CHAPTER 103D

HAWAII PUBLIC PROCUREMENT CODE

Part I. General Provisions

Section

103D-101 Requirement of good faith

103D-102 Application of this chapter

103D-103 Retention of written determinations

103D-104 Definitions

103D-105 Public access to procurement information

103D-106 Penalties

103D-107 Compliance audit unit; establishment and purpose

103D-108 Compliance audit unit; duties and responsibilities

103D-109 Compliance audit unit; government officers and

employees to cooperate

103D-110 Education and training

103D-111 Applicability of chapter 103

Part II. Procurement Organization

103D-201 Creation and membership of the procurement policy

board

103D-202 Authority and duties of the policy board

103D-203 Chief procurement officers

103D-204 Establishment of the state procurement office;

administrator

103D-205 Authority and duties of the chief procurement

officer

103D-206 Additional duties of the administrator of the

procurement office

103D-207 Centralization of procurement authority

103D-208 Delegation of authority by the chief procurement

officer

103D-209 Authority to contract for certain services

103D-210 Repealed

103D-211 Procurement rules

103D-212 Collection of data concerning public procurement

103D-213 Procurement advisory groups

103D-214 Repealed

Part III. Source Selection and Contract Formation

103D-301 Methods of source selection

103D-302 Competitive sealed bidding

103D-303 Competitive sealed proposals

103D-303.5 Pre-bid conference

103D-304 Procurement of professional services

103D-305 Small purchases; prohibition against parceling

103D-306 Sole source procurement

103D-307 Emergency procurements

103D-308 Cancellation of invitations for bids or requests

for proposals

103D-309 Contract not binding unless funds available

103D-310 Responsibility of offerors

103D-311 Prequalification of suppliers

103D-312 Cost or pricing data

103D-313 Types of contracts

103D-314 Approval of accounting system

103D-315 Multi-term contracts

103D-316 Right to inspect plant

103D-317 Right to audit records

103D-318 Finality of determinations

103D-319 Reporting of anticompetitive practices

103D-320 Retention of procurement records

103D-321 Repealed

103D-322 Multiple awards

103D-323 Bid security

103D-324 Contract performance and payment bonds

103D-325 Bond forms and copies

103D-326 Fiscal responsibility

103D-327 Safety and health programs for construction

103D-328 Tax clearances; setoff for due and unpaid taxes

Part IV. Specifications

103D-401 Duties of the policy board

103D-402 Duties of the chief procurement officer

103D-403 Exempted items

103D-404 Relationship with using agencies

103D-405 Maximum practicable competition

103D-406 Specifications prepared by architects and engineers

103D-407 Construction projects, roadway materials; recycled

glass content requirements

103D-408 Indigenous and Polynesian introduced plants; use

in public landscaping

103D-409 Provisions for pollution control

103D-410 Energy efficiency through life-cycle costing

103D-411 Value engineering clauses

Part V. Modification and Termination of Contracts

103D-501 Contract clauses and their administration

Part VI. Cost Principles

103D-601 Cost principles rules required

Part VII. Legal and Contractual Remedies

103D-701 Authority to resolve protested solicitations and

awards

103D-702 Authority to debar or suspend

103D-703 Authority to resolve contract and breach of contract

controversies

103D-703.5 Settlement of default by contractor

103D-704 Exclusivity of remedies

103D-705 Solicitations or awards in violation of law

103D-706 Remedies prior to an award

103D-707 Remedies after an award

103D-708 Interest

103D-709 Administrative proceedings for review

103D-710 Judicial review

103D-711 Judicial action

103D-712 Time limitations on actions

Part VIII. Governmental Relations and

Cooperative Purchasing

103D-801 Definitions

103D-802 Cooperative purchasing authorized

103D-803 Sale, acquisition, or use of goods by a public

procurement unit

103D-804 Cooperative use of goods or services

103D-805 Joint use of facilities

103D-806 Supply of personnel, information, and technical

services

103D-807 Use of payments received by a supplying public

procurement unit

103D-808 Public procurement units in compliance with

requirements of this chapter

103D-809 Review of procurement requirements

103D-810 Contract controversies

Part IX. Assistance to Small Businesses

103D-901 Definitions

103D-902 Small business assistance

103D-903 Duties of the chief procurement officer

103D-904 Geographic bidding

103D-905 Repealed

Part X. Preferences

103D-1001 Definitions

103D-1001.5 Application of this part

103D-1002 Hawaii products

103D-1003 Printing, binding, and stationery work

103D-1004 Reciprocity

103D-1005 Recycled products

103D-1006 Software development businesses

103D-1007 Repealed

103D-1008 Taxpayer preference

103D-1009 Preference for qualified community

rehabilitation programs

103D-1010 Purchases from qualified community

rehabilitation programs

103D-1011 Qualified community rehabilitation program;

proposal to provide goods and services

Part XI. Federal and State Surplus Property

103D-1101 Definitions

103D-1102 State agency for surplus property

103D-1103 Authority and duties

103D-1104 Delegation of authority; bond

103D-1105 Authorized donee representatives

103D-1106 Transfer charges

103D-1107 Revolving fund

Part XII. Inventory Management; State and County

Property

103D-1201 Definitions

103D-1202 Rules

103D-1203 Administrator of the state procurement office;

duties

103D-1204 Others' responsibilities

103D-1205 Internal control

103D-1206 Annual inventory reporting by state officers

103D-1207 Annual inventory reporting by county mayors to

administrator of the state procurement office

103D-1208 Annual inventory reporting by county officers to

council

103D-1209 Authority to withhold salary

103D-1210 Penalty; jurisdiction

103D-1211 Forms for annual inventory return

103D-1212 Duties of the State and county

103D-1213 Sale of produce, etc.; disposition of proceeds;

exceptions

103D-1214 Proceeds

Part XIII. Preference for Oil Products with

Greater Recycled Content

103D-1301 Short title

103D-1302 Definitions

103D-1303 Preference for oil products with greater recycled

content

103D-1304 Affirmative program for procuring oils with

recycled content

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