§103D-1004  Reciprocity.  (a)  To ensure fair and open competition for Hawaii businesses engaged in contracting with other states, the chief procurement officer may impose a reciprocal preference against bidders from those states which apply preferences.  The amount of the reciprocal preference shall be equal to the amount by which the non-resident preference exceeds any preference applied by this State.

     In determining whether a bidder qualifies as a resident bidder, the definition used by the other state in applying a preference shall apply.

     (b)  The policy board shall adopt rules to implement this section.

     (c)  This section shall not apply to any transaction if the provisions of the section conflict with any federal laws. [L 1994, c 186, pt of §1; am L 1997, c 352, §23]