Haw. Code R. § 3-124-35

Current through April, 2024
Section 3-124-35 - Evaluation procedure and contract award
(a) In any expenditure of public funds for software development where offers received contain both Hawaii and non-Hawaii software development businesses, for the purpose of selecting the lowest offer only, the offer by a non-Hawaii software development business shall be increased by ten per cent.
(b) Should more than one preference allowed by-statute apply, the evaluated price shall be based on application of applicable preferences in the order specified herein. 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; and
(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.
(c) The responsible and responsive offeror submitting the lowest evaluated offer(s) pursuant to section 103D-302, HRS, taking into consideration all applicable preferences shall be awarded the contract.
(d) The contract amount shall be the original price offered, exclusive of any preference.
(e) Should the price comparison for bids submitted pursuant to section 103D-302, HRS, after taking into consideration all applicable preferences, result in identical evaluated prices for Hawaii software development projects, the procurement officer shall award the contract resulting from an invitation for bids pursuant to section 3-122-34.
(f) 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. § 3-124-35

[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, 103D-1006) (Imp: HRS § 103D-1006)