reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 131 - COMPLIANCE › Section 3-131-1 - Definitions

Current through June, 2024
Definitions are in section
					 103D-104, HRS. The
					 following definitions are also applicable to terms used in this chapter:
"After-the-fact" means a request for approval, unless the
					 context requires otherwise, for a procurement made in violation of proper
					 procedures.
"Business integrity" means the practice of good business
					 responsibility such as business ethics, honesty, fidelity, and
					 trustworthiness.
"Parceling" means the artificial division or intentional
					 division of a purchase of same, like, or related items of goods, services, or
					 construction into several purchases of smaller quantities, in order to evade
					 the statutory competitive requirements.
"Purchasing ethics" means the principles to be respected
					 and applied, including the prohibition of any breach of the public trust by
					 realizing or attempting to realize improper gain for oneself or another through
					 conduct inconsistent with the requirements of this chapter.
"Reviewing officer" means the chief procurement officer,
					 the head of a purchasing agency, or a designee above the level of a procurement
					 officer, who has been delegated in writing by the chief procurement officer or
					 head of a purchasing agency, the authority and responsibility to review
					 procurement violations; provided the authority and responsibility to review
					 procurement violations of a chief procurement officer or designee shall be that
					 of the administrator and the authority and responsibility to review procurement
					 violations of the administrator shall be with the department of commerce and
					 consumer affairs, pursuant to section
					 103D-709,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 131 - COMPLIANCE › Section 3-131-1.02 - Procurement code of ethics

Current through June, 2024
(a) Public
				  employees shall act in good faith to discharge their duties to ensure the fair
				  and equitable treatment of all persons who deal with government procurement; to
				  foster public confidence in the integrity of the procurement process; and to
				  ensure the appropriate application of purchasing ethics. Any person employed by
				  a governmental body who, when engaging in procurement, shall be bound by this
				  code of ethics, including but not limited to the following:
(1) Avoid the intent and appearance of
				  unethical behavior or practices;
(2) Diligently follow the procurement laws,
				  rules, and procedures;
(3) Refrain
				  from any activity that would create a conflict between personal interests and
				  the interests of the State;
(4)
				  Identify and eliminate any conflicts of interest;
(5) Avoid soliciting or accepting money,
				  loans, credits, discounts, favors, or services from present or potential
				  suppliers which may influence or appear to influence purchasing decisions; and
				  (6) Ensure that all persons are afforded equal opportunity to compete in a fair
				  and open environment.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 131 - COMPLIANCE › Section 3-131-2 - Parceling

Current through June, 2024
(a) Procurements should be done through a
				  competitive process whenever possible. Since there is no definition of
				  artificial division or intentional division that could address every
				  circumstance, the procurement officer in deciding if a division is artificial
				  or intentional, shall consider the following:
(1) The higher the price of a group of
				  procurements, the more likely they should be consolidated.
(2) The more similar the good, service, or
				  construction, or the more likely it is to purchase a group of goods, services,
				  or construction from one type of vendor, the more likely it should be
				  consolidated.
(3) The more
				  foreseeable the procurement of similar goods, services, and construction is,
				  the more likely it should be consolidated.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 131 - COMPLIANCE › Section 3-131-3 - Procurement violations

Current through June, 2024
(a) The head of the
				  purchasing agency is responsible for the agency's compliance with the law.
				  Violations of chapter
				  103D, HRS, which are normally
				  inadvertent, and the result of administrative error, lack of knowledge, or
				  simple carelessness, may be avoided through the implementation of better
				  procedures, employee training, and progressive discipline.
(b) The procurement officer may prepare a
				  report of procurement violations for review by the reviewing officer. It may be
				  helpful to prepare and maintain procurement violation reports, first, to
				  pinpoint weaknesses in the State's procurement process, including the
				  procurement code itself, and to find ways to improve state procurement, and
				  second, to determine whether or not a violation has reached the level requiring
				  civil or criminal penalties.
(c)
				  Being responsible for the initial investigation of violations requires the head
				  of the purchasing agency to carefully examine the in-place procurement
				  procedures. Any improvements can best be achieved through the agency's own
				  initiative.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 131 - COMPLIANCE › Section 3-131-4 - Civil and criminal penalties

Current through June, 2024
(a) Certain
				  violations of chapter
				  103D, HRS, may be subject to civil
				  and criminal penalties as described in this section:
(1) Civil penalties. A person who contracts
				  for, or purchases goods, services, or construction, in a manner the person
				  knows to be contrary to the requirements of the procurement law is liable for
				  all costs and damages to the State arising out of the violation.
(2) Criminal penalties. A person who
				  intentionally or knowingly contracts for or purchases goods, services, or
				  construction, under a scheme or artifice to avoid the requirements of the
				  procurement law shall be guilty of a misdemeanor, and in addition to any
				  applicable criminal penalties, shall be subject to removal from office and
				  shall be liable to the State or the appropriate county for any sum paid by it
				  in connection with the violation, and that sum, together with interest and
				  costs, shall be recoverable by the State or county.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 131 - COMPLIANCE › Section 3-131-5 - Corrective action

Current through June, 2024
When a procurement violation has occurred, the head of the
					 purchasing agency shall determine whether any corrective action is necessary to
					 remedy the situation, or prevent its reoccurrence. Action may include training,
					 or a reduction of an employee's purchasing authority.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 131 - COMPLIANCE › Section 3-131-6 - Report of findings and corrective actions

Current through June, 2024
(a) The purchasing
				  agency shall consult with the chief procurement officer on all procurement
				  violations and provide a report of findings and corrective actions that shall
				  include, at a minimum:
(1) The facts and
				  circumstances leading to the need for the good or service, including the
				  explanation as to why established procedures were not followed;
(2) Whether there are any indications of
				  intent to deliberately evade established purchasing procedures;
(3) Any lack of procurement information or
				  training;
(4) Whether this is the
				  first occurrence; and
(5) Whether
				  appropriate written assurance and safeguards have been established to preclude
				  a subsequent unauthorized procurement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 131 - COMPLIANCE › Section 3-131-8 - Administrative fine

Current through June, 2024
(a) A chief procurement officer may assess an
				  administrative fine in the following amounts:
(1) An amount not to exceed $5,000 for each
				  violation involving a procurement which amount is in excess of the dollar
				  levels specified by section 103D- 305, HRS;
(2) An amount not to exceed $1,000 for each
				  violation involving a procurement which amount is less than the dollar levels
				  specified by section
				  103D-305,
				  HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 132 - VALUE ENGINEERING INCENTIVES IN CONSTRUCTION CONTRACTS › Section 3-132-1 - Definitions

Current through June, 2024
As used in these rules:
"Net savings" means those savings in project costs
					 realized by the State as the result of a value engineering change proposal
					 after deducting the contractor's share of the cost savings.
"Single contract" means the single construction for which
					 the cost savings is proposed.
"Value engineering" means an analysis of the requirements
					 for the systems, equipment, and supplies of the single contract for the purpose
					 of achieving a net savings by providing less costly items than those specified
					 without impairing any essential functions and characteristics as service life,
					 reliability, substitutability, economy of operations, ease of maintenance, and
					 necessary standing functions.
"Value engineering change proposal" means a cost reduction
					 proposal based on value engineering submitted by the contractor pursuant to
					 this chapter and particularly identified as such.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 132 - VALUE ENGINEERING INCENTIVES IN CONSTRUCTION CONTRACTS › Section 3-132-2 - Applicability

Current through June, 2024
(a) The provisions of this chapter shall
				  apply to all construction contracts in excess of $100,000. The application of
				  value engineering incentives to contracts shall not be construed to have an
				  effect on the solicitation or the selection of the contractor.
(b) The contractor may develop and submit
				  value engineering change proposals for drawings, designs, specifications, or
				  other requirements of the contract. If any proposal is accepted and approved,
				  in whole or in part, by the procurement officer, the contract shall be modified
				  and shall include an equitable adjustment of the contract price in accordance
				  with this chapter.
(c) This chapter
				  shall not apply to any cost reduction proposal that is not identified as a
				  value engineering change proposal by the contractor at the time of its
				  submission to the procurement officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 132 - VALUE ENGINEERING INCENTIVES IN CONSTRUCTION CONTRACTS › Section 3-132-3 - General provisions

Current through June, 2024
(a) The processing
				  of a value engineering change proposal shall be similar to that for any
				  proposed contract change order and shall be considered only after the
				  construction contract is awarded.
(b) Nothing herein shall be construed to mean
				  that the State must accept or approve any or all value engineering change
				  proposals submitted in accordance with this chapter. The procurement officer's
				  interpretation and findings relative to the impairment of the functions or
				  characteristics of the item or items covered by the value engineering change
				  proposal shall be final.
(c)
				  Adjustment in contract prices and allowances for implementation costs shall be
				  in accordance with this chapter and shall only be considered if and when the
				  value engineering change proposal is approved by the procurement officer. The
				  receipt of the value engineering change proposal by the State or a verbal
				  acceptance of a value engineering change proposal by any employee of the State
				  shall not obligate the State to accept the value engineering change
				  proposal.
(d) The procurement
				  officer may impose, as a condition of acceptance of any value engineering
				  change proposal, a requirement that the contractor warrant the statements,
				  claims, and other information contained in the value engineering change
				  proposal. In addition, the contractor's responsibility under any such warranty
				  shall be in addition to the liability imposed by the "guarantee of work"
				  requirement as included in the contract.
(e) The contractor shall be responsible for
				  the new design of the facility or a portion of the facility submitted as a
				  value engineering change proposal, including errors and omissions and, if the
				  value engineering change proposal is for a portion of the facility, for any
				  adverse impacts the new design may have on the unchanged portions of the
				  facility.
(f) Attached to this
				  chapter and made a part of this chapter is Exhibit A, titled "Value Engineering
				  Change Proposal", dated 10/14/97, with two attachments that may be used to
				  initiate a value engineering change proposal.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 132 - VALUE ENGINEERING INCENTIVES IN CONSTRUCTION CONTRACTS › Section 3-132-4 - Conditions for a value engineering change proposal

Current through June, 2024
(a) A value
				  engineering change proposal to a contract shall:
(1) Result in an estimated net savings to the
				  State in the project cost of at least four thousand dollars by providing less
				  costly items than or using different construction methods from those specified
				  in the contract without impairing any essential functions and characteristics
				  as service life, reliability, substitutability, economy of operation, ease of
				  maintenance, and necessary standardized features of the completed
				  work;
(2) Require, in order to be
				  applied to the contract, a change order to the contract; and
(3) Not adversely impact on the performance
				  schedule or the contract completion date.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 132 - VALUE ENGINEERING INCENTIVES IN CONSTRUCTION CONTRACTS › Section 3-132-5 - Preparation, evaluation, and acceptance of value engineering change proposal

Current through June, 2024
(a) The contractor shall submit with each
				  value engineering change proposal the information as required by this chapter
				  and provide all additional information as may be required by the procurement
				  officer to evaluate and implement the value engineering change proposal. The
				  cost for preparing the value engineering change proposal shall be the
				  contractor's responsibility, and will be part of the contractor's cost for
				  implementing the change, and compensation shall be made only when the proposal
				  is accepted by the State and the adjustment in contract price is made as
				  provided for in this chapter.
(b)
				  If the services of the State's architect, engineer, or consultant is necessary
				  to review and evaluate a value engineering change proposal, the cost therefor
				  shall be paid for by the contractor.
(c) The evaluation and acceptance of all
				  value engineering change proposals shall be in accordance with the requirements
				  as listed in this chapter.
(d) Each
				  value engineering change proposal shall be evaluated as applicable to the
				  particular project, and past acceptance on another State project for a similar
				  item shall not be automatic grounds for approval.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 132 - VALUE ENGINEERING INCENTIVES IN CONSTRUCTION CONTRACTS › Section 3-132-6 - Value engineering sharing method

Current through June, 2024
The method by which the contractor will share a portion of
					 the cost savings from an accepted value engineering change proposal shall be in
					 accordance with section
					 3-132-4 and the following:
(1) The contractor's share in cost savings
				  shall be for the single contract only, and no consideration shall be made for
				  future acquisition, royalty type payment, or collateral savings.
(2) The State may accept the proposed value
				  engineering change proposal, in whole or in part. The engineer shall issue a
				  contract change order or modify the contract to identify and describe the
				  accepted value engineering change proposal.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 1 - PURPOSE AND SCOPE › Section 3-141-101 - Purpose

Current through June, 2024
The purpose of these rules is to promote economy,
						efficiency, and effectiveness in the procurement of health and human services
						for the state, by:
(1) Simplifying,
					 clarifying, and modernizing the law governing procurement;
(2) Encouraging the continued development of
					 procurement policies and practices to accommodate changing needs and
					 circumstances;
(3) Making the
					 procurement laws and practices as consistent as practicable;
(4) Ensuring the fair and equitable treatment
					 of all providers who deal with the procurement system of the state;
(5) Providing increased economy in
					 procurement activities and maximizing to the fullest extent practicable the
					 purchasing value of public funds;
(6) Fostering effective, broad-based
					 competition within the free enterprise system;
(7) Providing safeguards for the maintenance
					 of a procurement system that has quality and integrity; and
(8) Increasing public confidence in the
					 procedures followed in public procurement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 1 - PURPOSE AND SCOPE › Section 3-141-102 - Scope

Current through June, 2024
The provisions of this chapter are of a general
						character, and shall apply to all procedures, matters, and issues arising in
						connection with chapter
						103F, HRS, or these
						rules.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 2 - GENERAL GROUNDS FOR REJECTION › Section 3-141-201 - Rejection for failure to cooperate or deal in good faith

Current through June, 2024
(a)
					 A purchasing agency may reject any proposal, statement of qualifications, or
					 quotation submitted to it if, in light of all the circumstances, the purchasing
					 agency deems that the applicant has failed to cooperate with the purchasing
					 agency, or to deal with the purchasing agency in good faith.
(b) Actions constituting a failure to
					 cooperate or deal in good faith. Actions constituting a failure to cooperate or
					 deal in good faith include but are not limited to:
(1) The knowing withholding, omission, or
					 misrepresentation of information that is material to an applicant's proposal;
					 or
(2) The refusal to provide any
					 information reasonably requested or required 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 141 - GENERAL PROVISIONS › Subchapter 2 - GENERAL GROUNDS FOR REJECTION › Section 3-141-202 - Rejection for inadequate accounting system

Current through June, 2024
(a) A
					 purchasing agency may reject any proposal or quotation submitted to it if, in
					 light of all the circumstances, the purchasing agency deems that the
					 applicant's accounting system is inadequate for keeping the procurement and
					 financial records required by the purchasing agency or the state procurement
					 office.
(b) Requirements for
					 accounting systems. The requirements for an adequate accounting system may
					 include, but are not limited to:
(1) The
					 ability to keep accurately all the procurement and financial records required
					 by law, the purchasing agency, or the state procurement office;
(2) The ability to permit timely development
					 of all necessary cost data in the form required by the specific contract type
					 contemplated;
(3) Compliance with
					 generally accepted accounting principles.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 3 - RECORD-KEEPING › Section 3-141-301 - Retention of procurement records

Current through June, 2024
All procurement records shall be retained and disposed
						of in accordance with chapter 94, HRS, and retention guidelines and schedules
						for records approved by the comptroller.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 3 - RECORD-KEEPING › Section 3-141-302 - Retention of books and records

Current through June, 2024
Any provider or sub-provider who receives a contract or
						contract amendment or modification for which programmatic, fiscal or
						expenditure data are required shall maintain appropriate programmatic and
						financial records for three years from the date of final payment under
						contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 3 - RECORD-KEEPING › Section 3-141-303 - Confidentiality

Current through June, 2024
Except as provided in chapter 3-143, procurement
						documents shall be available for public review in accordance with existing law
						governing information practices.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 4 - GENERAL OPERATING PROCEDURES › Section 3-141-401 - Lists of providers

Current through June, 2024
(a) In order to
					 facilitate the efficiency of the health and human services procurement system,
					 purchasing agencies may compile lists of providers that may be interested in
					 competing for various types of contracts.
(b) No right to notice given. Inclusion on
					 any list compiled under this section does not give a provider any right to
					 notice of requests for proposals or other solicitations by a purchasing agency.
					 Lists of providers are compiled solely for the convenience of purchasing
					 agencies, and shall not be construed to confer any right or privilege on any
					 provider included on such a list.
(c) Procedure for compilation. Lists of
					 providers may be compiled based on any procedure reasonably calculated to
					 include as many potential providers as practicable. Such procedures may include
					 but are not limited to listing the providers that currently hold contracts with
					 the purchasing agency, listing providers who have responded to the purchasing
					 agency's recent requests for proposals, or other solicitation made by the
					 purchasing agency.
(d) Updating
					 lists. Purchasing agencies may update lists of providers compiled under this
					 section as frequently as they deem necessary or advisable.
(e) Public inspection of lists. Any list of
					 providers compiled under this section shall be available for public inspection
					 at the purchasing agency or office of the procurement officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 4 - GENERAL OPERATING PROCEDURES › Section 3-141-402 - Cost principles

Current through June, 2024
(a) In order to
					 promote uniform purchasing practices among purchasing agencies that require
					 health and human services, the administrator may, in conjunction with the
					 purchasing agencies, establish cost principles for use in contracts for health
					 and human services.
(b)
					 Coordination with federal law. Nothing in this section shall be construed to
					 create an exemption from any cost principle or pricing requirements arising
					 under federal law. Purchasing agencies receiving federal funding shall comply
					 with applicable federal cost principle and pricing requirements, unless the
					 state cost principles are more restrictive, in which case the purchasing agency
					 shall comply with the state cost principles.
(c) Waiver for good cause. The head of a
					 purchasing agency may, for good cause, waive compliance with any cost
					 principles established under this section. Such waiver shall be made in writing
					 by the head of the purchasing agency, and shall include an explanation of the
					 circumstances that justify the waiver. The written waiver shall be placed in
					 the contract file, and appropriate notice of the waiver shall be included in
					 the request for proposals, statements of qualifications, or any other
					 solicitation, as applicable.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 4 - GENERAL OPERATING PROCEDURES › Section 3-141-403 - No exemption from laws governing the treatment of persons with disabilities

Current through June, 2024
Nothing in these rules or in chapter
						103F, HRS, shall be construed as an
						exemption from the Americans with Disabilities Act (
						42 U.S.C.
						12101, et seg,), the Rehabilitation Act (
						29 U.S.C.
						701, et seq.), the Individuals with
						Disabilities Education Act (
						20
						U.S.C. 1401, et. seq.), or any other federal,
						state, or county law governing the treatment of persons with
						disabilities.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 4 - GENERAL OPERATING PROCEDURES › Section 3-141-404 - No exemption from anti-competitive practices

Current through June, 2024
Nothing in these rules, or in chapter
						103F, HRS, shall be construed as an
						exemption from federal, state, or county laws forbidding anti-competitive
						practices.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 4 - GENERAL OPERATING PROCEDURES › Section 3-141-405 - Selection of procurement method

Current through June, 2024
A particular planned purchase of health and human
						services may fall within the scope of multiple methods of procurement
						established by chapter
						103F, HRS. Whenever multiple methods
						of procurement apply to a single planned purchase, the head of the purchasing
						agency shall select the applicable method of procurement that is in the best
						interests of the state.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 4 - GENERAL OPERATING PROCEDURES › Section 3-141-406 - Availability of forms

Current through June, 2024
Forms and instructions for submittal of proposals,
						statements of qualifications, or other requests for funding may be prescribed
						by the administrator. Purchasing agencies shall make available to applicants
						all necessary forms for each respective procurement method.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 4 - GENERAL OPERATING PROCEDURES › Section 3-141-407 - Public Notice

Current through June, 2024
(a) Public notice
					 shall be made to encourage competition and obtain information for planning or
					 other collaborative purposes. Public notice shall be given in accordance with
					 this section.
(b) Required contents
					 of public notice. Public notices shall include the following information:
(1) A brief description of the
					 service;
(2) When and where
					 additional information will be available, such as a request for proposals or
					 the details of a request for information;
(3) The submittal deadline for any responses
					 to the notice;
(4) The date, time
					 and place of any orientation or meeting to be held;
(5) The name, phone number, address and
					 e-mail address of the purchasing agency contact person to whom inquiries may be
					 addressed; and
(6) Any other
					 information a purchasing agency deems appropriate.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 5 - WAIVERS AND EXEMPTIONS › Section 3-141-501 - Waiver of compliance with administrative rules

Current through June, 2024
The administrator may, for good cause, upon his or her
						own initiative or upon application by the head of a purchasing agency, waive a
						purchasing agency's compliance with these rules.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 5 - WAIVERS AND EXEMPTIONS › Section 3-141-503 - Exemptions from procurement procedures

Current through June, 2024
(a) In addition to
					 the exemptions specifically enumerated in section
					 103F-101,
					 HRS, the following are also exempted from chapter
					 103F, HRS:
(1) Subawards and subgrants to organizations
					 directed by the funding source;
(2)
					 Grants and subsidies as those terms are defined in chapter
					 42F,
					 HRS;
(3) Affiliation agreements
					 with hospitals and other health care providers required for University of
					 Hawaii clinical programs; and
(4)
					 Services of psychiatrists and psychologists in criminal and civil proceedings
					 when required by court order or by the rules of court.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 6 - PROCUREMENT VIOLATIONS › Section 3-141-601 - Purpose of procurement violation procedures

Current through June, 2024
The procurement violation procedures shall
						implement:
(1) A reporting and
					 corrective action procedure for failures to follow procurement procedures for
					 health and human services pursuant to chapter
					 103F, HRS, and chapters 3-140 to
					 3-149 of the administrative rules; and
(2) A procedure for requesting after-the-fact
					 payment to a provider
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 6 - PROCUREMENT VIOLATIONS › Section 3-141-602 - Core Procedures

Current through June, 2024
For each occurrence of a procurement violation, the
						procedure shall be as follows:
(1) The
					 procurement officer shall prepare and submit a report of the procurement
					 violation to the head of the purchasing agency;
(2) The head of the purchasing agency or a
					 designated reviewing officer shall review the report to determine whether
					 corrective action is necessary to remedy the situation or prevent any
					 reoccurrence, and shall submit the report of findings and corrective action to
					 the chief procurement officer, in accordance with sections 3-141-603 and
					 3-141-604;
(3) If payment to a
					 provider is also required, the head of the purchasing agency shall include in
					 the report of findings and corrective action, a request for approval from the
					 chief financial officer for after-the-fact payment;
(4) The chief procurement officer shall
					 determine whether appropriate corrective action has been taken; and
(5) Forward the request to the chief
					 financial officer for after-the-fact payment approval, if one has been
					 requested.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 6 - PROCUREMENT VIOLATIONS › Section 3-141-603 - Content of report of findings and corrective action

Current through June, 2024
(a)
					 The report of findings and corrective action shall include at a minimum:
(1) The circumstances leading up to the
					 unauthorized procurement and an explanation why the established procedures were
					 not followed;
(2) Whether there
					 were any indications of intent to deliberately evade established purchasing
					 procedures;
(3) Any lack of
					 procurement information and training;
(4) Whether this is a first occurrence;
					 and
(5) Whether appropriate written
					 assurance and safeguards have been established to preclude a subsequent
					 unauthorized procurement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 6 - PROCUREMENT VIOLATIONS › Section 3-141-604 - Types of corrective action

Current through June, 2024
Corrective actions may include, but are not limited
						to:
(1) Training;
(2) Changes in planning and
					 procedures;
(3) Modifying internal
					 purchasing timetables; and
(4) A
					 reduction of an employee's purchasing authority.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 141 - GENERAL PROVISIONS › Subchapter 6 - PROCUREMENT VIOLATIONS › Section 3-141-605 - Penalties

Current through June, 2024
(a) A person who contracts for services in a
					 manner the person knows to be contrary to the requirements of chapter
					 103F, HRS, and its administrative
					 rules shall be liable for all costs and damages to the State arising out of the
					 violation.
(b) A person who
					 knowingly or intentionally contracts for or purchases health and human services
					 under a scheme or artifice to avoid the requirements of chapter
					 103F, HRS, shall be referred to the
					 attorney general for possible criminal prosecution. The person shall be subject
					 to removal from office and shall be liable for any sum paid by the State in
					 connection with the violation, and that sum, together with interests and costs,
					 shall be recoverable by the State.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 142 - PLANNING › Subchapter 1 - PURPOSE AND SCOPE › Section 3-142-101 - Purpose

Current through June, 2024
The purpose of this chapter is to encourage purchasing
						agencies to adopt uniform planning practices in order to create greater
						efficiency and economy in the procurement and purchase 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 142 - PLANNING › Subchapter 1 - PURPOSE AND SCOPE › Section 3-142-102 - Scope

Current through June, 2024
The provisions of this chapter shall apply to all
						purchasing agencies purchasing health and human 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 142 - PLANNING › Subchapter 2 - PLANNING ACTIVITIES AND METHODS › Section 3-142-201 - Planning

Current through June, 2024
(a) Planning is a general term that
					 encompasses different types of activities carried out by different agencies
					 within government and organizations within the community. In order to define
					 clearly the different subsets of planning activities under chapter
					 103F, HRS, the following categories
					 are established:
(1) Planning to determine
					 what service to purchase. Purchasing agencies carry out information gathering
					 and analysis with input from funders, other state agencies, client advocacy
					 organizations and providers on how to achieve better results in reaching goals
					 established by statute or funder's conditions, or community planning processes.
					 Purchasing agencies also review the program monitoring and evaluation reports
					 for current contracts. This subset of planning activities is initiated by the
					 purchasing agency. The scope of a purchasing agency's planning, may be defined
					 by its statutory language;
(2)
					 Planning to establish procurement schedules and requirements. Chapter
					 103F, HRS, establishes two advisory
					 groups to assist the administrator with development of procurement instructions
					 to all purchasing agencies. The administrator weighs and considers these
					 recommendations in conjunction with decisions by state policymakers responsible
					 for budget and expenditure instructions. These instructions guide all
					 purchasing agencies on when and what annual and biennial planning and
					 procurement activities may be carried out. The scope of the instructions is
					 limited to common activities, schedules, or guidelines that affect all
					 purchasing agencies; and
(3)
					 Planning with provider organizations. Purchasing agencies may seek planning
					 information from providers. Purchasing agencies are encouraged to collaborate
					 with providers through sharing of planning information and analysis that
					 results in improved service specifications for purchased services and progress
					 towards desired outcomes.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 142 - PLANNING › Subchapter 2 - PLANNING ACTIVITIES AND METHODS › Section 3-142-202 - Requests for information

Current through June, 2024
(a) At a minimum, a
					 purchasing agency shall prepare a request for information prior to the
					 development of a request for proposals to obtain community input and facilitate
					 community planning activities. A request for information may also be prepared
					 at any other time to facilitate a purchasing agency's planning activities and
					 may be sent to any knowledgeable person or entity that the purchasing agency
					 deems advisable.
(b) Permissible
					 subjects. A request for information may address any subject relevant to a
					 purchasing agency's planning activities and in preparation for a solicitation,
					 including but not limited to:
(1) Long- and
					 short-term goals and objectives, or the objective of a procurement;
(2) The target population or clients to be
					 served;
(3) The services the
					 purchasing agency anticipates may be necessary to achieve its goals and
					 objectives;
(4) Service
					 specifications, feasibility, or cost; or
(5) Request for expressions of interest to
					 provide a service.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 142 - PLANNING › Subchapter 2 - PLANNING ACTIVITIES AND METHODS › Section 3-142-203 - Collaboration of providers

Current through June, 2024
(a) Purchasing
					 agencies may ask providers to participate in purchasing agency planning
					 activities in order to create greater efficiency, responsiveness, and
					 organization in meeting the health, social and economic needs of the various
					 communities.
(b) Areas for
					 collaboration. Specific areas for collaboration with providers may include, but
					 are not limited to:
(1) Sharing of
					 information on community needs;
(2)
					 Determination of best practices;
(3) Inventory of available
					 resources;
(4) Budgetary or cost
					 factors;
(5) Configuration of
					 services; and
(6) Recommendations
					 for service specifications and requirements.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 142 - PLANNING › Subchapter 3 - STATE AGENCY PLANNING › Section 3-142-301 - State agency planning activities

Current through June, 2024
(a) To make
					 decisions on the type and amount of services to purchase, purchasing agencies
					 shall carry out planning activities, including but not limited to:
(1) Receiving information from funders,
					 including the legislature, federal agencies, and private foundations on funding
					 terms and conditions;
(2) Asking
					 for information from other state agencies on services to the same community,
					 families, children, adults, or school, or on cooperative strategies to make
					 progress towards achieving a shared goal;
(3) Utilizing the contracts database issued
					 by the administrator to analyze information on similar services and services to
					 the same community or target groups;
(4) Taking into account the views of service
					 recipients and community advocacy organizations on conditions affecting the
					 achievement of mandated goals;
(5)
					 Taking into account the views of provider organizations on how to improve
					 service specifications to better achieve mandated goals, a request for
					 information may be utilized as provided in section 3-142-202;
(6) Analyzing information from program
					 monitoring and evaluation reports for current contacts; and
(7) Analyzing socio-economic and health data
					 for trends, and analyzing waiting lists and client satisfaction surveys to
					 determine demand factors.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 142 - PLANNING › Subchapter 3 - STATE AGENCY PLANNING › Section 3-142-302 - State agency planning activities

Current through June, 2024
(a) The planning
					 activities schedule for a particular service shall be determined by the length
					 of the service contract, for example, every two years for two year contracts,
					 every four years for four year contracts, and so on.
(b) Waiver of planning activities for good
					 cause. The head of a purchasing agency may waive planning activities for
					 procurement upon a written determination it is in the best interest of the
					 State. The waiver shall be in writing and shall include an explanation of the
					 circumstances justifying the waiver. The written waiver shall be placed in the
					 procurement file and included in the request for proposals.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 142 - PLANNING › Subchapter 4 - STATE PROCUREMENT OFFICE PLANNING › Section 3-142-401 - State procurement office planning activities

Current through June, 2024
(a) The
					 administrator may carry out the planning activities provided in this subchapter
					 prior to establishing procurement instructions to all purchasing agencies. The
					 administrator shall weigh and consider the advice of the interagency committee
					 and the community council as provided in this section.
(b) The interagency committee on purchase of
					 health and human services. The interagency committee, which is composed of
					 heads of purchasing agencies or their designated representatives, shall assist
					 the administrator on matters including, but not limited to:
(1) How, when, and on what issues, to secure
					 input from providers to facilitate purchasing agency decision-making;
(2) Schedules for planning and purchasing
					 health and human services;
(3)
					 Criteria to evaluate proposals for competitive and restrictive purchase of
					 services; and
(4) Education and
					 training needs of purchasing agencies and providers.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 142 - PLANNING › Subchapter 4 - STATE PROCUREMENT OFFICE PLANNING › Section 3-142-402 - State procurement office planning schedule

Current through June, 2024
Instructions from the administrator that cover topics
						including but not limited to, issues listed in section
						3-142-401 will normally be issued
						to purchasing agencies in coordination with budgeting and expenditure
						instructions that are issued on an annual or biennial basis. Information to
						assist the administrator from the interagency committee and the community
						council may be provided on an annual or biennial basis, as
						appropriate.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 142 - PLANNING › Subchapter 4 - STATE PROCUREMENT OFFICE PLANNING › Section 3-142-403 - Assistance in provider planning

Current through June, 2024
(a) In order to
					 assist providers to plan their organizations' budgets and staff levels on a
					 predictable and timely basis, the administrator shall make information on
					 anticipated purchases public annually.
(b) Planned purchases. Purchasing agencies
					 shall submit a list of services, which they anticipate purchasing in the coming
					 years and the anticipated method of procurement. The purchasing agencies shall
					 transmit their lists to the administrator at the time and in the manner
					 prescribed by the administrator.
(c) Consolidated report of planned purchases.
					 The administrator shall prepare a consolidated report of the services that
					 purchasing agencies anticipate purchasing in the coming years. The
					 administrator shall make the report available in a manner reasonably calculated
					 to provide fair and equal access to all providers that might be interested in
					 competing to provide the anticipated services.
(d) Changes allowed. The lists and
					 consolidated report shall not obligate purchasing agencies to solicit proposals
					 for any service included, because purchasing agencies may experience changes to
					 planned expenditures after the report is made available to interested
					 providers.