Title 9, Public Property, Purchasing And Contracting

[§103F-414] Allotment. Contracts to expend and appropriations for the purchase of health and human services shall be subject to the allotment system generally applicable to all appropriations made by the legislature. [L 1997, c 190, pt of §2]

PART V. PROTESTS [§103F-501] Protested awards. (a) A person who is aggrieved by an award of a contract may protest a purchasing agency's failure to follow procedures established by this chapter, rules adopted by the policy board, or a request for proposals in selecting a provider…

[§103F-502] Right to request reconsideration. (a) A request for reconsideration of a decision of the head of the purchasing agency under section 103F-501 shall be submitted to the chief procurement officer not later than five working days after the receipt of the written decision…

[§103F-503] Award of contract suspended during a protest. In the event of a timely protest, or request for reconsideration, no further action to award the contract until the issue is resolved shall be taken, unless the chief procurement officer makes a written determination that …

[§103F-504] 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 award of a contract to resolve their concerns. [L 1997, c 190…

PART I. GENERAL PROVISIONS §104-1 Definitions. As used in this chapter, the following words and phrases shall have the following meanings: "Basic hourly rate" means the hourly wage paid to a laborer or mechanic for work performed during nonovertime hours, but shall not include th…

§104-2 Applicability; wages, hours, and other requirements. (a) This chapter shall apply to every contract in excess of $2,000 for construction of a public work project to which a governmental contracting agency is a party; provided that this chapter shall not apply to experiment…

[§104-2.5] Public work requirements; private construction contracts. (a) Section 104-2 notwithstanding, for purposes of this chapter, public work shall also include a construction contract between private persons if more than fifty per cent of the assignable square feet of a proj…

[§104-2.7] Provisions of law; waiver. No provision of this chapter may in any way be contravened or set aside by private contract. [L 2014, c 130, §1]

PART II. ADMINISTRATION AND ENFORCEMENT §104-21 Governmental contracting agency responsibilities. The governmental contracting agency shall: (1) Pay or cause to be paid, within sixty days of a determination made by the director, directly to laborers and mechanics or to the direct…

§104-22 Investigation; penalties. (a) The department may conduct investigations to determine compliance with this chapter. The department may enter the job site, examine records of any contractor, either during or after the performance of any contract, or subpoena the records. Th…

§104-23 Notification of violation. (a) When the department, either as a result of a report by a contracting agency or as a result of the department's own investigation, finds that a violation of this chapter or of the terms of the contract subject to this chapter has been committ…

§104-24 Violations; penalties. (a) Where the department finds that a first violation of this chapter has been committed, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be jointly and severally liable for …

§104-25 Suspension. (a) The director shall suspend a person and firm as follows: (1) For a first or second violation, if a person or firm fails to pay wages found due or any penalty assessed, or both, the person and firm shall be immediately suspended from doing any work on any p…

§104-26 Judicial review. (a) Any party to an appeal under this chapter may obtain judicial review of the decision on the appeal in the manner provided in chapter 91. (b) Any suspension or dismissal of any complaint under this chapter shall be subject to appeal in circuit court by…

§104-27 Liability. If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics for wages or overtime compensation due under this chapter, and the contractor has failed to pay the wages or overtime compensation, the…

§104-28 Civil action. (a) The following civil actions may be instituted in any court of competent jurisdiction: (1) An action to recover unpaid wages or overtime compensation may be maintained by any one or more laborers or mechanics for and on behalf of oneself or themselves and…

§104-29 Rules. Subject to chapter 91, the director shall adopt reasonable rules for determining the prevailing wages, enforcement, administration, and general purposes of this chapter. These rules shall have the force and effect of law. [L 1995, c 181, pt of §2]

§104-3 Payrolls and payroll records. (a) Every contract subject to this chapter and the specifications for those contracts shall contain a provision that a certified copy of all payrolls and a certified copy of a fringe benefit reporting form supplied by the department or any cer…

§104-30 Application of this chapter to contracts entered into without regard to other laws. The fact that a contract is or was entered into without regard to chapter 103D, or upon a cost-plus-a-fixed fee basis, or cost-plus-a-fixed percentage basis, or without advertising for pro…

§104-31 Effect on other laws. Neither this chapter nor any rule or other action under this chapter shall supersede or impair any minimum wage or maximum hour law or any authority otherwise granted by law to provide for the establishment of specific minimum or other wage rates. [L…

§104-32 Suspension during emergency. During a national emergency declared by the President or the Congress of the United States, or a state of emergency declared by the governor, subject to the provisions of section 127-10 or 128-7, the governor, by executive order in writing, ma…

§104-33 Inspection. (a) If work performed in accordance with this chapter, in excess of eight hours in any day or on a Saturday, Sunday, or legal holiday of the State, requires inspection by the State or any political subdivision thereof, the inspection shall be conducted by the …

§104-34 Submission of collective bargaining agreement to the director. (a) Parties to a collective bargaining agreement covering classes of laborers or mechanics, which are included in the prevailing wage determinations made pursuant to this chapter, shall submit a copy of the ag…

§104-4 Termination of work on failure to pay agreed wages; completion of work; contract and specifications provision. Every contract and the specifications for such contract shall contain a provision that if the governmental contracting agency finds that any laborer or mechanic e…

§105-1 Government motor vehicles; certain uses prohibited. Except as provided in section 105-2, it shall be unlawful for any person to use, operate, or drive any motor vehicle owned or controlled by the State, or by any county thereof, for personal pleasure or personal use (as di…

§105-10 Motor vehicles; shelter. Except as otherwise permitted by section 105-2, every motor vehicle owned or controlled by the State, or by any county thereof, when not being used for official or governmental business or purposes, shall be kept in parking areas under cover if fe…

[§105-11] State motor pool revolving fund. (a) There shall be in the state treasury, a state motor pool revolving fund for acquisition, operation, repair, maintenance, storage, and disposal of state-owned vehicles assigned to the motor pool. (b) All proceeds collected from motor …

§105-2 Exceptions. Section 105-1 shall not apply to: (1) The governor; (2) The mayor of any county; (3) Any member of a police department or a fire department or of the staff of a hospital, or any officer or employee of the board of water supply of the city and county of Honolulu…

§105-3 Permits revocable. Permits under section 105-2 may be limited to hours, routes, purposes or character of use, may extend to general classes of officers or employees, and may be canceled or revoked at any time without notice. The burden of proof shall be upon any officer or…

§105-4 Enforcement; duties of sheriffs and police officers. The sheriff and the sheriff's deputies, or any police officer, within their respective jurisdictions, shall investigate any violation, or suspected violation of, and shall enforce section 105-1. [L 1949, c 389, pt of §1(…

§105-5 Penalties; dismissal. Every person who violates section 105-1 shall be fined not more than $50 or imprisoned not more than ten days, or both. Any person, then being an appointed officer or an employee of the State or of any county, who is found guilty more than twice by a …

§105-6 Inscription on state motor vehicles. Unless excepted, every motor vehicle owned or controlled by the State shall bear on both sides thereof a facsimile of the state seal and beneath the seal the words "For Official Use Only" and the name of the department, commission, boar…

§105-7 Inscription on county motor vehicles. Unless excepted every motor vehicle owned or controlled by any county shall bear on both sides thereof the following inscription: "For Official Use Only". Underneath the inscription shall be the name or title of the county and the name…

§105-8 Character of inscription. The letters of such words as are required by sections 105-6 and 105-7 shall be painted or applied on all such motor vehicles in characters of a plain, bold size. [L 1919, c 227, pt of §2; RL 1945, §463; am L 1949, c 389, pt of §1(b); RL 1955, §7-1…

§105-9 Duty of performance. The duty of carrying out sections 105-6 to 105-8, insofar as they relate to motor vehicles, the property, or under the control, of the State, shall be vested in the comptroller, and, insofar as they relate to the several counties, shall be vested in th…

PART I. GENERAL PROVISIONS §107-1 Management of internal improvements. The comptroller is charged with the superintendence and management of the internal improvements of the State. [CC 1859, §167; RL 1925, §798; RL 1935, §1700; RL 1945, §4901; am L 1947, c 180, §1; RL 1955, §110-…

§107-1.5 Public works project assessment fund. (a) There shall be established in the department of accounting and general services a revolving fund to be known as the public works project assessment fund for the purposes of defraying costs involved in carrying out construction pr…

§107-10 Acquiring of real property; prior approval. No real property or any right, title, or interest therein shall be acquired by agreement, purchase, gift, devise, eminent domain, or otherwise, for any purpose, by the State or any department, agency, board, commission, or offic…

§107-11 Parking; control by comptroller. (a) The comptroller may assess and collect reasonable fees for parking for all government officials and employees, install parking meters, and restrict and otherwise control parking on all state lands within the comptroller's jurisdiction.…

§107-2 Surveys, maps, etc., lands, harbors, etc. The comptroller shall cause such surveys, maps, and plans of the government lands set aside for public purposes and of the harbors, and internal improvements to be made as the public interest may require, which surveys, maps, and p…

PART II. STATE BUILDING CODE AND DESIGN STANDARDS §107-21 Definitions. As used in this part: "Codes and standards" means nationally recognized minimum requirements that shall be met for design and construction to safeguard life, property, and the general welfare. "Council" means …

§107-22 State building code council. (a) There is established a state building code council. The council shall be placed within the department of accounting and general services for administrative purposes only. The council shall consist of twelve voting members and one nonvoting…

§107-23 Executive director and executive assistant; council budget. (a) The council shall appoint, exempt from chapters 76 and 89, an executive director, who shall serve at the pleasure of the council, and who shall have administrative abilities and experience with the building i…

§107-24 Authority and duties of the council. (a) Any law to the contrary notwithstanding, the council shall establish the Hawaii state building codes. (b) The council shall appoint a subcommittee comprising the four council members representing county building officials, whose du…

§107-25 Hawaii state building codes; requirements. There is established the Hawaii state building codes applicable to all construction in the State of Hawaii. The Hawaii state building codes shall be based upon: (1) The state fire code as adopted by the state fire council; (2) Th…