Requirements of ethical public procurement
HRS §103D-101
in effect103D-101. Requirements of ethical public procurement
(a) All public employees shall conduct and participate in public procurement in an ethical manner. In conducting and participating in procurement, public employees shall:
(1) Act as a fiduciary and trustee of public moneys;
(2) Remain independent from any actual or prospective
bidder, offeror, contractor, or business;
(3) Act only in the public interest;
(4) Abide by the statutes and administrative rules
relating to public procurement;
(5) Identify and maximize efficiencies in the public
procurement process;
(6) Encourage economic competition by:
(A) Ensuring that all persons are afforded an
equal opportunity to compete in a fair and open environment; and
(B) Researching innovative goods and services
to meet the public's needs;
(7) Avoid the intent and appearance of unethical
behavior;
(8) Avoid social interactions with any actual or
prospective bidder, offeror, contractor, business, or other interested parties
during the procurement process;
(9) Maintain confidentiality in a manner that ensures
a fair procurement process;
(10) Remain impartial in dealings with any actual or
prospective bidder, offeror, contractor, business, or other interested parties;
and
(11) Identify and eliminate any conflicts of interest.
(b) Any actual or prospective bidder, offeror,
[contractor], or business taking part in the conduct of public procurement,
shall act in good faith to practice purchasing ethics, and when applicable,
display business integrity as a responsible offeror through the public
procurement process, including but not limited to the following:
(1) Avoiding the intent and appearance of unethical
behavior or business practices;
(2) Refraining from any activity that would create
the appearance of impropriety or conflicts of personal interest and the
interests of the State or counties;
(3) Identifying and eliminating any conflicts of
interest; and
(4) Ensuring that all persons are afforded an equal
opportunity to compete in a fair and open environment.
(c) All parties involved in the negotiation,
performance, or administration of state contracts shall act in good faith. [L
Sp 1993, c 8, pt of §2; am L 2010, c 207, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103D/HRS_0103D-0101.htmFetched: 11/10/2026