Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 140 - DEFINITIONS › Section 3-140-101 - Definitions

Current through June, 2024
As used in chapters 3-140 to 3-149:
"Administrator" means the administrator of the state
					 procurement office.
"Advantageous" means the determination by the State of how
					 well its best interests will be served.
"Agency" means any department, authority, commission,
					 council, board, committee, institution, legislative body, agency, or other
					 establishment or office of the executive, legislative, or judicial branch of
					 the state, and includes the office of Hawaiian affairs.
"Applicant" means an organization or individual that
					 responds to a request for proposals or solicitation for statements of
					 qualifications by submitting either a proposal or statement of
					 qualifications.
"Capability" means the ability of a provider to provide
					 the health and human services required by a purchasing agency. "Chief
					 procurement officer" means those officials designated by section
					 103D-203,
					 HRS.
"Contract" means all types of agreements, regardless of
					 what they may be called.
"Contract amendment" means any written alteration of scope
					 of services, time of delivery, payment terms, amount of payment, or other
					 provisions of any contract accomplished by mutual action of the parties to the
					 contract.
"Cost or pricing data" means all facts as of the date of
					 price agreement that prudent buyers and sellers would reasonably expect to
					 affect price negotiations significantly. Cost or pricing data are factual, not
					 judgmental, and are therefore verifiable. While they do not indicate the
					 accuracy of a prospective provider's judgement about future costs or
					 projections, they do include the data forming the basis for that judgement.
					 Cost or pricing data are more than historical accounting data; they are all
					 facts that can reasonably be expected to contribute to the soundness of
					 estimates of future costs and to the validity of determinations of costs
					 already incurred.
"Departmental coordinator" means any person
designated by the head of the purchasing agency
to be the lead
					 in coordinating activities or processes on behalf of the
purchasing
					 agency
related to purchases of health and human services.
"Designee" means a person to whom a head of a purchasing
					 agency or a chief procurement officer delegates all or a portion of his or her
					 power and authority under chapters
					 103D and
					 103F, HRS, or other applicable body
					 of law.
"Health and human services" means services to communities,
					 families, or individuals which are intended to maintain or improve health or
					 social well-being through methods including, but not limited to:
(a) Assessment, treatment, diagnosis, prevention, and
					 education services provided directly to a target clientele; or
(b) Insurance coverage for assessment, treatment,
					 diagnosis, prevention, and education services to be provided to a target
					 clientele.
"Practicable" means what may be accomplished or put into
					 practical application.
"Procurement officer" means any person with delegated
					 authority from the head of a purchasing agency, the chief procurement officer,
					 or a designee of either, to enter into and administer contracts, and to make
					 written determinations with respect thereto.
"Protestor" or "protesting applicant" means any party who
					 is aggrieved in connection with the award of a contract under section
					 103F-402,
					 or
					 103F-403,
					 HRS, and who files a protest in accordance with the procedures established in
					 chapter 3-148.
"Provider" means an organization or individual contracted
					 by an agency to provide health or human services on its behalf.
"Public funds" means funds from any combination of
					 federal, state, and local government sources.
"Purchase of service" means an award of public funds to a
					 provider by
an agency
under a contract for health and human
					 services pursuant to chapter
					 103F, HRS.
"Purchasing agency" means an agency authorized to provide,
					 or responsible for providing, or entering into contracts to provide health or
					 human services to the public.
"Quotation" means a statement of amount, terms, and
					 description of services, by a prospective provider, usually for small
					 purchases.
"Request for proposals" means all documents, whether
					 attached or incorporated by reference, soliciting providers to submit a
					 detailed plan to provide health or human services to the public, on behalf of a
					 state agency.
"Responsible provider" means an applicant that has the
					 capability in all respects to perform fully the contract requirements.
"Responsive provider" means an applicant that has
					 submitted a proposal or statement of qualifications that conforms in all
					 material respects to a purchasing agency's request for proposals or
					 solicitation for statements of qualifications.
"Scope of service" means any description of the health and
					 human services required by a purchasing agency, which may include the estimated
					 number of persons to be served, activities, outcomes being sought, target
					 group, and geographic area in which the services are to be provided.
"Treatment" means services to individuals and families by
					 health or social work professionals which attempt to alleviate physical or
					 mental illness or behavioral problems, including but not limited to, medical
					 treatment, counseling, physical, occupational and other therapeutic services,
					 and referral and case management services for medical treatment, counseling,
					 and other therapeutic services.
"Unit of service" means a measurable unit of service
					 activity, productivity, or performance as determined by the purchasing agency,
					 including but not limited to:
(a) A unit of time, such as an hour of counseling, or a
					 residential day;
(b) The completion of prescribed procedure, such as a
					 client evaluation; or
(c) Any other measurable unit of service. "Unit rate" means
					 the monetary rate charged per unit of service.