Haw. Code R. § 3-122-9

Current through September, 2024
Section 3-122-9 - Use of facsimile machines, electronic mail, or electronic procurement systems
(a) Copies of documents transmitted by vendors via facsimile machine, electronic mail, or an electronic procurement system may include the notice of intent to offer; the offer with required documentation for evaluation purposes; and modifications or withdrawal of offers, pursuant to subsections (b) and (c).
(b) Notices of intent to submit an offer and modifications or withdrawal of an offer may be submitted by facsimile machine, electronic mail, or an electronic procurement system pursuant to sections 3-122-111 and 3-122-16.07, respectively.
(c) An offer transmitted via facsimile machine, electronic mail, or through an electronic procurement system shall be acceptable only when specifically allowed in the invitation for bids or request for proposals, provided:
(1) The facsimile or the electronically submitted offer is received at the designated office by the time and date set for receipt of offers; and
(2) The facsimile or the electronically submitted offer contains:
(A) The identification number of the invitation for bids or request for proposals;
(B) The item;
(C) The quantity;
(D) The price for the offer;
(E) All pages of the offer requiring an original signature;
(F) The bid bond, if required; and
(G) A signed statement that the offeror agrees to all the terms, conditions, and provisions of the invitation for bids or request for proposals.
(d) Unless otherwise specified in the solicitation, if the facsimile or electronically submitted offer is the lowest responsive bid, or is the proposal determined in writing to provide the best value to the State, the offeror must submit the complete original offer, with the original bid bond, if required, so that it is received within five working days from the notification of intent to award. If the offeror fails to comply with this requirement, the procurement officer has the option to reject the facsimile or electronically submitted offer.

Haw. Code R. § 3-122-9

[Eff 12/15/95; am and comp 11/17/97; am and comp MAR 21 2008] (Auth: HRS §§ 103D-202, 103D-302, 103D-303, 103D-310) (Imp: HRS §§ 103D-302, 103D-303, 103D-310)