CHAPTER 103D
HAWAII PUBLIC PROCUREMENT CODE
Part I. General Provisions
Section
103D-101 Requirements of ethical public procurement
103D-102 Application of this chapter
103D-103 Retention of written determinations
103D-104 Definitions
103D-104.5 Agricultural products subject to this chapter
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103D-210 Repealed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103D-214 Repealed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 Fair and reasonable pricing policy; 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103D-321 Repealed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
103D-329 Past performance database
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 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
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-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-708 Interest
103D-709 Administrative proceedings for review
103D-710 Judicial review
103D-711 Judicial action
103D-712 Time limitations on actions
103D-713 Defense of a governmental body
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-1002.5 Failure to adequately verify, deliver, or supply
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
103D-1012 Biofuel preference
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
Note
Procurement services consolidation working group; reports to 2023-2024 legislature (dissolved on June 30, 2024). L 2022, c 282, §2.
Training program on government procurement for nonprofit organizations that offer homeless outreach services or manage homeless housing programs in rural areas of the State. L 2019, c 162, §2.
Cross References
Access Hawaii committee (management of State's internet portal), see chapter 27G.
Employment of state residents on construction procurement contracts, see chapter 103B.
International trade agreements, approval of procurement provisions, see chapter 489M.
Parental preference in government contract and services, see §577-7.5.
Attorney General Opinions
The State's acceptance of gifts is not subject to the procurement code; the procurement code applies to only contracts for the purchase of goods, services, or construction. Att. Gen. Op. 16-2.
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.
Law Journals and Reviews
Emerging Trends in International, Federal, and State and Local Government Procurement in an Era of Global Economic Stimulus Funding. 32 UH L. Rev. 29.
Case Notes
Procurement code was not relevant to employer's claim for breach of duty of loyalty. 338 F.3d 1082.
Under the express terms of §103D-709(c), petitioner could not seek review of the chief procurement officer’s decision on a chapter 103F health and human services contract pursuant to this chapter unless the protest was decided under one of the sections listed in §103D-709(c); §103D-709(c) thus foreclosed petitioner from seeking review of the chief procurement officer’s decision made pursuant to §103F-501 under the procedures of §103D-709. 127 H. 76, 276 P.3d 645 (2012).
Where plaintiffs had no standing, as a labor union and subcontractor, to invoke the provisions of this code because they were neither contractors nor bidders for the contract in question, and neither this code nor chapter 444 authorized the circuit court to grant the remedies plaintiffs sought, and the court was presented with no other basis for granting the requested relief, the court correctly dismissed the suit. 121 H. 182 (App.), 216 P.3d 108.