State Procurement Office

(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.

(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.

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

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

(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.

(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.

(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.

(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.

(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.

(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).

(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.

(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.

(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.

(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.

(Amended by Act 175, SLH 2009, Part III, Section 6)

• Amends procedures and classes.
• See Procurement Circular 2009-13 Guidance on Hawaii Products Preference.

(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.