(a) This section shall apply when a city executive agency engages in the procurement of fuel to power a city vehicle fleet or city facility.
(b) In such a procurement, the city executive agency shall not, without justification based upon quality or price, discriminate against biodiesel or renewable fuel. The city executive agency shall allow a person to submit a bid or offer to supply such biodiesel or renewable fuel as the fuel for the procurement if the agency determines that:
(1) The biodiesel or renewable fuel is usable by the city vehicle fleet or city facility, as applicable; and
(2) The biodiesel or renewable fuel will perform at least as efficiently and effectively as petroleum-based fuel that meets the specifications of the procurement.
The city executive agency shall issue specifications for the procurement that are consistent with this subsection.
The city executive agency shall not be required to award the contract to a person who submits a bid or offer to supply biodiesel or renewable fuel. Instead, the city executive agency shall select the winning bid or offer and award the fuel supply contract in accordance with HRS Chapter 103D and after consideration of relevant factors, including quality and price.
(c) This section shall not be construed as preventing the application of a preference in a procurement for biodiesel or renewable fuel.
(1990 Code, Ch. 2, Art. 34, § 2-34.2) (Added by Ord. 02-14)