Current through September, 2024
Section 3-124-3 - Qualification procedure(a) Any person desiring a preference pursuant tc this subchapter, must have the product(s) qualified and registered on the Hawaii products list. The responsibility for qualification shall rest upon the person desiring the preference. The product(s) shall be found qualified and on the Hawaii products list before a preference may be granted. Persons desiring to qualify their product(s) shall complete an application according to instructions and file with the administrator. Financial information submitted to the administrator pursuant to these rules for the purpose of determining classification of a product shall be treated as confidential when a person has made a written request for confidentiality. In accordance with chapter 92F, HRS, the administrator shall properly safeguard such information and shall not make it available to the public.(b) A single application may be submitted for more than one product; however, separate data sheets shall be submitted for each product for which registration is requested. Further, it is necessary that each product be specified clearly and not by broad category of product.(c) Cost data for each product shall reflect the product's actual total production cost for the most recent full accounting period. If a product has not been in production during the full accounting period, approval may be granted based on cost data representing that shorter period.(d) If upon completion of the review, the administrator finds that a product has qualified as a Hawaii product, the administrator shall so notify the applicant in writing, list the product on the Hawaii products list as a registered Hawaii product, and notify the chief procurement officers and heads of purchasing agencies or designees of the decision. Applicants whose products do not qualify for the Hawaii products list shall be notified in writing of the decision and the reasons therefor. Any applicant whose product was determined not to qualify for registration on the Hawaii products list or who contests the classification may resubmit their application within thirty days addressing the reasons therefore. The administrator shall respond to the applicant within thirty days.(e) Should the administrator receive a protest " challenging the validity of the classification of a Hawaii product, the administrator may request an audit of the information provided should the need arise to determine if the proper classification of the product is as defined under Hawaii product in section 103D-1002, HRS. A request for audit shall be sent to the person having requested registration of the product on the Hawaii products list, and the person shall bear the cost of the audit. The administrator may also request any additional information determined necessary in order to determine proper classification. The administrator shall approve or reject the classification for each Hawaii product and advise the applicant or contractor within thirty days after receipt of information.(f) Application, renewal, and other forms required shall be provided by the administrator. [Eff 12/15/95; comp 11/17/97; am and comp 11/25/02; comp MAY 20 2004 ] (Auth: HRS § 103D-202) (Imp: HRS §§ 92F-14, 103D-1002)