (b) Any person may request and obtain from the State a certified copy of a bond upon payment of the cost of reproduction of the bond and po…

PART IV. SPECIFICATIONS §103D-401 Duties of the policy board. The policy board shall adopt rules governing the preparation, maintenance, and content of specifications for goods, services, and construction required by the State. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]

§103D-407 Construction projects, roadway materials; recycled glass content requirements. (a) When purchasing roadway materials or other high‑value, end-use applications for public projects, state and county agencies may purchase materials with minimum recycled glass content meeti…

§103D-408 Hawaiian plants; use in public landscaping. (a) Subject to exceptions as established under subsection (d), and pursuant to the timetable described in subsection (c), all plans, designs, and specifications for new or renovated landscaping of any building, complex of buil…

§103D-412 Motor vehicle requirements. (a) The procurement policy for all agencies purchasing or leasing light-, medium-, and heavy-duty motor vehicles shall be to seek vehicles that reduce dependence on petroleum-based fuels that meet the needs of the agency. Priority for selecti…

PART V. MODIFICATION AND TERMINATION OF CONTRACTS §103D-501 Contract clauses and their administration. (a) The policy board shall adopt rules requiring the inclusion of contract clauses providing for adjustments in prices, time of performance, or other contract provisions, as app…

PART VI. COST PRINCIPLES §103D-601 Cost principles rules required. The policy board shall adopt rules setting forth cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for…

PART VII. LEGAL AND CONTRACTUAL REMEDIES §103D-701 Authority to resolve protested solicitations and awards. (a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the chief procuremen…

§103D-702 Authority to debar or suspend. (a) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the chief procurement officer, after consultation with the using agency and the attorney general or corporation counsel, may debar a…

§103D-703 Authority to resolve contract and breach of contract controversies. (a) This section applies to controversies between a governmental body and a contractor which arise under, or by virtue of, a contract between them, including, without limitation, controversies based upo…

§103D-703.5 Settlement of default by contractor. Upon default of a contractor, the purchasing agency may accept moneys in satisfaction of the contractor's obligation on a contract whether the moneys are realized from the performance surety's obligation on its bond, an insurer's o…

§103D-704 Exclusivity of remedies. The procedures and remedies provided for in this part, and the rules adopted by the policy board, shall be the exclusive means available for persons aggrieved in connection with the solicitation or award of a contract, a suspension or debarment …

§103D-705 Solicitations or awards in violation of law. The provisions of section 103D-706 and section 103D‑707 apply where it is determined by the chief procurement officer or a designee under section 103D-701 or 103D-703 or where it is determined administratively under section 1…

§103D-707 Remedies after an award. (a) If after an award it is determined that a solicitation or award of a contract is in violation of law, then: (b) If the award of the contract was made in violation of law, and the award is rescinded and the contract, if executed, is terminate…

§103D-708 Interest. Interest on amounts ultimately determined to be due to a contractor or the governmental body shall be payable at the statutory rate applicable to judgments against the State under chapter 662 from the date the governmental body receives notice of the written c…

§103D-709 Administrative proceedings for review. (a) The several hearings officers appointed by the director of the department of commerce and consumer affairs pursuant to section 26-9(f) shall have jurisdiction to review and determine de novo, any request from any bidder, offero…

§103D-710 Judicial review. (a) Only parties to proceedings under section 103D-709 who are aggrieved by a final decision of a hearings officer under that section may apply for judicial review of that decision. The proceedings for review shall be instituted in the circuit court of …

§103D-711 Judicial action. (a) Only parties to the contract aggrieved by a decision issued pursuant to section 103D-703 by a state chief procurement officer or a designee may initiate an action under section 661-1. (b) A person aggrieved by a decision issued pursuant to section 1…

§103D-712 Time limitations on actions. (a) Requests for administrative review under section 103D-709 shall be made directly to the office of administrative hearings of the department of commerce and consumer affairs within seven calendar days of the issuance of a written determin…

PART VIII. GOVERNMENTAL RELATIONS AND COOPERATIVE PURCHASING §103D-801 Definitions. As used in this part, unless the context requires otherwise: "Cooperative purchasing" means procurement conducted by a public or external procurement unit with one or more public procurement units…

§103D-802 Cooperative purchasing authorized. A public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of goods, services, or construction with one or more public procurement units, external procure…

§103D-803 Sale, acquisition, or use of goods by a public procurement unit. Any public procurement unit may sell to, acquire from, or use any goods belonging to another public procurement unit or external procurement unit independent of the requirements of parts III and XII. [L Sp…

§103D-804 Cooperative use of goods or services. A public procurement unit may enter into an agreement, independent of the requirements of parts III and XII, with any other public procurement unit, external procurement unit, or nonprofit private health and human services organizat…

§103D-805 Joint use of facilities. Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement unit under the terms agreed upon…

§103D-806 Supply of personnel, information, and technical services. (a) Any public procurement unit is authorized, in its discretion, upon written request from another public procurement unit or external procurement unit, to provide personnel to the requesting public procurement …

§103D-807 Use of payments received by a supplying public procurement unit. All payments from any public procurement unit or external procurement unit received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit …

§103D-808 Public procurement units in compliance with requirements of this chapter. Where the public procurement unit or external procurement unit administering a cooperative purchase complies with the requirements of this chapter, any public procurement unit participating in the…

PART IX. ASSISTANCE TO SMALL BUSINESSES §103D-901 Definitions. As used in this part, unless the context clearly requires otherwise: "Geographic bidding" includes the use of a competitive solicitation which provides for one or more contracts to be awarded on a regional or geograph…

§103D-902 Small business assistance. (a) The policy board shall adopt rules to assist small businesses in learning how to do business with the State. (b) The state procurement office shall establish a small business initiative program consistent with this chapter to ensure that s…

§103D-903 Duties of the chief procurement officer. (a) The chief procurement officer may coordinate the implementation of this part with any similar programs offered by the department of business, economic development, and tourism or any other governmental body. (b) The chief pro…

§103D-905 REPEALED. L 1994, c 186, §26.