Legislative Changes
Goods, Services and Construction
HRS Section 103D-205 Authority and duties of the chief procurement officer
(Amended by Act 181; effective 7/1/15)
- Requires all Chief Procurement Officers to coordinate with the Administrator of the State Procurement Office regarding procurement policies, innovations, and concerns.
- Requires the reporting of procurement contract data pursuant to requirements established by the Administrator.
HRS Section 103D-408 Indigenous and Polynesian introduced plants; use in public landscaping
(Amended by Act 233; effective 6/30/2016)
- Requires landscaping projects of State-developed buildings, complexes, facilities, or housing to incorporate specified percentages of Hawaiian plants in order to contribute to a Hawaiian sense of place, to reduce the use of non-native invasive plant species, and to support the preservation of Hawaii’s cultural and ecological heritage.
- Requires exclusion of areas to be determined by procedures, standards, guidelines, by the procurement policy board.
Legislative Session Changes
The following were amended by Act 173, SLH 2012:
- HRS Section 103D-305
- HRS Section 103D-701.5 (New Section)
- HRS Section 103D-709
- HRS Section 103D-710
Legislative Session Changes
The following were amendments were made in 2011:
- HRS Section 103D-104 – Amended by Act 211, SLH 2011
- HRS Section 103D-203 – Amended by Act 131, SLH 2011
- HRS Section 103D-303 – Amended by Act 211, SLH 2011
- HRS Section 103D-310 – Amended by Act 190, SLH 2011
- HRS Section 103D-407 – Amended by Act 022, SLH 2011
HRS Section 103D-101 Requirement of good faith
(Amended by Act 207; effective 7/6/10)
- Changes title to requirements of ethical public procurement. Requires public employees, and actual or prospective bidders, offerors, contractors, businesses or other interested parties, when participating in public procurements,to do so in an ethical manner; and provides for specific ethical standards.
- Note that Hawaii Administrative Rules (HAR) chapter 3-131 on compliance currently provides parallel provisions for ‘procurement code of ethics’ for procurement personnel and private sector entities doing business with the government.
- See Procurement Circular 2010-02.
HRS Section 103D-102 Application of this chapter
(Amended by Act 082 Section 2; effective 7/1/10)
- Amends section (c) by temporarily authorizing the University of Hawaii(UH) or the Board of Regents (BOR) limited exemption from the procurement code. Severs the State Procurement Office oversight duties and responsibilities, including corrective actions to ensure a consistent and fair procurement system for all affected parties.
- The provision of HRS §103D-102(b)(3), on application of the code “To procure goods, services,or construction from a governmental body….” is applicable when the goods, services, or construction is available directly from the UH. However, agencies are advised that contracts entered into with the UH, during the effective period of the Act, may not be appropriate when the UH procures the goods or services from non-government sources, as this arrangement may be viewed as circumventing the code.
- SPO price and vendor list contracts, conducted in accordance with the code and using cooperative agreements provisions, will not be available to the UH during the effective period of the Act.
- This act is repealed on 7/1/12.
- See Procurement Circular 2010-02.
HRS Section 103D-309 Contract not binding unless funds available
(Amended by Act 140; effective 7/1/10)
- Applies to highway construction affecting relocation of utilities (HRS §264-33) involving state or county funds, including funds from a utility company. Adds a new subsection applicable to Department of Transportation (DOT) highway construction work limited to HRS §264-33, relocation of utility facilities. The DOT or county may certify sufficient funds for the utility (i.e. electric or water services) portion of the contract price, as provided in the agreement (i.e. MOA or MOU) between all affected parties that includes parties share and terms of payment, allows progress payments or final payment, and late payment costs. for highway construction affecting relocation of utilities (HRS §264-33) involving state or county funds, including funds from a utility company.
- See Procurement Circular 2010-02.
HRS Section 103D-102 Application of this chapter
(Amended by Act 175 SLH 2009, Part I, Section 1)
- Adds an exemption for GSA Sole Source vendors under certain conditions.
- See Procurement Circular 2009-09 – Guidance on Procurement Exemptions for Federal General Services Administration Sole Source Vendor.
HRS Section 103D-104.5 Agricultural Products subject to this chapter
(Amended by Act 175, SLH 2009 Part II, Section 3)
- Fresh meats, animals and plants are subject to the chapter and may not be exempt.
- See Procurement Circular 2009-08 – Guidance on Procurement of Fresh Meats and Produce, and Animals and Plants.
HRS 103D-305 Small Purchase
(Amended by Act 175 SLH 2009, Part I, Section 2)
- Temporarily increases small purchase thresholds for goods and services and construction. Requires performance bonds for construction awards of $25,000 or more. This section of Act 175 is repealed 7/1/12.
- See Procurement Circular 2009-14 – Small Purchases Procurements and Performance Bonds for Construction (to Chief Procurement Officers (CPOs).
- See Procurement Circular 2009-15 – Small Purchases Procurements and Performance Bonds for Construction (to Executive Branch Agencies).
HRS 103D-412 Light-duty motor vehicle requirements
(Amended by Act 156 SLH 2009 Part III, Section 6)
- Sets policy and priority for procuring new light duty vehicles that reduce dependance on petroleum-based fuels.
HRS Section 103D-709 Administrative proceedings for review
(Amended by Act 175, SLH 2009, Part III, Section 9)
- Amends procedures for administrative review for protest decisions. Requires protestor to submit a protest bond as part of the request for administrative review.
- See Procurement Circular 2009-16 – Procurement Protests and Disputes.
HRS Section 103D-710 Judicial review
(Amended by Act 175, SLH 2009, Part III, Section 10)
- Amends time allotted for hearings officer for to transmit administrative hearings records after a request for judicial review has been filed. Requires response to request for judicial review be issued within 30 days of filing.
- See Procurement Circular 2009-16 – Procurement Protests and Disputes.
HRS Section 103D-1001 Definitions
(Amended by Act 175, SLH 2009, Part III, Section 5)
- Adds definition of Hawaii input; amends definition of Hawaii product.
- See Procurement Circular 2009-13 Guidance on Hawaii Products Preference.
HRS Section 103D-1002 Hawaii Products
(Amended by Act 175, SLH 2009, Part III, Section 6)
- Amends procedures and classes.
- See Procurement Circular 2009-13 Guidance on Hawaii Products Preference.
HRS Section 103D-1002.5 Failure to adequately verify, deliver, or supply Hawaii products
(Amended by Act 175, SLH 2009, Part III, Section 10)
- Adds a new section of procedures should non-compliance with HRS Section 103D-1002 occur.
Health and Human Services
HRS Section 103F-402 Competitive Purchases of Services
(Amended by Act 71; effective 4/29/10)
- Establishes limits on the REP from health and human services providers for QUEST contracts that shall not exceed $100,000,000 if the commencement date of the contract is after the expiration of the purchasing agency director’s term of office. Limited to QUEST contracts issued by the Department of Human Services.
- See Procurement Circular 2010-02.
HRS Chapter 103F New Section – Proposals and Awards
(Amended by Act 69; effective 4/29/10)
- Clarifies request for proposal (RFP) procedures for contracts pursuant to HRS Chapter 103F, Purchases of Health and Human Services. Requires offerors to be licensed providers for the health and human services being solicited. Proposals shall include all costs, fees, and taxes, including any insurance premium taxes or general excise taxes. Prohibits awards or contracts to include any other payment, rebate, or direct or indirect consideration not included in the proposal. Additional guidance will be provided by Procurement Circular.
- See Procurement Circular 2010-02.
- Check the Procurement Circular page; further guidance is forthcoming.