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



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



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



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



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



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



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



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



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



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



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



(1)Ā  Is regularly maintained by a manufacturer or
contractor;



(2)Ā  Is either published or otherwise available for
inspection by customers; and



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



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



"Governmental body" means any
department, commission, council, board, bureau, authority, committee,
institution, legislative body, agency, government corporation, or other
establishment or office of the executive, legislative, or judicial branch of
the State, including the office of Hawaiian affairs, and the several counties
of the State.



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



"Invitation for bids" means all
documents, whether attached or incorporated by reference, utilized for
soliciting bids.



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



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



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



"Procurement officer" means any
person authorized to enter into and administer contracts and make written determinations
with respect thereto.Ā  The term also includes an authorized representative
acting within the limits of authority.



"Professional services" means those
services within the scope of the practice of architecture, landscape
architecture, professional engineering, land surveying, real property
appraisal, law, medicine, accounting, dentistry, public finance bond
underwriting, public finance bond investment banking, or any other practice
defined as professional by the laws of this State or the professional and
scientific occupation series contained in the United States Office of Personnel
Management's Qualifications Standards Handbook.



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



"Purchasing agency" means any
governmental body which is authorized by this chapter or its implementing rules
and procedures, or by way of delegation, to enter into contracts for the
procurement of goods, services, or construction.



"Request for proposals" means all
documents, whether attached or incorporated by reference, utilized for
soliciting proposals.



"Responsible bidder or offeror" means
a person who has the capability in all respects to perform fully the contract
requirements, and the integrity and reliability which will assure good faith
performance.



"Responsive bidder" means a person
who has submitted a bid which conforms in all material respects to the invitation
for bids.



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



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



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



 



Note



 



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



 



Case Notes



 



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



Ā  Where contractor was required to use a licensed plumbing
subcontractor for the project and it was undisputed that contractor did not name
in its bid a person or firm to be engaged by it as a plumbing subcontractor for
the project, contractor's bid was nonresponsive.Ā  101 H. 68 (App.), 62 P.3d
631.



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