Title 9, Public Property, Purchasing And Contracting

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-701.5] Procurement statistics. The state procurement office shall keep statistics on solicitations and awards protested under section 103D-701 for the purpose of improving procurement procedures. The statistics shall include information on protests involving inadvertent er…

§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-706] Remedies prior to an award. If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be:

§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contract is in violation of law, then: (b) If the award of the contract was made in violation of law, and the award is rescinded and the contract, if executed, is terminate…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…

[§103D-713] Defense of a governmental body. (a) No contract of less than $1,000,000 that is entered into on or after July 1, 2007, by any governmental body, and is exclusively for services that may only lawfully be provided by a person licensed under chapter 464, may require the …

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…

[§103D-809] Review of procurement requirements. The chief procurement officer may collect information concerning the type, cost, quality, and quantity of commonly used goods, services, or construction being procured or used by state public procurement units. The chief procurement…

[§103D-810] Contract controversies. Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with part VII. [L Sp 1993, c 8, pt of §2]

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-904] Geographic bidding. The chief procurement officer may utilize geographic bidding in providing goods, services, and construction to best meet the needs of the State. [L Sp 1993, c 8, pt of §2]

[§103D-906] Preference for small businesses; set-asides; use as subcontractors. The policy board shall adopt rules to promote the growth and development of small businesses that shall include:

PART I. GENERAL PROVISIONS §103F-101 Application of this chapter. (a) This chapter shall apply to all contracts made by state agencies and may be used by county agencies to provide health or human services to Hawaii's residents; provided that this chapter shall not apply to: (b) …

[§103F-102] Definitions. As used in this chapter, unless the context clearly requires otherwise: "Administrator" means the administrator of the state procurement office. "Agency" means any department, authority, commission, council, board, committee, institution, legislative body…

[§103F-103] Education and training. The administrator of the state procurement office, either alone or in cooperation with the heads of the purchasing agencies, may develop a comprehensive education and training program for the purchase of health and human services. The program s…

[§103F-104] Exemption from chapter 103D. Contracts to purchase health and human services required to be awarded pursuant to this chapter shall be exempt from the requirements of chapter 103D, unless a provision of this chapter imposes a requirement of chapter 103D on the contract…

[§103F-105] Preventing impairment of federal funds. This chapter shall be liberally construed to not hinder or impede a state agency's application for, or receipt and use, of federal funds. [L 1997, c 190, pt of §2]

§103F-106 Authority of the procurement policy board. The policy board established under section 103D-201 shall adopt all rules necessary to implement this chapter. All rules shall be adopted in accordance with chapter 91. The policy board shall consider and decide matters of poli…

[§103F-107] Medicaid contracts; nonprofits and for-profits; reporting requirements. (a) All nonprofit or for-profit medicaid healthcare insurance contractors, within one hundred and eighty days following the close of each fiscal year, shall submit an annual report to the departme…

PART II. PLANNING ORGANIZATION [§103F-201] Interagency committee on purchase of health and human services. The administrator shall establish an interagency committee on purchase of health and human services comprised of heads of purchasing agencies or their designated representat…

§103F-203 Participation of providers. (a) Prior to a state agency's release of a request for proposal under section 103F-402, at the request of the agency, a provider shall participate in the agency's development of a delivery plan for health and human services, including, as nec…

PART III. PROCUREMENT ORGANIZATION §103F-301 Powers and duties of the administrator. The administrator of the state procurement office shall carry out the following duties:

[§103F-302] Delegation of authority of the administrator of the state procurement office. Subject to rules adopted pursuant to this chapter, the administrator may delegate any authority or responsibility conferred by this chapter to a head or the heads of purchasing agencies. [L …

PART IV. SOURCE SELECTION AND CONTRACT FORMATION [§103F-401] Methods of selection. Unless otherwise provided by law, all contracts for purchases of health and human services shall be awarded by competitive purchase of services pursuant to section 103F-402, except as provided in:

§103F-402 Competitive purchase of services. (a) State agencies to which the legislature has appropriated funds for the purchase of health and human services shall solicit proposals to provide health and human services by purchase of health and human services contracts, by publish…

[§103F-403] Restrictive purchase of services. (a) A contract for the purchase of health and human services may be awarded without competition when the head of a purchasing agency determines in writing that there is a basis for restricting the purchase to a purchase from one provi…

§103F-404 Treatment purchase of services. (a) Treatment services may be purchased in accordance with this section if the following circumstances apply: (b) The head of the purchasing agency or the purchasing agency's designee shall, at a minimum, publish a notice describing the t…

§103F-405 Small purchases. Purchases of health and human services for an amount less than the threshold established in section 103D-305(a) for goods and services are small purchases, and shall be made in accordance with rules adopted by the policy board. [L 1997, c 190, pt of §2;…

[§103F-406] Crisis purchase of services. (a) The head of a purchasing agency may contract to purchase health and human services essential to meet a crisis by means other than specified in this chapter if: (b) The crisis purchase of services shall be made with such competition as …

[§103F-407] Amendment and cancellation of requests. A request may be amended or canceled, or any or all proposals may be rejected in whole or in part, as specified in the request or in accordance with rules adopted by the policy board, when it is in the best interest of the state…

[§103F-408] Modification and termination of contracts. (a) The policy board shall adopt rules specifying when a contract clause providing for adjustments in time of performance, scope of service, payment amount and terms, or other contract provisions as appropriate, by prior writ…

§103F-409 Types of contracts. (a) Any contract that will promote the State's best interests may be used. (b) A standard contract form for health and human services, including purchases and grants, shall be provided to governmental bodies by the attorney general that may be utiliz…