Title 9, Public Property, Purchasing And Contracting

[§103D-212] Collection of data concerning public procurement. The chief procurement officer and the heads of all purchasing agencies shall cooperate in the preparation of statistical data concerning the procurement, usage, and disposition of all goods, services, and construction,…

§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-215] State procurement automation system special fund; transaction fee. (a) There is established in the state treasury the state procurement automation system special fund to be administered by the state procurement office and into which shall be deposited: (1) Vendor-coll…

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: (1) Section 103D-302 (Competitive sealed bids); (2) Section 103D-303 (Com…

§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-303.5] Pre-bid conference. (a) At least fifteen days prior to submission of bids pursuant to section 103D-302 for a construction or design-build project with a total estimated contract value of $500,000 or more, and at least fifteen days prior to submission of proposals pu…

§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-307] Emergency procurements. (a) The head of a purchasing agency may obtain a good, service, or construction essential to meet an emergency by means other than specified in this chapter when the following conditions exist: (1) A situation of an unusual or compelling urgenc…

§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-314] Approval of accounting system. Except with respect to firm fixed-price contracts, no contract shall be used unless it has been determined in writing by the chief procurement officer, the head of a purchasing agency, or a designee of either officer that: (1) The propos…

[§103D-315] Multi-term contracts. (a) Unless otherwise provided by law, a contract for goods or services may be entered into for any period of time deemed to be in the best interests of the governmental body, provided the term of the contract and conditions of renewal or extensio…

[§103D-316] Right to inspect plant. The State, at reasonable times, may inspect the part of the plant or place of business of a contractor or any subcontractor that is related to the performance of a contract awarded or to be awarded by the State. [L Sp 1993, c 8, pt of §2]

[§103D-317] Right to audit records. (a) The purchasing agency, at reasonable times and places, may audit the books and records of any person who has submitted cost or pricing data pursuant to section 103D-312 to the extent that such books and records relate to such cost or pricin…

§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-319] Reporting of anticompetitive practices. When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general. [L Sp 1993, c 8, pt of §2]

§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-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]

§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…

[§103D-326] Fiscal responsibility. Every contract modification, change order, or contract price adjustment under a contract shall be subject to prior written certification by the appropriate fiscal officer for funding the project or the contract, as to the effect of the contract …

[§103D-327] Safety and health programs for construction. Contracts awarded for construction in excess of $100,000 shall comply with section 396-18. [L 1995, c 199, §1]

[§103D-328] Tax clearances; setoff for due and unpaid taxes. (a) Unless the director of taxation determines that waiver of the Internal Revenue Service tax clearance requirement is necessary to expedite or facilitate the procurement process and is in the best interest of the Stat…

[§103D-329] Past performance database. (a) No later than December 31, 2023, the state procurement office shall implement and administer a past performance database with regard to state contractors. (b) The state procurement office shall adopt rules no later than December 31, 2023…

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-402] Duties of the chief procurement officer. The chief procurement officer shall prepare, issue, revise, maintain, and monitor the use of specifications for goods, services, and construction required by the State. [L Sp 1993, c 8, pt of §2]

[§103D-403] Exempted items. Specifications for goods, services, or construction items procured under section 103D-209, or those exempted pursuant to section 103D-210, may be prepared by a purchasing agency in accordance with this chapter and rules adopted hereunder. [L Sp 1993, c…

[§103D-404] Relationship with using agencies. The chief procurement officer shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own s…

[§103D-405] Maximum practicable competition. (a) All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the State's needs, and shall not be unduly restrictive. (b) Specifications, to the extent practicable, shall…

[§103D-406] Specifications prepared by architects and engineers. The requirements of this part regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including, but not limited to, those prepared by architects, engineers, designers, and…

§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-409] Provisions for pollution control. All contracts shall make provisions for control of pollution when encountered in the performance of the contract. [L 1999, c 149, pt of §2]

[§103D-410] Energy efficiency through life-cycle costing. (a) The procurement practices of the State shall include energy efficient standards and policies, including life-cycle costing. (b) In implementing life-cycle costing, the purchasing agency shall be guided by energy effici…

[§103D-411] Value engineering clauses. The State shall insert clauses providing for value engineering incentives in all public works contracts for amounts in excess of $250,000. The clauses shall provide: (1) That cost reduction proposals submitted by contractors: (A) Must requir…

§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…