Haw. Code R. § 3-124-5

Current through April, 2024
Section 3-124-5 - Evaluation procedure and contract award
(a) In any expenditure of public funds resulting from a contract award, a purchasing agency shall purchase any required product from the Hawaii products list where the registered Hawaii product is available, provided the product meets the specifications and the selling price f.o.b. jobsite, unloaded, including applicable general excise tax and use tax and does not exceed the lowest delivered price in Hawaii f.o.b. jobsite, unloaded, including applicable general excise tax and use tax, of a similar non-Hawaii product by more than three per cent, where class I registered Hawaii products are involved, or five per cent where class II registered Hawaii products are involved, or ten per cent where class III registered Hawaii products are involved.
(b) For evaluation purposes, no preference shall be considered when only registered Hawaii products are offered.
(c) Where offers include both registered Hawaii products and non-Hawaii products, for the purpose of determining the lowest evaluated offer, the offer for the Hawaii product shall be decreased by its applicable three per cent, five per cent, or ten per cent classification preference
(d) The contract amount shall be the amount of the price offered, exclusive of any preference.
(e) Should more than one preference allowed by statute apply, the evaluated price shall be based on application of applicable preferences in the order specified below. The preferences (1) through (7) in this subsection shall be applied to the original prices. The sum of the preferences, where applicable, shall be added to the original price, except that preferences (1) and (4) shall be subtracted from the Hawaii products or recycled products price.
(1) Hawaii products list, pursuant to section 103D-1002, HRS;
(2) Tax adjustment for tax exempt offerors, pursuant to section 103D-1008, HRS;
(3) Preferred use of Hawaii software development businesses, pursuant to section 103D-1006, HRS ;
(4) Recycled products, pursuant to section 103D-1005, HRS;
(5) Reciprocal preference, pursuant to section 103D-1004, HRS;
(6.) Printing, binding, and stationery work within the State, pursuant to section 103D-1003, HRS;
(7) Preference for persons with disabilities, pursuant to section 103D-1009, HRS.
(f) Should the price comparison for bids submitted pursuant to section 103D-302, HRS, after taking into consideration all applicable preferences, result in identical total prices, award shall be made to the offeror offering a registered Hawaii product in preference to a non-Hawaii product.
(g) For proposals submitted pursuant to section 103D-303, HRS, and after taking into consideration all applicable preferences, the procurement officer shall award the contract pursuant to section 3-122-57.

Haw. Code R. § 3-124-5

[Eff 12/15/95; am and comp 11/17/97; am and comp 11/25/02; am and comp MAY 20 2004 ] (Auth: HRS § 103D-202) (Imp: HRS § 103D-1002)