Haw. Code R. § 3-122-112

Current through April, 2024
Section 3-122-112 - Responsibility of offerors
(a) The offeror, as proof of compliance with the requirements of section 103D-310(c), HRS, upon award of a contract made pursuant to section 103D-302, 103D-303, 103D-304, or 103D-306, HRS, shall provide:
(1) A tax clearance certificate from the department of taxation and the Internal Revenue Service, subject to section 103D-328, HRS, current within six months of issuance date;
(2) A certificate of compliance for chapters 383, 386, 392, and 393, HRS, from the department of labor and industrial relations, current within six months of issuance date; and
(3) A certificate of good standing from the business registration division of the department of commerce and consumer affairs, current within six months of issuance date.
(b) In lieu of the certificates referenced in subsection (a), offeror may make available proof of compliance through a state procurement office designated certification process.
(c) Except for any contract of less than $25,000 or any contract entered into pursuant to section 103D-307, HRS, all state and county procurement officers or agents shall withhold final payment of a contract made pursuant to section 103D-302, 103D-303, 103D-304, or 103D-306, HRS, until receipt of:
(1) A tax clearance certificate from the director of taxation and the Internal Revenue Service, subject to section 103D-328, HRS, current within two months of issuance date; and a certification from the contractor affirming that the contractor has, as applicable, remained in compliance with all laws as required by this section. A contractor making a false affirmation shall be suspended and may be debarred pursuant to section 103D-702, HRS; or
(2) Proof of compliance as provided in subsection (b).
(d) This section shall not apply to any contract to the extent it jeopardizes federal funding.

Haw. Code R. § 3-122-112

[Eff and comp MAR 21 2008] (Auth: HRS §§ 103D-202, 103D-310) (Imp: HRS § 103D-310)