Haw. Code R. § 3-122-21

Current through April, 2024
Section 3-122-21 - Preparing a competitive sealed bid

The invitation for bids shall be used to initiate a competitive sealed bid procurement and shall include:

(1) Instructions and information to bidders concerning the bid submission requirements, including:
(A) The time and date set for receipt of bids;
(B) The address of the office to which bids are to be delivered or if bid submittal is required through an electronic procurement system;
(C) The maximum time for bid acceptance by the procurement officer issuing the bid; and
(D) Any other special information, such as any requirement of intention to bid, if required, or the time, date, and location of the pre-bid conference.

The bid opening shall be held at the time, date, and location of the receipt of bids;

(2) The purchase description or specifications, evaluation factors, delivery or performance schedule, and inspection and acceptance requirements as are not included in the purchase description;
(3) The contract terms and conditions, including but not limited to the following, as applicable:
(A) Requirements pursuant to section 103D-310(c), HRS;
(B) Warranty requirement;
(C) Bonding or other security requirements pursuant to subchapter 24;
(D) Contract extension provisions; and
(E) Statement that bid samples or descriptive literature should not be submitted unless expressly requested and that, regardless of any attempt by a bidder to condition the bid, unsolicited bid samples or descriptive literature which are submitted at the bidder's risk will not be examined or tested, and will not be deemed to vary any of the provisions of the invitation for bids;
(4) A bid form which shall include space for, but not limited to, the following:
(A) Bid price;
(B) Brand name and model number and packaging for goods; and
(C) Information on applicable preferences;
(5) With the exception of bid offers submitted through an electronic procurement system, a requirement that the bidder shall sign the bid form in ink and submit the bid form with the original signature included in the offer. Unless otherwise specified in the solicitation, if facsimile or other electronically transmitted bid offer is allowed, then the bidder shall submit the signed original offer in accordance with section 3-122-9(d);
(6) Documents by reference, provided that the invitation for bids specifies where the documents can be obtained;
(7) A statement that bidders shall designate those portions of their offer that contain trade secrets or other proprietary data that are to remain confidential, subject to section 3-122-30(c) and (d); and that the material designated as confidential shall be readily separable from the bid in order to facilitate public inspection of the nonconfidential portion of the bid;
(8) For construction projects, instructions to the bidder that the bidder shall include in its offer information on joint contractor or subcontractor pursuant to section 103D-302(b), HRS. Construction bids that do not comply with this requirement may be accepted pursuant to section 103D-302(b), HRS. The terms, requirements, and conditions of an invitation for bids, including the specifications appended or incorporated by reference therein, may be amended only by a written addendum issued by the procurement officer, pursuant to section 3-122-16.06.

Haw. Code R. § 3-122-21

[Eff 12/15/95; am and comp 11/17/97; am and comp MAR 21 2008] (Auth: HRS § 103D-202) (Imp: HRS §§ 103D-302, 103D-310)