HRS §103D-405
Rules for writing fair and open contract specifications
This section tells the State how to write contract specifications so that many businesses can compete. It says to use performance goals and standard products, not overly detailed designs. It also stops contractors who help write the specs from bidding on that same job.
contractorsstate agencies
The statute, as written — Maximum practicable competition
(a) All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the State's needs, and shall not be unduly restrictive. (b) Specifications, to the extent practicable, shall emphasize functional or performance criteria while limiting design or other detailed physical descriptions to those necessary to meet the needs of the State. (c) The State shall procure standard commercial products whenever practicable. In developing specifications, accepted commercial standards shall be used and unique requirements shall be avoided, to the extent practicable. (d) Outside contractors may be utilized to prepare specifications and work statements in the development of a solicitation. Contractors paid for those services shall be precluded from bidding on or receiving a contract when they participated in any way in the development of the solicitation package or any resulting contract. [L Sp 1993, c 8, pt of §2]
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.