§103D-0104

§103D-104  Definitions.  As usedin this chapter, unless the context clearly requires otherwise:

"Business" means any corporation,partnership, individual, sole proprietorship, joint stock company, jointventure, or any other private legal entity.

"Change order" means a written ordersigned by the procurement officer, directing the contractor to make changeswhich the changes clause of the contract authorizes the procurement officer toorder without the consent of the contractor.

"Construction" means the process ofbuilding, altering, repairing, improving, or demolishing any public structureor building, or other public improvements of any kind to any public realproperty.  The term includes the routine operation, routine repair, or routinemaintenance of existing structures, buildings, or real property.

"Contract" means all types ofagreements, regardless of what they may be called, for the procurement ordisposal of goods or services, or for construction.

"Contract modification" means anywritten alteration in specifications, delivery point, rate of delivery, periodof performance, price, quantity, or other provisions of any contractaccomplished by mutual action of the parties to the contract.

"Contractor" means any person havinga contract with a governmental body.

"Cost-reimbursement contract" means acontract under which a contractor is reimbursed for costs which are allowableand allocable in accordance with the contract terms and the provisions of thischapter, and a fee, if any.

"Data" means recorded information,regardless of form or characteristic.

"Employee" means an individualdrawing a salary from a governmental body, whether elected or not, and anynoncompensated individual performing services for any governmental body.

"Established catalogue price" meansthe price included in a catalogue, price list, schedule, or other form that:

(1)  Is regularly maintained by a manufacturer orcontractor;

(2)  Is either published or otherwise available forinspection by customers; and

(3)  States prices at which sales are currently orwere last made to a significant number of any category of buyers or buyersconstituting the general buying public for the goods or services involved.

"Goods" means all property, includingbut not limited to equipment, equipment leases, materials, supplies, printing,insurance, and processes, including computer systems and software, excludingland or a permanent interest in land, leases of real property, and officerentals.

"Governmental body" means anydepartment, commission, council, board, bureau, authority, committee,institution, legislative body, agency, government corporation, or otherestablishment or office of the executive, legislative, or judicial branch ofthe State, including the office of Hawaiian affairs, and the several countiesof the State.

"Grant" means the furnishing ofassistance, whether financial or otherwise, to any person to support a programauthorized by law.  The term does not include an award whose primary purpose isto procure an end product, whether in the form of goods, services, orconstruction; a contract resulting from such an award is not a grant but aprocurement contract.

"Invitation for bids" means alldocuments, whether attached or incorporated by reference, utilized forsoliciting bids.

"Policy board" means the procurementpolicy board created in section 103D-201.

"Procurement" means buying,purchasing, renting, leasing, or otherwise acquiring any good, service, orconstruction.  The term also includes all functions that pertain to theobtaining of any good, service, or construction, including description ofrequirements, selection and solicitation of sources, preparation and award ofcontracts, and all phases of contract administration.

"Procurement card" means a chargecard, with predetermined limitations, used by government agencies in place ofcash or purchase orders for the purchase of goods, services, or construction.

"Procurement officer" means anyperson authorized to enter into and administer contracts and make written determinationswith respect thereto.  The term also includes an authorized representativeacting within the limits of authority.

"Professional services" means thoseservices within the scope of the practice of architecture, landscapearchitecture, professional engineering, land surveying, real propertyappraisal, law, medicine, accounting, dentistry, public finance bondunderwriting, public finance bond investment banking, or any other practicedefined as professional by the laws of this State or the professional andscientific occupation series contained in the United States Office of PersonnelManagement's Qualifications Standards Handbook.

"Purchase description" means thewords used in a solicitation to describe the goods, services, or constructionto be purchased, and includes specifications attached to, or made a part of,the solicitation.

"Purchasing agency" means anygovernmental body which is authorized by this chapter or its implementing rulesand procedures, or by way of delegation, to enter into contracts for theprocurement of goods, services, or construction.

"Request for proposals" means alldocuments, whether attached or incorporated by reference, utilized forsoliciting proposals.

"Responsible bidder or offeror" meansa person who has the capability in all respects to perform fully the contractrequirements, and the integrity and reliability which will assure good faithperformance.

"Responsive bidder" means a personwho has submitted a bid which conforms in all material respects to the invitationfor bids.

"Services" means the furnishing oflabor, time, or effort by a contractor, not involving the delivery of aspecific end product other than reports which are merely incidental to therequired performance.

"Specifications" means any descriptionof the physical or functional characteristics, or of the nature of a good,service, or construction item.  The term includes descriptions of anyrequirement for inspecting, testing, or preparing a good, service, orconstruction item for delivery.

"Using agency" means any governmentalbody which utilizes any goods, services, or construction procured under thischapter. [L Sp 1993, c 8, pt of §2; am L 1994, c 186, §7; am L 1996, c 71, §1;am L 1997, c 352, §23; am L 2003, c 51, §1]

Note

  Definition of "state resident" for purposes offederal construction employment preferences.  L 2000, c 286, §§1, 2.

Case Notes

  Bidder's submission of two bids in a sealed competitivebidding process that permitted submission of only one bid was a materialdeviation from the bid solicitation special conditions and nonresponsive; bidthus properly rejected.  89 H. 443, 974 P.2d 1033.

  Where contractor was required to use a licensed plumbingsubcontractor for the project and it was undisputed that contractor did not namein its bid a person or firm to be engaged by it as a plumbing subcontractor forthe project, contractor's bid was nonresponsive.  101 H. 68 (App.), 62 P.3d631.

  Where the record amply indicated that contractor had thecapability "in all respects to perform fully the contract requirements,and the integrity and reliability which will assure good faithperformance", it was therefore a "responsible bidder" within themeaning of §103D-302(h) and this section.  101 H. 68 (App.), 62 P.3d 631.