What statutes and regulations shall vendors be in compliance with prior to award?
All vendors doing business with the State are required to comply with all applicable statutes, administrative rules and procedures.
For instance, businesses must register with the Department of Commerce and Consumer Affairs (DCCA), Business Registration Division (BREG). There are exceptions: sole proprietorships, charitable organizations, unincorporated associations and foreign insurance companies. (Foreign insurance companies must register with the Insurance Division of DCCA.) For more information see the DCCA BREG website.
While applicable statutes will vary with the types of goods, services or construction, vendors doing business with the State must comply with the following Hawaii statutes, including but not limited to:
- HRS Chapter 84, Standards of Conduct
- HRS Section 103-53, Contracts with the State or counties; tax clearances, assignments
- HRS Section 103-55, Wages, hours, and working conditions of employees of contractors performing services.
- HRS Section 103-55.5, Wages and hours of employees on public works construction contracts.
- HRS Chapter 103D, Hawaii Procurement Code (for goods, services and construction)
- HRS Chapter 103F, Purchases of Health and Human Services (for health and human services)
- HRS Section 11-205.5, Campaign contributions by state and county contractors
- HRS Chapter 237, General Excise Tax
- HRS Chapter 383, Unemployment Insurance (Hawaii Employment Security Law)
- HRS Chapter 386, Workers’ Compensation Law
- HRS Chapter 392, Temporary Disability Insurance
- HRS Chapter 393, Prepaid Healthcare Act
Vendors are generally required to provide the following compliance documents:
- Certificate of Good Standing (COGS) from the Department of Commerce and Consumer Affairs Business Registration Division
- Tax clearances (federal and state),
- Compliance with HRS Chapters 383, 386, 392 and 393 from the Department of Labor and Industrial Relations (Approved Form LIR#27).
See also What are compliance documents?
Vendors may also be required to complete forms testifying they are in compliance with various statutes such as HRS section 103-55.