Hawaii
Hawaii's Public Procurement Code (HRS §103D-802) explicitly authorizes cooperative purchasing for 'goods, services, or construction' with public procurement units, external procurement units (out-of-state and federal), and nonprofit private procurement units. The framework is broadly construction-friendly, with one procedural requirement: prior written approval of the chief procurement officer is required before entering a cooperative purchasing agreement.
Hawaii Public Procurement Code — Cooperative Purchasing Authorized Haw. Rev. Stat. §103D-802
"A public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of goods, services, or construction with one or more public procurement units, external procurement units, or nonprofit private procurement units pursuant to rules adopted by the policy board and an agreement entered into between the participants. The cooperative purchasing may include, but shall not be limited to, joint or multi-party contracts between public procurement units, and state public procurement unit requirements contracts which are made available to local public procurement units."
— Haw. Rev. Stat. §103D-802, Hawaii Public Procurement Code — Cooperative Purchasing Authorized
Plain-language summary
Hawaii's cooperative purchasing framework sits within Chapter 103D (the Hawaii Public Procurement Code), Part VIII (Governmental Relations and Cooperative Purchasing). HRS §103D-802 is the operative authority: a public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for 'goods, services, or construction' with one or more public procurement units, external procurement units, or nonprofit private procurement units. The explicit inclusion of 'construction' in this list places Hawaii alongside Alaska, Texas, Colorado, Kentucky, and South Carolina as states that directly authorize cooperative construction. HRS §103D-801 provides definitions: 'cooperative purchasing' means procurement conducted by a public or external procurement unit with one or more public procurement units, external procurement units, or nonprofit private procurement units; 'external procurement unit' means any buying organization not located in Hawaii that would qualify as a public procurement unit if located there, AND any agency of the United States is explicitly an external procurement unit; 'local public procurement unit' includes any county of the State or public agency of any county, public authority, educational, health, or other institution, and entities expending public funds for the procurement of 'goods, services, and construction.' Cooperative purchasing may include joint or multi-party contracts and state public procurement unit requirements contracts made available to local public procurement units. One procedural requirement is found in administrative rule: Hawaii Administrative Rule §3-128-2 requires prior written approval of the chief procurement officer before entering into a cooperative purchasing agreement, and cooperative purchasing must comply with the public notice requirements when the cooperative agreement involves an external procurement unit. Hawaii Procurement Code Chapter 103D applies broadly to 'goods, services, and construction' procurement (§103D-207), confirming the chapter's scope includes construction. Hawaii public works construction remains subject to applicable Hawaii construction-specific requirements including prevailing wage (Chapter 104), Chapter 103B residency preferences, and the requirements of Chapter 444 (contractor licensing).
Key requirements
- →HRS §103D-802 explicitly authorizes cooperative purchasing for 'goods, services, or construction' — construction directly named.
- →Cooperative purchasing may be conducted with public procurement units, external procurement units, or nonprofit private procurement units.
- →HRS §103D-801: 'external procurement unit' includes any buying organization not located in Hawaii that would qualify as a public procurement unit (if located in Hawaii), AND any agency of the United States.
- →Cooperative purchasing may include joint or multi-party contracts and state public procurement unit requirements contracts made available to local public procurement units.
- →HAR §3-128-2 (administrative rule): prior written approval of the chief procurement officer is required before entering a cooperative purchasing agreement.
- →Cooperative purchasing agreements involving external procurement units must comply with the public notice requirements of the chapter.
- →Cooperative purchasing agreements may be exempt from preferences under Part X of Chapter 103D.
- →Hawaii Procurement Code (Chapter 103D) applies broadly to 'goods, services, and construction' procurement (§103D-207).
- →Hawaii public construction is subject to Chapter 104 (prevailing wage), Chapter 103B (residency preferences for construction procurement), and Chapter 444 (contractor licensing).
Construction services
Hawaii is broadly construction-friendly for cooperative purchasing, joining Alaska and the construction-friendly mainland states. HRS §103D-802 explicitly names 'construction' as one of three procurement categories eligible for cooperative purchasing — placing Hawaii alongside Texas, Colorado, Kentucky, South Carolina, and Alaska in directly authorizing cooperative construction. The 'external procurement unit' definition is broadly drafted to include out-of-state buying organizations and U.S. agencies, making national cooperatives like OMNIA Partners and Region 14 ESC Texas clearly within the statutory framework. The procedural requirement under HAR §3-128-2 (chief procurement officer prior written approval) is meaningful but standard — a one-time approval for each cooperative purchasing agreement, not per transaction. Hawaii public agencies considering cooperative construction procurement have a clear statutory pathway, subject to compliance with Hawaii's separate construction-specific requirements: prevailing wage law (Chapter 104), residency preferences for construction procurement (Chapter 103B), and contractor licensing requirements (Chapter 444). Counsel should verify the specific cooperative contract structure satisfies §103D-802 and any applicable Hawaii public works requirements.
How Hawaii agencies access our contracts.
LNC holds multiple cooperative purchasing contracts through OMNIA Partners and Region 14 ESC Texas, all of which are available to public agencies in Hawaii under Haw. Rev. Stat. §103D-802.
Your agency can use our contracts to procure construction services through certified Affiliate Vendors. Every Affiliate proposal is audited and certified by LNC before reaching you.
Talk to LNC About Your Project →This summary is provided for general informational purposes only and is not legal advice. Hawaii's procurement code may have been amended since this content was prepared. Confirm the current text of Haw. Rev. Stat. §103D-802 and consult your jurisdiction's legal counsel before relying on this authority for a specific procurement.