reglab/housing_qa huggingface dataset:
HI Rev Stat § 103F-202 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-202 Community council.

  §103F-202 Community council. (a) There is established a community council on purchase of health and human services. The community council shall be comprised of no more than nine voting members, and one non-voting, ex-officio member of the interagency committee on purchase of health or human services designated by the majority of the members of the committee. There shall be a member from each county, except the county of Kalawao, and up to five members interested in health, human services, employment, or the provision of services to children and youth.  (b) Voting members shall be appointed by the governor and serve for four years. Each voting member shall serve until the member's successor is appointed. Section 26-34 shall apply insofar as it relates to the number of terms and consecutive number of years a member may serve on the council.  (c) Members shall serve without compensation, but shall be reimbursed for actual expenses, including travel expenses, necessary for the performance of their duties.  (d) The community council shall advise the administrator about or assist the administrator in:  (1) Market or business conditions facing providers;  (2) Securing input from providers to facilitate agency decision-making to assess needs, plan, budget, and purchase health and human services;  (3) Facilitating provider participation in the process used by state agencies to plan for and purchase health and human services;  (4) Establishing schedules for planning and purchasing health and human services in relation to the annual and biennial budget cycles;  (5) Developing criteria to evaluate proposals to provide health and human services, and for restrictive purchases under section 103F-403; and  (6) The needs of purchasing agencies and providers for education and training to improve planning for or purchasing of health and human services. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-203 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-203 Participation of providers.

  §103F-203 Participation of providers. (a) Prior to a state agency's release of a request for proposal under section 103F-402, at the request of the agency, a provider shall participate in the agency's development of a delivery plan for health and human services, including, as necessary:  (1) The sharing of information on community needs, best practices, and providers' resources;  (2) Evaluating efficiencies in delivering existing services and recommending strategies for eliminating gaps in service delivery; and  (3) Recommending cost-efficient and effective service alternatives.  (b) A state agency may include a provision in a contract awarded under this chapter a requirement that the provider participate in planning pursuant to subsection (a); provided that notice of this requirement shall be provided in the request for proposals; and provided further that participation in planning pursuant to subsection (a) shall not disqualify a provider from submitting responses to requests for proposals. [L 1997, c 190, pt of §2; am L 2012, c 4, §1]
HI Rev Stat § 103F-301 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-301 Powers and duties of the administrator.

  §103F-301 Powers and duties of the administrator. The administrator of the state procurement office shall carry out the following duties:  (1) Assist, advise, and guide state agencies in matters relating to planning and purchasing health and human services;  (2) Establish and maintain a central health and human services contracts database;  (3) Develop and administer a statewide orientation and training program for purchasing agency employees, provider organization employees, and all other interested parties on all matters relating to carrying out the purposes of this chapter;  (4) Develop, distribute, and maintain a health and human service procurement manual for all state procurement officials;  (5) Develop, distribute, and maintain a procurement guide for health and human service vendors wishing to do business with the State;  (6) Perform periodic review of the procurement practices of all governmental bodies which purchase health and human services;  (7) Contract for such services as may be necessary for the purposes of this chapter; and  (8) Establish and fill such positions as may be necessary to carry out the functions of this chapter, without regard to chapters 76 and 89. [L 1997, c 190, pt of §2; am L 2002, c 148, §10]
HI Rev Stat § 103F-302 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-302 Delegation of authority of the administrator of the state procurement office.

  §103F-302 Delegation of authority of the administrator of the state procurement office. Subject to rules adopted pursuant to this chapter, the administrator may delegate any authority or responsibility conferred by this chapter to a head or the heads of purchasing agencies. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-401 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-401 Methods of selection.

  §103F-401 Methods of selection. Unless otherwise provided by law, all contracts for purchases of health and human services shall be awarded by competitive purchase of services pursuant to section 103F-402, except as provided in:  (1) Section 103F-403 (Restrictive purchase of services);  (2) Section 103F-404 (Treatment purchase of services);  (3) Section 103F-405 (Small purchases); and  (4) Section 103F-406 (Crisis purchase of services). [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-401.5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-401.5 REPEALED.

  §103F-401.5 REPEALED. L 2017, c 34, §1.
HI Rev Stat § 103F-402 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-402 Competitive purchase of services.

  §103F-402 Competitive purchase of services. (a) State agencies to which the legislature has appropriated funds for the purchase of health and human services shall solicit proposals to provide health and human services by purchase of health and human services contracts, by publishing a notice requesting the submission of health and human service proposals; provided that a purchasing agency shall not solicit proposals for any medicaid managed care contract under this section if the anticipated contract sum exceeds $100,000,000 and the commencement date of the contract is after the expiration of the term of office of the head of the purchasing agency. Notice of the request for proposals shall be given a reasonable time before the date set forth in the request for submission of proposals. The policy board shall adopt rules which specify:  (1) The form of the notice;  (2) What constitutes a reasonable interim between notice and the proposal submission deadline; and  (3) How the notice is to be published, including whether the publication is to be completed in a newspaper of general circulation, by mail, through a public or private telecommunications network, or any other method or combination of methods which the board deems appropriate.  (b) The request shall state all criteria which will be used to evaluate proposals, and the relative importance of the proposal evaluation criteria.  (c) Any applicant who has a question regarding a request may submit the question to the head of the purchasing agency, or a designee, prior to the proposal submission deadline. The head of the purchasing agency, or a designee, shall provide a response in the form of a clarification, or an amendment of the request, that shall be made available to all those who picked up a request.  (d) Proposals shall be opened so as to avoid disclosure of contents to competing applicants during the process of proposal evaluation. A register of proposals shall be prepared and available for public inspection after proposal submission.  (e) If stated in the request, discussions, as provided by rule, may be held with applicants for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Applicants shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing applicants. [L 1997, c 190, pt of §2; am L 2010, c 71, §2; am L 2015, c 20, §2]
HI Rev Stat § 103F-403 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-403 Restrictive purchase of services.

  §103F-403 Restrictive purchase of services. (a) A contract for the purchase of health and human services may be awarded without competition when the head of a purchasing agency determines in writing that there is a basis for restricting the purchase to a purchase from one provider, and the chief procurement officer approves the restrictive purchase determination in writing. Bases for restrictive purchase of services shall include, but are not limited to:  (1) Need for a service in a geographic area available from only one provider;  (2) Need for a service with a unique cultural approach designed for a limited target group available from only one provider; and  (3) When only one provider satisfies limitations imposed by the source of funds for the procurement.  (b) A purchasing agency shall submit the written determination with evidence supporting the request for a restrictive purchase of services to the chief procurement officer. The determination shall be reviewed by the chief procurement officer and, if approved, a notice of intent to issue a restrictive purchase of services contract shall be posted in a manner that makes it accessible to the public.  (c) The policy board shall adopt rules to allow a reasonable opportunity for objections to be filed, including:  (1) The manner in which notice is to be posted;  (2) The duration of notice posting; and  (3) The contents of the notice including, but not limited to, the name of the provider to be issued the contract, the date on which the contract is to be awarded, a statement indicating that any person may file written objections to the issuance of the contract, the address of the person or agency with whom the objections are to be filed, and the date by which the objections are to be filed.  (d) The written determination, any objections, and a written summary of the disposition of any objection shall be included in the contract database. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-405 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-405 Small purchases.

  §103F-405 Small purchases. Purchases of health and human services of less than $25,000 are small purchases, and shall be made in accordance with section 103D-305 and rules adopted by the policy board to implement that section. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-406 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-406 Crisis purchase of services.

  §103F-406 Crisis purchase of services. (a) The head of a purchasing agency may contract to purchase health and human services essential to meet a crisis by means other than specified in this chapter if:  (1) The crisis results from domestic violence, physical or mental illness or injury, homelessness, lack of food, or such other reason, and seriously threatens life, the health, or the safety of any person; and  (2) The crisis generates an immediate and serious need for health or human services which cannot be met through services available from the departments of health or human services, or under other provisions of this chapter.  (b) The crisis purchase of services shall be made with such competition as is practicable under the circumstances and, where practicable, approval from the chief procurement officer shall be obtained prior to the purchase. A written determination of the need to make a crisis purchase, and the reasons for selecting the provider shall be included in the contract file. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-407 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-407 Amendment and cancellation of requests.

  §103F-407 Amendment and cancellation of requests. A request may be amended or canceled, or any or all proposals may be rejected in whole or in part, as specified in the request or in accordance with rules adopted by the policy board, when it is in the best interest of the state agency which issued the request to amend or cancel the request, or reject proposals in whole or in part. The reason for amending or canceling a request, or for rejecting proposals in whole or in part shall be set out in writing and included in the contract file, and made available to the public. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-408 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-408 Modification and termination of contracts.

  §103F-408 Modification and termination of contracts. (a) The policy board shall adopt rules specifying when a contract clause providing for adjustments in time of performance, scope of service, payment amount and terms, or other contract provisions as appropriate, by prior written consent of the parties, may be included in a contract to purchase health and human services.  (b) The policy board shall adopt rules requiring the inclusion of a contract clause providing for termination of the contract, either in whole or in part, for non-performance, reduction in funds available to pay the provider, or a change in the conditions upon which the need for the service was based. The purchasing agency shall be required to provide advance written notice to the provider organization with the reasons for the termination. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-409 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-409 Types of contracts.

  §103F-409 Types of contracts. (a) Any contract that will promote the State's best interests may be used.  (b) A standard contract form for health and human services, including purchases and grants, shall be provided to governmental bodies by the attorney general that may be utilized, at the option of the head of the purchasing agency, without requiring prior approval as to form by the attorney general so long as no substantive changes are made to the form and the contents are appropriate.  (c) Each contract shall expressly state that the recipient or provider is an independent contractor and provide that the recipient or provider shall indemnify and hold harmless the State, the appropriate contracting agency, and the appropriate officers, employees, and agents from and against all claims, damages, and costs arising out of or in connection with the acts or omissions of the recipient or provider. [L 1997, c 190, pt of §2; am L 2014, c 96, §15]
HI Rev Stat § 103F-410 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-410 Multi-term contracts.

  §103F-410 Multi-term contracts. A contract for health and human services may be for any period of time and for multiple terms if the head of a purchasing agency deems it to be in the best interest of the purchasing agency to enter into an extended term or multi-term contract, provided the possibility of an extended term or multi-term contract is included in the request for proposals, if applicable, funds are available for the first fiscal period of the initial term of the contract when the contract is executed, and the contract expressly provides that extension or renewal is subject to the availability and appropriation of funds. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-411 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-411 Multiple awards

  §103F-411 Multiple awards. Most contracts for the competitive purchase of health and human services will be through the award of multiple contracts, and the policy board shall adopt rules prescribing the manner in which multiple contracts are to be awarded. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-412 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-412 Time line.

  §103F-412 Time line. At least once annually, the administrator shall give public notice, as provided by rules, of the types of health and human services state agencies anticipate they will need so that providers may have advance notice of possible future opportunities to submit proposals. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-413 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-413 Interim measure for assuring continuation of services.

  §103F-413 Interim measure for assuring continuation of services. If funds are appropriated and available, the chief procurement officer, or a designee, may extend the term of a contract which has not terminated for up to six months after the termination date of the contract, to assure the provision of services to the public without disruption. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-414 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-414 Allotment.

  §103F-414 Allotment. Contracts to expend and appropriations for the purchase of health and human services shall be subject to the allotment system generally applicable to all appropriations made by the legislature. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-502 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-502 Right to request reconsideration.

  §103F-502 Right to request reconsideration. (a) A request for reconsideration of a decision of the head of the purchasing agency under section 103F-501 shall be submitted to the chief procurement officer not later than five working days after the receipt of the written decision, and shall contain a specific statement of the factual and legal grounds upon which reversal or modification is sought.  (b) A request for reconsideration may be made only to correct a purchasing agency's failure to comply with section 103F-402 or 103F-403, rules adopted to implement the sections, or a request for proposal, if applicable.  (c) The chief procurement officer may uphold the previous decision of the head of the purchasing agency or reopen the protest as deemed appropriate.  (d) A decision under subsection (c) shall be final and conclusive. [L 1997, c 190, pt of §2] Case Notes  As nothing in this chapter expressly precluded judicial review, it did not violate the separation of powers doctrine; judicial review was available in connection with chapter 103F by way of a declaratory action under §632-1. 127 H. 76, 276 P.3d 645 (2012).  Under the circumstances of the case, the decisions of the administrative officers of the department of education to reject the proposal of petitioner that responded to a request for proposals to provide health and human services under contracts pursuant to this chapter were subject to judicial review; § §103F-501 and 103F-504 and subsection (c) do not prohibit judicial review. 127 H. 263, 277 P.3d 988 (2012).
HI Rev Stat § 103F-503 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-503 Award of contract suspended during a protest.

  §103F-503 Award of contract suspended during a protest. In the event of a timely protest, or request for reconsideration, no further action to award the contract until the issue is resolved shall be taken, unless the chief procurement officer makes a written determination that the award of the contract without delay is necessary to protect the health, safety, or welfare of a person, as provided by rules. [L 1997, c 190, pt of §2]
HI Rev Stat § 103F-504 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|103F. Purchases of Health and Human Services|103F-504 Exclusivity of remedies.

  §103F-504 Exclusivity of remedies. The procedures and remedies provided for in this part, and the rules adopted by the policy board, shall be the exclusive means available for persons aggrieved in connection with the award of a contract to resolve their concerns. [L 1997, c 190, pt of §2] Case Notes  As nothing in this chapter expressly precluded judicial review, it did not violate the separation of powers doctrine; judicial review was available in connection with chapter 103F by way of a declaratory action under §632-1. 127 H. 76, 276 P.3d 645 (2012).  Under the circumstances of the case, the decisions of the administrative officers of the department of education to reject the proposal of petitioner that responded to a request for proposals to provide health and human services under contracts pursuant to this chapter were subject to judicial review; § §103F-501 and 103F-502(c) and this section do not prohibit judicial review. 127 H. 263, 277 P.3d 988 (2012).  Although §632-1 generally endorses declaratory relief in civil cases, it disallows such relief where a statute provides a special form of remedy for a specific type of case; where this chapter provided for a protest process under §103F-501 through this section, and this section limited the protestor to an administrative process as the "exclusive means" to resolve contract disputes, declaratory relief under §632-1 was unavailable because §632-1 specifically mandates that the statutory remedy provided in this chapter must be followed. 125 H. 200 (App.), 257 P.3d 213.