reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 1 - PURPOSE AND SCOPE › Section 3-144-102 - Scope

Current through June, 2024
(a) The restrictive purchase of service
					 method of procurement may be used when:
(1)
					 The head of a purchasing agency makes a written determination that there is a
					 basis, as provided in section 3-144-302, for restricting the purchase to a
					 purchase from one provider;
(2) The
					 chief procurement officer approves the restrictive purchase determination in
					 writing; and
(3) The term of the
					 proposed contract does not exceed two years, or, upon a written finding of good
					 cause by the chief procurement officer, three years.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-144-201 - Procedure for requesting restrictive purchase of services

Current through June, 2024
(a) To initiate a restrictive purchase of
					 services procurement, the head of the purchasing agency shall submit a written
					 request for restrictive purchase of service to the chief procurement officer
					 together with a notice of restrictive purchase in accordance with subchapter
					 3.
(b) The administrator may
					 prescribe the format for the request and notice.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-144-203 - Posting of notice of restrictive purchase

Current through June, 2024
Upon receipt of the request by the chief procurement
						officer, the notice of restrictive purchase shall be posted on a central
						website for a minimum of seven days before any approval action is taken. A copy
						of the request shall be made available for public inspection and shall be
						posted with the notice.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-144-203.1 - Review of request by chief procurement officer

Current through June, 2024
(a) After
					 the notice has been posted for seven days, the chief procurement officer shall
					 review the request. If approved, no action to award the contract shall take
					 place until two days after the protest submittal deadline, in accordance with
					 section 3-144-204. The status of the request shall be posted to the website
					 where the request and notice are posted.
(b) Disapproval of request. If the chief
					 procurement officer finds that the request fails to comply with the
					 requirements of section
					 103F-403,
					 HRS, or this chapter, then the request shall be disapproved. Upon disapproval,
					 the chief procurement officer shall return the request and notice to the
					 purchasing agency together with a written explanation for the
					 disapproval.
(c) Resubmission after
					 disapproval. When the chief procurement officer disapproves a request, the
					 purchasing agency may attempt to address the disapproval and resubmit the
					 request and notice. Alternately, the purchasing agency may cancel the intended
					 purchase altogether, or pursue another more appropriate method of
					 procurement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-144-204 - Protest of restrictive purchase

Current through June, 2024
Protests to a restrictive purchase shall be made under
						the procedures established under chapter 3-148. The deadline for protests shall
						be the seventh day after the notice is first posted. Submission of the notice
						of protest shall be in accordance with section
						3-148-301. All documents relating
						to the protest, including a written summary of the disposition of the protest,
						shall be maintained with the restrictive purchase of service file and included
						in the contract data base by the purchasing agency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-144-205 - Negotiation of contract

Current through June, 2024
After the deadline for protests has passed and either no
						protest was filed or any protest that was filed was resolved in the purchasing
						agency's favor, the purchasing agency may conduct negotiations as to any
						contract details that were not disclosed in the notice of restrictive purchase
						or in the request for restrictive purchase. Details that were disclosed in
						either the notice or the request should not be significantly changed in the
						negotiation of the contract for the restrictive purchase of
						services.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-144-206 - Amendment to a restrictive purchase of service

Current through June, 2024
(a) The
					 chief procurement officer may, for good cause, approve an amendment to a
					 restrictive purchase of service. Circumstances for approval of an amendment
					 include, but are not limited to:
(1) Changing
					 the scope of the contract to enlarge or enhance the contracted service due to
					 unforeseeable circumstances and which continues to meet the conditions in
					 section 3-144-302; and
(2)
					 Extending the contract up to six months provided the service will not be needed
					 thereafter.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 3 - CONTENT REQUIREMENTS › Section 3-144-301 - Contents of request

Current through June, 2024
A request for restrictive purchase of services shall be
						made in writing, and shall include all of the following:
(1) The determination by the head of the
					 purchasing agency that an adequate basis for a restrictive purchase of services
					 exists;
(2) A brief description of
					 the circumstances that justify the restrictive purchase;
(3) A brief description of the health and
					 human services required, and the maximum amount of funds budgeted for the
					 purchase of the services;
(4) The
					 proposed contract period;
(5) The
					 provider that the purchasing agency proposes to provide the required services
					 and any other material information the purchasing agency deems advisable to
					 include; and
(6) A certification by
					 the head of the purchasing agency that the information provided in the request
					 is true and correct.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 3 - CONTENT REQUIREMENTS › Section 3-144-302 - Basis for restrictive purchase

Current through June, 2024
(a) An adequate
					 basis for a restrictive purchase of service exists when the head of a
					 purchasing agency determines that circumstances constituting good cause for the
					 purchase exist, including but not limited to any of the following:
(1) Only one provider can provide the
					 services needed in a particular geographic area;
(2) Only one provider can provide services
					 with a unique cultural approach designed for a limited target group;
					 or
(3) Only one provider satisfies
					 limitations imposed by the source of funds for the procurement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 3 - CONTENT REQUIREMENTS › Section 3-144-303 - Contents of notice

Current through June, 2024
The notice of restrictive purchase shall include all of
						the following:
(1) A statement that
					 the purchasing agency intends to make a restrictive purchase of health and
					 human services without issuing a request for proposals;
(2) The nature of services to be provided,
					 the name of the provider to be issued the contract, the maximum dollar amount
					 of the contract, and any other material information the purchasing agency deems
					 advisable to include;
(3) The
					 proposed date on which the contract is to be awarded;
(4) A statement indicating that any person
					 may file written protests under the procedures established under chapter 3-148
					 to the issuance of the proposed contract;
(5) The name and address of the procurement
					 officer for the procurement and the head of the purchasing agency with whom the
					 protests are to be filed;
(6) A
					 statement that all protests must be filed within seven days from the date the
					 notice is first posted; and
(7) The
					 name, phone number and e-mail address of a contact person to whom questions
					 regarding the request may be addressed.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 3 - CONTENT REQUIREMENTS › Section 3-144-304 - Contents of request for amendment

Current through June, 2024
The request for amendment shall include:
(1) The service title and log number of the
					 original restrictive purchase;
(2)
					 The name of the provider;
(3) A
					 brief description of the circumstances justifying an amendment to the
					 restrictive purchase of service; and
(4) The proposed changes to the terms of the
					 contract to be amended.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-144-601 - Requests for information for restrictive purchase of service

Current through June, 2024
(a) A purchasing agency may at any time
					 prepare a request for information to facilitate the purchasing agency's
					 planning and to determine the appropriateness of making a restrictive purchase
					 of services. Requests for information shall be conducted in accordance with
					 section 3-602-202.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-144-602 - Restrictive purchase of service record of procurement actions

Current through June, 2024
(a) The procurement officer of the purchasing
					 agency shall maintain records by fiscal year of all restrictive purchase of
					 service procurements made for a minimum of the past five fiscal
					 years.
(b) Reporting of restrictive
					 purchase procurements. As determined by the administrator, the heads of
					 purchasing agencies shall make reports to the administrator of all restrictive
					 purchase of service procurements made by their respective agencies [for the
					 immediately preceding fiscal year]. The report shall be made in the format
					 prescribed by the administrator.
(c) Annual consolidated report. The
					 administrator shall make a consolidated report of all restrictive purchase of
					 service procurements made during the immediately preceding fiscal year. A copy
					 of this report shall also be sent to the procurement policy board.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 1 - PURPOSE AND SCOPE › Section 3-145-101 - Purpose

Current through June, 2024
The purpose of this chapter is to implement section
						103F-404,
						HRS, which establishes the treatment purchase of service method of procurement,
						by providing rules and procedures for the use of this method of
						procurement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 1 - PURPOSE AND SCOPE › Section 3-145-102 - Scope

Current through June, 2024
(a) The treatment purchase of service method
					 of procurement may be used to procure treatment services when:
(1) The proposed contract for treatment
					 service is for consideration of $100,000 or less;
(2) The proposed contract for treatment
					 services is for a term of one year or less; and
(3) Either or both of the following
					 circumstances is applicable:
(A) The need for
					 the treatment services in the proposed contract may arise from time to time,
					 but the need cannot be anticipated accurately on an annual or biennial basis;
					 or
(B) Delaying treatment until a
					 competitive purchase of services could be conducted would render the problem
					 worse than at the time of diagnosis or assessment.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-145-201 - Planning requirements

Current through June, 2024
(a) Before the
					 beginning of each fiscal year, each purchasing agency shall determine the types
					 of treatment services that it may need to procure under the provisions of this
					 chapter.
(b) Treatment services
					 required. Based on determinations made, purchasing agencies shall prepare a
					 list of treatment services that may be required, the type or types of
					 professionals that can provide the required services, and the minimum
					 qualifying credentials required for each type of professional. The list shall
					 be submitted in a form provided by the administrator by a date and time set by
					 the administrator.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-145-202 - Public notice of solicitation for statements of qualifications

Current through June, 2024
(a) Based on the lists submitted under
					 section 3-145-201, the administrator shall publish a public notice of
					 solicitation for statements of qualifications before the beginning of each
					 fiscal year and more often as necessary in accordance with this
					 section.
(b) Purpose of public
					 notice. Public notice of solicitation for statements of qualifications shall be
					 made to encourage competition among providers so that the state obtains the
					 most advantageous contracts for treatment services that the market can
					 support.
(c) Contents of public
					 notice. The public notice of solicitation for statements of qualifications
					 shall be in accordance with section 3-141-407.
(d) Solicitations made at other times of the
					 year. In addition to the annual notice required under this section, the
					 administrator may solicit for treatment services whenever necessary or
					 advisable. Such notice shall be given in accordance with the requirements of
					 this section.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-145-203 - Submission and receipt of statements of qualifications

Current through June, 2024
(a)
					 Statements of qualifications shall be submitted to the administrator no later
					 than the submittal deadline. Statements of qualifications may be submitted by
					 hand-delivery or United States mail. Statements of qualifications submitted by
					 hand-delivery shall be deemed to have been received when actually delivered,
					 and statements of qualifications submitted and received by United States mail
					 shall be deemed to have been received on the date they are post-marked rather
					 than the date they are actually received.
(b) Procedure for receiving documents.
					 Statements of qualifications, modifications to statements, and withdrawals of
					 statements shall be received according to the procedure in this subsection:
(1) Upon receipt at a designated location,
					 statements of qualifications, modifications to statements, and withdrawals of
					 statements shall be date-stamped and, when possible, time-stamped.
(2) All documents so received shall be
					 collected by the administrator, to be held in a secure place for evaluation
					 after the submittal deadline.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-145-204 - Evaluation of statements of qualifications and preparation of list of qualified providers

Current through June, 2024
(a) After the
					 submittal deadline, all statements of qualifications, modifications, and
					 withdrawals shall be reviewed, and a list of qualified providers shall be
					 prepared in accordance with this section.
(b) Appointment of committee. The
					 administrator shall form an evaluation committee consisting of a minimum of
					 three state employees with sufficient education and training, or credentials to
					 evaluate the statements of qualifications. Non-state employees may serve as
					 advisors to the evaluation committee in the evaluation of statements of
					 qualifications but may not represent or act on behalf of the administrator in
					 the preparation of a list of qualified providers. A copy of the document
					 identifying the evaluation committee members and any subsequent changes thereto
					 shall be placed in the procurement file.
(c) Preparation of evaluators. If the
					 administrator deems it necessary or advisable, the evaluators may meet with
					 other state agency personnel in advance of the formal evaluation process in
					 order to discuss any issue relevant to the evaluation or the
					 solicitation.
(d) Procedure for
					 evaluation. The evaluation committee shall review and evaluate the submissions
					 and other pertinent information, including references and reports. The
					 evaluation of the statements of qualifications shall be based solely upon the
					 minimum qualifying credentials as stated in the solicitation. Based on the
					 minimum qualifying credentials, the applicants shall be rated "qualified" or
					 "unqualified".
(e) Forbidden
					 criteria for evaluation. Evaluations shall not be based on race, religion,
					 color, national origin, sex, age, marital status, pregnancy, parenthood, mental
					 or physical disability, political affiliation of the applicant, or any other
					 criterion prohibited by applicable federal, state, or county law, unless such
					 criterion is permitted by law.
(f)
					 Preparation of list of qualified providers. After all of the statements of
					 qualifications have been evaluated, a list shall be prepared of all providers
					 that receive a rating of "qualified,"
(g) Distribution of list of qualified
					 providers. The administrator shall distribute copies of any list of qualified
					 providers prepared under this section to the heads of the purchasing agencies.
					 In addition, a copy of any such list shall be made available for public
					 inspection at the state procurement office and the state procurement office
					 website.
(h) Notice to applicants.
					 After any list of qualified providers has been prepared under this section, the
					 administrator shall promptly notify all applicants of their ratings under the
					 evaluation process.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-145-205 - Procedure for procurement of treatment services

Current through June, 2024
(a) When the
					 need to purchase treatment services arises, the head of a purchasing agency
					 shall, when applicable, contact a minimum of three providers from the
					 appropriate list of qualified providers and select the provider that is most
					 advantageous based on the following criteria:
(1) Demonstrated competence for the type of
					 treatment service required;
(2)
					 Qualification for the type of service required;
(3) Fairness and reasonability of price, or
					 other applicable cost factor; and
(4) Any additional criteria that the
					 purchasing agency deems relevant to the selection.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 3 - CONTENT REQUIREMENT › Section 3-145-301 - Contents of statements of qualifications

Current through June, 2024
(a) Every statement
					 of qualifications shall, at a minimum, include the following information:
(1) The name of the applicant, the
					 applicant's principal place of business, and any branch offices;
(2) The number of years the applicant has
					 been established in business and its average number of employees over the past
					 three years, as applicable;
(3) The
					 education, training, and qualifications of key members of the
					 applicant;
(4) The names and phone
					 numbers of up to five referral sources who may be contacted, including at least
					 two for whom services were rendered during the preceding year, as applicable;
					 and
(5) Any additional information,
					 reports or descriptive materials on organizational and service capability
					 deemed by the applicant to be necessary or advisable for the evaluation
					 process.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 5 - EXPEDITING PROCEDURES › Section 3-145-501 - Use of electronic submission for treatment purchase of service

Current through June, 2024
(a) Statements of qualifications and
					 amendments may not be submitted to the administrator by electronic means,
					 including telefacsimiles, except when such transmission is expressly authorized
					 in the public notice for statements of qualifications.
(b) Applicant bears responsibility for
					 transmission. Applicants who submit statements of qualifications or amendments
					 by electronic means bear the whole and exclusive responsibility for assuring
					 that the documents are received by the purchasing agency and for assuring the
					 complete, correctly formatted, legible, and timely transmission of their
					 documents to the administrator. By opting to submit documents by electronic
					 means, applicants assume all risk that the administrator's telefacsimile
					 receiver, computer system, or network may be inoperative or otherwise
					 unavailable at the time transmission is attempted.
(c) Time of receipt. A statement of
					 qualifications or amendment submitted via telefacsimile transmission shall be
					 deemed received when the last page of a complete, legible copy of the document
					 has been received by the administrator. The administrator may establish other
					 electronic systems and submission requirements to receive submittals.
(d) Requirement of a complete original. A
					 statement of qualifications or amendment transmitted by electronic means shall
					 be considered valid only if the complete original signed statement of
					 qualifications is received by the administrator, and is post-marked or
					 hand-delivered by the second working day after the electronic
					 transmission.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-145-601 - Modification or withdrawal of statements of qualifications before submittal deadline

Current through June, 2024
Before the submittal deadline, applicants may freely and
						at any time modify or withdraw their statements of qualifications by written
						notice to the administrator, referencing the original statement of
						qualifications and either detailing the modification, or stating the intent to
						withdraw the statement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-145-602 - Late statements of qualifications rejected

Current through June, 2024
Any statement of qualifications, withdrawal, or
						modification submitted after the submittal deadline is late and shall be
						rejected on that basis. Written notice of the rejection for late submission
						shall be given to the applicant.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-145-603 - Disposition of rejected statements of qualifications

Current through June, 2024
Whenever a statement of qualifications is rejected under
						sections 3-145-602,
						3-141-201, or
						3-141-202, the administrator may
						return the rejected statement of qualifications with the written notice to the
						applicant, or discard it thirty days after its rejection. Before disposal, the
						applicant may retrieve the rejected statement of
						qualifications.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-145-604 - Register of statements of qualification

Current through June, 2024
A register of statements of qualifications shall be
						prepared and made available to the public within ten working days after the
						submittal deadline, or a reasonable time. The register shall include the
						following information from each statement of qualifications:
(1) The name of each applicant; and
(2) The types of services for which the
					 applicant is attemptina to qualify.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-145-605 - Updating of statements of qualifications

Current through June, 2024
(a) After an
					 applicant has been included on the list of qualified providers under section
					 3-145-204, the applicant may amend its statement of qualifications whenever the
					 applicant deems it necessary or appropriate.
(b) Duty to update upon inquiry. If a
					 purchasing agency contacts a provider from a list of qualified providers in
					 connection with the purchase of treatment services, that provider shall have a
					 duty to update its statement of qualifications as to any material changes in
					 the information in the statement.
(c) Material change defined. For purposes of
					 this section, a material change to a statement of qualifications is one that a
					 reasonable procurement officer would want to be informed of before deciding to
					 award a contract, regardless of whether the materially changed information
					 would actually alter the officer's decision to award or not award the
					 contract.
(d) Failure to update. If
					 at any time a purchasing agency discovers that a provider has failed to update
					 information as required under this section, then the award of any contract by
					 the purchasing agency to the provider may be revoked, and any contract with the
					 provider terminated.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-145-606 - Inadequate response to solicitation for statements of qualifications

Current through June, 2024
If no provider submits a statement of qualifications
						that meets the minimum standard for qualification, then the administrator may
						respond by taking any of the following actions after consulting with the
						purchasing agency that requested the services in question:
(1) Republish notice. The administrator may
					 republish the solicitation for statements of qualification.
(2) Alternate service delivery. The
					 purchasing agency may select an alternate method of service delivery and the
					 administrator may publish a new solicitation for statements of
					 qualification.
(3) Selection
					 without competition. The administrator may authorize the purchasing agency to
					 select a provider without further solicitation upon making a written
					 determination that it is neither practicable nor advantageous to publish a new
					 notice of solicitation for statements of qualifications based on a
					 consideration of the following factors:
(A)
					 Competition in the marketplace;
(B)
					 Whether the additional potential cost of preparing, soliciting, and evaluating
					 statements of qualifications is expected to exceed the benefits normally
					 associated with the solicitation; and
(C) Any other factors that the purchasing
					 agency deems relevant to this determination.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-145-607 - Public inspection of statements of qualifications

Current through June, 2024
(a)
					 The procurement file for every solicitation for statements of qualifications
					 shall be available for public inspection to the extent permitted by law
					 governing information practices.
(b) Keeping of procurement file and contents.
					 The administrator shall maintain procurement files for every solicitation for
					 statements of qualifications that he or she conducts. The procurement file
					 shall contain all records that the administrator keeps that are connected to
					 the solicitation for statements of qualifications. At a minimum, the records
					 kept in the procurement file shall include but not be limited to the following:
(1) The register of statements of
					 qualifications prepared pursuant to section 3-145-604;
(2) Names of qualified applicants;
(3) The minimum qualifying standard
					 established by the purchasing agencies;
(4) A copy of the notice of solicitation for
					 statements of qualifications; and
(5) A copy of the submitted statements of
					 qualifications.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 145 - TREATMENT PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-145-608 - Treatment purchase of service record of procurement actions

Current through June, 2024
(a) The heads of purchasing agencies or
					 procurement officers shall maintain records by fiscal year of all treatment
					 purchase of service contracts made by their respective agencies for a minimum
					 of the past five fiscal years.
(b)
					 Reports of treatment purchase procurements. The heads of purchasing agencies or
					 procurement officers shall make reports to the administrator of all treatment
					 purchase of service contracts made by their respective agencies at the time, in
					 the manner, and in the format prescribed by the administror.
(c) Annual consolidated report. The
					 administrator shall make an annual consolidate report of all treatment purchase
					 of service procurement made during the immediately preceding fiscal year. A c
					 of this report shall also be sent to the procurement, policy based.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 146 - SMALL PURCHASE OF SERVICE › Subchapter 1 - PURPOSE AND SCOPE › Section 3-146-101 - Purpose

Current through June, 2024
The purpose of this chapter is to implement section
						103F-405, HRS,
						which establishes the small purchase of service method of procurement, by
						providing rules and procedures for the use of this method of
						procurement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 146 - SMALL PURCHASE OF SERVICE › Subchapter 1 - PURPOSE AND SCOPE › Section 3-146-102 - Scope

Current through June, 2024
The small purchase of service method of procurement may
						be used to procure health and human services when the proposed contract for
						services is for consideration, of less than $25,000.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 146 - SMALL PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-146-201 - Adoption of HRS 103D rules for small purchases

Current through June, 2024
In accordance with section
						103F-405, HRS,
						the rules for small purchases under section
						103D-305,
						HRS, are hereby adopted as modified herein for the procurement of health and
						human services.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 146 - SMALL PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-146-202 - Definitions

Current through June, 2024
As used in this chapter, "adequate and reasonable
						competition" considers the numbers of providers solicited based upon the number
						of providers available and the value or price of the service. Because of
						variations in circumstances, it is not possible to define what is adequate and
						reasonable competition for every small procurement. However, in general, the
						more providers there are that can meet the needs of the purchasing agency, or
						the higher the price of the services, then a greater number of providers should
						be solicited.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 146 - SMALL PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-146-203 - Conditions for use

Current through June, 2024
(a) Expenditures
					 less than $25,000 for services shall be made in accordance with this chapter.
					 Small purchase of service expenditures made pursuant to this chapter does not
					 require public notice.
(b)
					 Parceling forbidden. Purchases shall not be parceled by dividing the purchase
					 of same, like, or related items of services into several purchases of smaller
					 quantities, so as to evade the statutory competitive purchase of service
					 requirements.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 146 - SMALL PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-146-204 - Services

Current through June, 2024
(a) Expenditure with an estimated total cost
					 that is at least $15,000 but less than $25,000:
(1) Insofar as it is practicable and based on
					 the purchasing agency's specifications, no less than three written quotations
					 shall be solicited; and
(2)
					 Considering all factors, including but not limited to quality and delivery,
					 award shall be made to the provider with the most advantageous
					 quotation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 146 - SMALL PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-146-601 - Procurement file

Current through June, 2024
All quotations received shall be recorded and placed in
						a procurement file, including a justification for the use of fewer quotations
						than are required, such as insufficient sources, emergency or urgent
						circumstances. The reason shall be recorded and placed in the procurement file.
						The file shall also include a written justification when award is made to other
						than the provider submitting the lowest quotation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 146 - SMALL PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-146-602 - Small purchase of service record of procurement actions

Current through June, 2024
(a) The heads of purchasing agencies or
					 procurement officers shall maintain records by fiscal year of all small
					 purchase of service procurements made by their respective agencies for a
					 minimum of the past five fiscal years. Such records shall be kept available for
					 public inspection.
(b) Reports of
					 small purchase procurements. As prescribed by the administrator, the heads of
					 purchasing agencies or procurement officers shall make reports to the
					 administrator of all small purchase of service procurements made by their
					 respective agencies.
(c) Annual
					 consolidated report. The administrator shall make a consolidated report of all
					 small purchase of service procurements made during the immediately preceding
					 fiscal year. A copy of this report shall also be sent to the procurement policy
					 board.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 147 - CRISIS PURCHASE OF SERVICE › Subchapter 1 - PURPOSE AND SCOPE › Section 3-147-101 - Purpose

Current through June, 2024
The purpose of this chapter is to implement section
						103F-406,
						HRS, which establishes the crisis purchase of service method of procurement, by
						providing rules and procedures for the use of this method of
						procurement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 147 - CRISIS PURCHASE OF SERVICE › Subchapter 1 - PURPOSE AND SCOPE › Section 3-147-102 - Scope

Current through June, 2024
(a) The crisis purchase of service method of
					 procurement may be used to procure health and human services when both of the
					 following conditions are met:
(1) The head of
					 the purchasing agency has prepared a written determination that a crisis
					 condition exists, as provided in section 3-147-201; and
(2) No other method of procurement could be
					 used to address the health and human service needs created by the
					 crisis.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 147 - CRISIS PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-147-201 - Determination of crisis condition

Current through June, 2024
(a) Before using
					 the crisis purchase of service method of procurement, the head of a purchasing
					 agency shall prepare a written determination that a crisis condition
					 exists.
(b) Crisis condition
					 defined. A crisis condition is a circumstance or situation in which both of the
					 following requirements are met:
(1) The life,
					 health, or safety of any person is seriously threatened by situations including
					 but not limited to the following:
(A)
					 Domestic violence;
(B) Physical or
					 mental illness;
(C) Physical or
					 mental injury;
(D)
					 Homelessness;
(E) Lack of food;
					 or
(F) Any other circumstance
					 justifying the immediate intervention by the purchasing agency; and
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 147 - CRISIS PURCHASE OF SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-147-202 - Requirement of competition as practicable

Current through June, 2024
(a) In order to
					 help insure that the state obtains the best contract possible to address the
					 crisis condition, such competition as is practicable under the circumstances
					 shall be obtained.
(b) Practicable
					 competition. Depending on the amount of time available, possible methods of
					 obtaining practicable competition include, but are not limited to:
(1) Using a list of providers compiled under
					 section 3-141-401 to solicit three, or as many as possible under the
					 circumstances, quotations for the required health and human services;
(2) Soliciting quotations from providers that
					 have demonstrated competence and reliability in their dealings with the
					 purchasing agency;
(3) Without
					 soliciting any quotations at all, contracting with the provider that, in the
					 purchasing agency's judgment, is best qualified to provide the required health
					 and human services; or
(4) Any
					 other method reasonably calculated to secure whatever level of competition is
					 practicable.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 147 - CRISIS PURCHASE OF SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-147-601 - Crisis purchase of service record of procurement actions

Current through June, 2024
(a) The heads of purchasing agencies or
					 procurement officers shall maintain records by fiscal year of all crisis
					 purchase of service procurements made by their respective agencies for a
					 minimum of the past five fiscal years.
(b) Reports of crisis purchase procurements.
					 As prescribed by the administrator, the heads of purchasing agencies or
					 procurement officers shall make reports to the administrator of all crisis
					 purchase of service procurements made by their respective agencies.
(c) Annual consolidated report. The
					 administrator shall make a consolidated report of all crisis purchase of
					 service procurements made during the immediately preceding fiscal year. A copy
					 of this report shall also be sent to the procurement policy board.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 1 - PURPOSE & SCOPE › Section 3-148-101 - Scope

Current through June, 2024
The provisions of this chapter shall apply to all
						protests and grievances arising in connection with the award of a contract
						issued through competitive or restrictive purchases of services under chapter
						103F, HRS and these
						rules.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 1 - PURPOSE & SCOPE › Section 3-148-102 - Purpose

Current through June, 2024
The purpose of this chapter is to implement sections
						103F-501 -
						103F-504,
						HRS, by establishing a fair and efficient procedure for resolving protests that
						simultaneously allows and encourages the settlement of protests by mutual
						agreement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 1 - PURPOSE & SCOPE › Section 3-148-103 - Allowable protests

Current through June, 2024
(a) Only awards of
					 contracts made under the competitive or restrictive purchase of service methods
					 of procurement may be protested. In connection with such awards, only the
					 following matters may be protested:
(1) A
					 purchasing agency's failure to follow procedures established by chapter
					 103F, HRS;
(2) A purchasing agency's failure to follow
					 these rules; and
(3) In the case of
					 a competitive purchase of service, a purchasing agency's failure to follow any
					 procedure, requirement, or evaluation criterion in a request for proposals
					 issued by the purchasing agency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 2 - INFORMAL RESOLUTION OF PROTESTS › Section 3-148-201 - Informal request for explanation

Current through June, 2024
(a) In order to
					 promote more efficient dispute resolution, any applicant may informally request
					 an explanation or justification for a purchasing agency's award of a contract
					 or apparent failure to follow the procedures established for the award of a
					 contract.
(b)
Response
					 by purchasing agencies
. Purchasing agencies may respond as
					 practicable to informal requests for explanations. The failure of a purchasing
					 agency to respond to an informal request shall not be grounds for a formal
					 protest or objection.
(c)
No extension of protest period
. An informal request
					 made under this section shall not extend the running of the protest period
					 established by section
					 103F-501, HRS,
					 and sections 3-148-301 and 3-148-401.
(d)
No expansion of rights and
					 remedies
. The sole purpose of this section is to provide a
					 mechanism for informal explanations to be requested by applicants and given by
					 purchasing agencies. This section shall not be construed to expand the scope of
					 the protest rights and remedies established by chapter
					 103F, HRS.