§103D-1002 Hawaii products. (a) A purchasing agency shall review all specifications in a bid or proposal for purchase of Hawaii products where these products are available.
(b) All invitations for bids and requests for proposals shall:
(1) Include a description of the products that are listed in the Hawaii products list established pursuant to this section, which may be used to complete the scope of work specified in the invitation for bids or request for proposals; or
(2) Allow as part of the offer, self-certification that the Hawaii products qualify for preference;
provided that the offer may be evaluated along with any other published criteria in the solicitation, including but not limited to considerations such as specific nutritional content or its equivalent, timing of delivery, quality or freshness, and past performance, if applicable.
All Hawaii products in any bid or request for proposal shall be made available for inspection, or additional information may be requested to verify that the Hawaii product meets the minimum specifications.
(c) All persons submitting bids or proposals to claim a Hawaii products preference shall designate in their bids which individual product and its price is to be supplied as a Hawaii product.
(d) Where a bid or proposal contains both Hawaii and non-Hawaii products, then for the purpose of selecting the lowest bid or purchase price only, the price or bid offered for a Hawaii product item shall be decreased by subtracting ten per cent for class I Hawaii product items bid or offered, or fifteen per cent for class II Hawaii product items bid or offered. The lowest total bid or proposal, taking the preference into consideration, shall be awarded the contract unless the bid or offer provides for additional award criteria. The contract amount of any contract awarded, however, shall be the amount of the bid or price offered, exclusive of the preferences.
(e) Upon receipt and approval of application for Hawaii products preference, the administrator shall include within the Hawaii products list, the names of producers and manufacturers in the State who are authorized to supply locally manufactured soil enhancement products to state agencies under subsection (k). The administrator of the state procurement office shall maintain and distribute copies of the list to the purchasing agencies of the various governmental agencies.
(f) Any person not on the Hawaii products list desiring a preference pursuant to this section shall certify the Hawaii product when submitting a response to a solicitation; provided that the person certifies under penalty of sanctions that the offered Hawaii products meet the requirements for the preference.
The procurement officer may request additional information deemed necessary to qualify a product and shall have sole discretion in determining qualification for the preference.
Any offeror whose product is deemed not qualified for the preference may appeal by filing a written request for reexamination of facts to the procurement officer. Upon determining that the offeror is qualified for the preference, the procurement officer shall notify the administrator and the administrator shall place the offeror on the Hawaii products list.
(g) Solicitations shall contain a provision notifying offerors who request application of the preference that in the event of any change that materially alters the offeror's ability to supply Hawaii products, the offeror shall immediately notify the chief procurement officer in writing and the parties shall enter into discussions for the purposes of revising the contract or terminating the contract for convenience.
(h) Nothing in this section shall limit, restrict, or preclude a Hawaii product from any preferences, set-asides, or criteria that may be applied under section 103D-906, and this section shall operate instead to mutually enhance the purpose of this section and section 103D-906.
(i) This section shall not apply whenever its application will disqualify any governmental agency from receiving federal funds or aid.
(j) Any purchase made or any contract awarded or executed in violation of this section shall be void and no payment shall be made by any purchasing agency on account of the purchase or contract.
(k) For the purposes of this section, "soil enhancement product" means any nonchemical soil preparation, conditioner, or compost mixture designed to supplement aeration or add organic, green waste, or decaying matter to the soil; provided that the term does not include any plant fertilizer intended to stimulate or induce plant growth through chemical means. All state agencies shall include in their solicitations, when required, the soil enhancement products identified on the Hawaii products list pursuant to subsection (e). [L 1994, c 186, pt of §1; am L 1996, c 228, §2; am L 1997, c 352, §16; am L 2009, c 175, §6]
Structure Hawaii Revised Statutes
Title 9. Public Property, Purchasing and Contracting
103D. Hawaii Public Procurement Code
103D-101 Requirements of ethical public procurement.
103D-102 Application of this chapter.
103D-103 Retention of written determinations.
103D-104.5 Agricultural products subject to this chapter
103D-105 Public access to procurement information.
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.
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-212 Collection of data concerning public procurement.
103D-213 Procurement advisory groups.
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 Fair and reasonable pricing policy; cost or pricing data.
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; evaluations.
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.
103D-329 Past performance database.
103D-401 Duties of the policy board.
103D-402 Duties of the chief procurement officer.
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 Hawaiian 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 Motor vehicle requirements.
103D-501 Contract clauses and their administration.
103D-601 Cost principles rules required.
103D-701 Authority to resolve protested solicitations and awards.
103D-701.5 Procurement statistics.
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-709 Administrative proceedings for review.
103D-712 Time limitations on actions.
103D-713 Defense of a governmental body.
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.
103D-902 Small business assistance.
103D-903 Duties of the chief procurement officer.
103D-906 Preference for small businesses; set-asides; use as subcontractors.
103D-1001.5 Application of this part.
103D-1002.5 Failure to adequately verify, deliver, or supply Hawaii products
103D-1003 Printing, binding, and stationery work.
103D-1006 Software development businesses.
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.
103D-1102 State agency for surplus property.
103D-1103 Authority and duties.
103D-1104 Delegation of authority; bond.
103D-1105 Authorized donee representatives.
103D-1203 Administrator of the state procurement office; duties.
103D-1204 Others' responsibilities.
103D-1206 Annual inventory reporting by state officers.
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-1303 Preference for oil products with greater recycled content.
103D-1304 Affirmative program for procuring oils with recycled content.