§103D-305  Small purchases; prohibitionagainst parceling.  [Repeal and reenactment on July 1, 2012.  L 2009, c175, §14(1).]  (a)  Procurements of less than $100,000 for goods orservices, or $250,000 for construction shall be made in accordance with proceduresset forth in rules adopted by the policy board that are designed to ensureadministrative simplicity and as much competition as is practicable; providedthat multiple expenditures shall not be created at the inception of atransaction or project so as to evade the requirements of this chapter; andprovided further that procurement requirements shall not be artificiallydivided or parceled so as to constitute a small purchase under this section.

(b)  Procurements of greater than $50,000 forconstruction under subsection (a) shall require security by a performance bonddelivered to the purchasing agency that is:

(1)  In a form prescribed by the rules of the policyboard;

(2)  Executed by a surety company authorized to dobusiness in this State; and

(3)  In an amount equal to one hundred per cent of theprice specified in the contract,

or shall otherwise be secured by a performance bondin a manner satisfactory to the purchasing agency.

(c)  Procurements of $25,000 to less than$100,000 shall be made in accordance with small purchase procedures; providedthat small purchase procurements through an electronic system shall be requiredafter the policy board has adopted rules for electronic procurement andprovided training to the affected agency. [L Sp 1993, c 8, pt of §2; am L 1994,c 186, §10; am L 1995, c 178, §11; am L 1997, c 352, §8; am L 2006, c 283, §2;am L 2009, c 175, §2]

 

Note

 

  The L 2006, c 283, §2 amendment to this section took effecton October 9, 2006 by the adoption of §§3-122-73 to 3-122-78, HawaiiAdministrative Rules, as required by L 2006, c 283, §4.