Title 9, Public Property, Purchasing And Contracting

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 As used in this part, unless the context clearly requires otherwise: "Accounting service" [Definition repealed June 30, 2028.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-1002.5] Failure to adequately verify, deliver, or supply Hawaii products. If the administrator or procurement officer who has awarded a contract under section 103D-1002, finds that in the performance of that contract there has been a failure to comply with section 103D-100…

§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-1008] Taxpayer preference. For evaluation purposes, the bidder's tax-exempt price shall be increased by the applicable retail rate of general excise tax and the applicable use tax. For competitive sealed bids, the lowest responsive, responsible bidder, taking into consider…

[§103D-1009] Preference for qualified community rehabilitation programs. When a governmental body contracts for services, a five per cent preference shall be given to services to be provided by nonprofit corporations or public agencies operating qualified community rehabilitation…

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-1011] Qualified community rehabilitation program; proposal to provide goods and services. A qualified community rehabilitation program shall be allowed to sell only goods or services, also to include building custodial and grounds maintenance services, to a governmental bo…

[§103D-1012] Biofuel preference. (a) Notwithstanding any other law to the contrary, contracts for the purchase of diesel fuel or boiler fuel shall be awarded to the lowest responsible and responsive bidders, with preference given to bids for biofuels or blends of biofuel and petr…

[§103D-1013] Accounting service businesses. [Section repealed June 30, 2028. L 2024, c 113, §7.] (a) In any expenditure of public funds for accounting services, the use of Hawaii accounting service businesses shall be preferred. Where a package bid or response to a request for pr…

§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-103] Retention of written determinations. Written determinations required by this chapter shall be retained in the appropriate official files of the chief procurement officer or in the case of delegated authority, in the files of that purchasing agency. [L Sp 1993, c 8, pt…

§103D-104 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. "Change order" means a written ord…

[§103D-104.5] Agricultural products subject to this chapter. The following agricultural products shall be subject to this chapter: Except for the exemptions under section 103D-102(b), no exemptions under this chapter shall apply to this section. [L 2009, c 175, §3]

§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-106 Penalties. (a) Any person who intentionally violates this chapter or any rules adopted pursuant to this chapter shall be guilty of a misdemeanor and shall be: (b) After reasonable notice and reasonable opportunity to be heard, the chief procurement officer, after consul…

[§103D-107] Compliance audit unit; establishment and purpose. There is established a compliance audit unit within the office of the auditor. The purpose of this unit shall be to: Reports made by this unit shall be a matter of public record. This unit shall utilize as part of the …

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

[§103D-109] Compliance audit unit; government officers and employees to cooperate. The officers and employees of the State and of each county shall cooperate with this unit and furnish to them such information related to procurement activities as may be called for in connection w…

§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…

PART XI. FEDERAL AND STATE SURPLUS PROPERTY [§103D-1101] Definitions. As used in this part, unless the context clearly requires otherwise: "Personal property" means all tangible goods, including equipment, materials and supplies, except land, buildings, and improvement to the lan…

§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-1103 Authority and duties. The state procurement office may:

[§103D-1104] Delegation of authority; bond. The administrator of the state procurement office may:

§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-1106] Transfer charges. Any charges or fees assessed by the surplus property director shall be limited to those reasonably related to the costs of care and handling with respect to the acquisition, receipt, warehousing, distribution, or transfer. The charges and fees shall…

§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…

[§103D-111] Applicability of chapter 103. Any provisions of chapter 103 not inconsistent with this chapter shall apply to the procurement of all goods, services, and construction under this chapter. [L Sp 1993, c 8, pt of §2]

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-1204] Others' responsibilities. The head of the department, or the head of any board, commission, agency, bureau, or office of the State shall be responsible for the accountability, protection, maintenance, and proper use of all state property pertaining to their office or…

[§103D-1205] Internal control. The head of the department, or the head of any board, commission, agency, bureau, or office of the State and any county having the care, custody, or control of any state property is responsible for maintaining an adequate system of internal control …

§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-…

[§103D-1209] Authority to withhold salary. The administrator of the state procurement office and the director of finance of each county shall ascertain if inventories have been filed as required by sections 103D-1206 and 103D-1208 respectively. If any officer, head of department,…

[§103D-1210] Penalty; jurisdiction. Any officer, member of a public board, assessor, or other person who fails to perform any of the duties imposed upon the person by this part shall be fined no more than $500 or imprisoned not more than six months. District judges shall have jur…

[§103D-1211] Forms for annual inventory return. The administrator of the state procurement office shall prepare and print a general form upon which the inventories required under sections 103D-1206 and 103D-1207 shall be made, and before June 1 of each year, shall mail to each of…

[§103D-1212] Duties of the State and county. (a) The administrator of the state procurement office shall examine each inventory return filed as required by sections 103D-1206 and 103D-1207 and the director of finance of each county shall examine each inventory return filed as req…

[§103D-1213] Sale of produce, etc.; disposition of proceeds; exceptions. Except as otherwise provided by law or rules adopted by the governor, the sale by any governmental office, department, board, establishment, institution, or agency (hereafter referred to as "agency") of dome…

[§103D-1214] Proceeds. Except as otherwise provided in section 103D-1213 or by any other law, all moneys received from the sale of any state property by any office, department, board, establishment, institution, or other agency shall be deposited with the director of finance to t…

[PART XIII.] PREFERENCE FOR OIL PRODUCTS WITH GREATER RECYCLED CONTENT [§103D-1301] Short title. This part shall be referred to as the "Recycled Oil Act". [L 1999, c 53, pt of §2]

[§103D-1302] Definitions. As used in this part: "Industrial oil" means any compressor, turbine, or bearing oil, hydraulic oil, metal working oil or refrigeration oil. "Lubricating oil" means any oil intended for use in an internal combustion crankcase, transmission, gearbox or di…

[§103D-1303] Preference for oil products with greater recycled content. Notwithstanding any law to the contrary, any procurement officer that purchases lubricating oil and industrial oil under this [part] shall purchase the oil from the seller who certifies the oil product contai…