Current through September, 2024
Section 3-122-33 - Bid evaluation and award(a) The award shall be made to the lowest responsive, responsible bidder and shall be based on the criteria set forth in the invitation for bids.(b) Only objectively measurable criteria which are set forth in the invitation for bids shall be applied and may include but not be limited to: (2) Transportation costs; and(3) Total or life cycle costs.(c) Evaluation factors need not be precise predictors of actual future costs, but to the extent possible the evaluation factors shall: (1) Be reasonable estimates based upon information the government jurisdiction has available concerning future use; and(2) Treat all bids equitably.(d) The invitation for bids shall set forth any evaluation criterion to be used in determining product acceptability: (1) The solicitation may require the submission of samples, descriptive literature, technical data, or other material to verify product acceptability;(2) The solicitation may also provide for accomplishing any of the following prior to award: (A) Inspection or testing of a product for characteristics as quality or workmanship;(B) Examination of elements as appearance, finish, taste, or feel; or(C) Other examinations to determine whether the product conforms to any other purchase description requirements;(3) The acceptability evaluation is not conducted for the purpose of determining whether one bidder's item is superior to another but only to determine that a bidder's offer is acceptable as set forth in the invitation for bids;(5) Any bidder's offering which does not meet the acceptability requirements shall be rejected as nonresponsive.(e) The award shall be issued to the lowest responsive, responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids and posted pursuant to section 103D-701, HRS, for five working days.(f) In the event all bids exceed available funds, the provisions of section 103D-302(h), HRS, shall apply.[Eff 12/15/95; am and comp 11/17/97; am and comp MAR 21 2008] (Auth: HRS § 103D-202) (Imp: HRS § 103D-302)The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2024-01, January, eff. 1/5/2024 is not yet available.