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103D-210 Repealed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103D-214 Repealed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103D-321 Repealed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

103D-412 Highly energy-efficient vehicles

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

103D-906 Preference for small businesses; set-asides;

use as subcontractors

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

Cross References

Parental preference in government contract and services, see §577-7.5.

Attorney General Opinions

The Code did not apply to board of trustees of deferred compensation plan's current administrator and investment-product-provider contracts because they were entered into before the Code's July 1, 1994 effective date. The Code would apply to contracts entered into after that date if "public funds" are used to fund them. Att. Gen. Op. 94-4.

Case Notes

Procurement code was not relevant to employer's claim for breach of duty of loyalty. 338 F.3d 1082.

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