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What statutes, rules, procedures, etc. do I need to know when conducting solicitations for small purchase request for quotes on HePS?

Statutory and administrative reference for HePS



  • Act 283 SLH 2006 amended HRS section 103D-305, Small Purchase
    Raised the threshold of small purchase request for quotes from less than $25,000 to less than $50,000 provided that all purchases from $25,000 to less than $50,000 are conducted through an electronic procurement system.
  • HAR Section 3-122, Subchapter 8, Small Purchases
    How small purchases procurements are to be conducted.
  • HAR Section 3-122-78 (section on electronic procurement for small purchses and indicates:
    Small purchase request for quotation procurements between $25,000 and less than $50,000 shall be made through an e-procurement system effective 7/1/07.
    Sole source and emergency procurements pursuant to HRS sections 103D-306 and 103D-307 are not included.
    The chief procurement officer may determine any goods, services and or constructuction less than $25,000 to be procured through an e-procurement system.
  • Procurement Circular 2006-07 Amendment 1  Small Purchases and the Hawaii Electronic Procurement System,
    Provides guidelines for small purchase requests for quotes and states that for the executive branch, all procurements between $15,000 and $50,000 shall be procured through HePS. it also states that compliance documents shall be obtained for puurchases from $15,000.
  • Procurement Circular 2005-04, Amendment 3 Hawaii Compliance Express  (see also 2005-04, and 2005-04 amendments 1 and 2)
  • Act 142, SLH 2007 amended HRS section 103D-106, Penalties
    Administrative fines were added.
  • HAR Chapter 3-131, Compliance was amended effective 4/14/08 to comply with the requirements of Act 142, SLH 2007.
    The applicability of the chapter was amended to include govermental employees and offerors; a procurement code of ethics is added, the section onpenalies was added to add administrative fines.
    The section on parceling should also be reviewed by buyers conducting small purchase request for quotes.
  • HRS 103D-310  Responsibility of offerors
    Compliance documentation that is required prior to award.
  • HRS Section 103-53  Contracts with the state or counties; tax clearances, assignments.
    This section requires tax clearance prior to final payments. It apllies to all contracts/agreements.
    (Note that compliancy in Hawaii Compliance Express meets this requirement. See Procurement Circulars 2005-04, Amendment 3  and 2006-07 Amendment 1 (listed above))
  • HRS Section 103D-328 Tax clearances; setoff for due and unpaid taxes.
    This section is similar to HRS 103-53 and applies to procurements pursuant to Chapter 103D and states no contract shall be in effect until the state receives state and federal tax clearances and also requires tax clearances prior to final payment.
    (Note that compliancy in Hawaii Compliance Express meets this requirement. See Procurement Circulars 2005-04, Amendment 3  and 2006-07 Amendment 1 (listed above))
  • HRS Section 103-55  Wages, hours, and working conditions of employees of contractors performing services. 
    Before a vendor enters into a service contract in excess of $25,000, the provider shall certify that it complies with this section; there are some exceptions. 
  • HRS Section 11-205.5, Campaign contributions by state and county contractors.
    Campaign contributions are prohibited from specified State or county government contractors during the term of the contract if the contractors are paid with funds appropriated by a legislative body
  • HRS Section 103D-412  Energy-efficient vehicles.
    If you are buying a vehicle, you need to be familiar with the requirements for buying energy efficient vehicles.See Energy Efficiency Guidelines for State
  • Note: All statues, administrative rules, procurement circulars, etc. regarding procurement and small purchase request for quotes still apply when utilizing HePS. 
  • Energy Efficiency Guidelines for State (DBEDT Website)
    Includes energy efficiency requirements when purchasing a vehicle.  Vehicle Purchase Guidelines, Energy Efficient Vehicles Listing for curent and past year.
    Also includes Administrative directives for energy efficiency, guidlelines for energy efficient buildings, energy performance contracting, etc.
  • Related
  • HRS 489E is the Uniform Electronic Transactions Act. 
  • See DCCA Procurement Decisions (resulting from protests)
    Note: PCH 2003-018 and PCH 2004-007 address pre-bid conferences and responsiveness to a solicitation.
last modified 06-12-2008 06:58
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E-mail: SPO
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07/25/2008 10:26 (HST)
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