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 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 1 - PURPOSE AND SCOPE › Section 3-143-101 - Purpose

Current through June, 2024
The purpose of this chapter is to implement section
						103F-402,
						HRS, which establishes the competitive 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 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 1 - PURPOSE AND SCOPE › Section 3-143-102 - Scope

Current through June, 2024
The competitive purchase of service method of
						procurement may be used for any purchase of health and human services governed
						by chapter
						103F, HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-143-201 - Preparing a request for proposals

Current through June, 2024
The request for proposals is used to initiate a
						competitive purchase of service procurement and shall include:
(1) The service specifications prepared in
					 accordance with section 3-143-302 for the services to be procured;
(2) All applicable general and special
					 conditions and tax clearance requirements that will be imposed on the
					 successful applicant by contract;
(3) A statement indicating that the award of
					 a contract and any allowed renewal or extension shall be subject to the
					 availability of appropriated funds;
(4) Instructions and information for
					 applicants including but not limited to the date, time and place for the
					 orientation for the request for proposals, the submittal deadline, and the
					 place where proposals shall be submitted;
(5) Planning activities utilized in
					 accordance with section 3-142-301;
(6) Specific criteria to be used in
					 evaluation of proposals that shall include the following:
(A) Technical capability and approach for
					 meeting performance requirements;
(B) Competitiveness and reasonableness of
					 unit of service;
(C) Managerial
					 capabilities;
(D) Cost, or, if
					 applicable, cost per unit of service; and
(E) Any additional criteria determined to be
					 useful 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 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-143-202 - Public notice of requests for proposals

Current through June, 2024
Public notice of requests for proposals shall be made to
						encourage competition among providers so that the state obtains the most
						advantageous proposal or proposals that the market can support. Public notice
						shall be made in accordance with section
						3-141-407.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-143-202.1 - Proposal submittal deadline

Current through June, 2024
(a) Unless waived
					 in accordance with subsection (b), the submittal deadline shall be at least
					 twenty-eight days from the release date of the request for proposals.
(b) Shortened time for submittal deadline.
					 The chief procurement officer or head of the purchasing agency may approve to
					 shorten the twenty-eight day period required in subsection (a), upon a written
					 determination by the purchasing agency that:
(1) Adequate competition will be possible in
					 spite of the shorter time period; and
(2) The shorter time period will allow
					 potential applicants a reasonable time to prepare their proposals.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-143-202.2 - Access to request for proposals

Current through June, 2024
The request for proposals shall be available to the
						public at the offices of the head of the purchasing agency or procurement
						officer issuing the request for proposals. The administrator may require that
						requests for proposals be made available on a central
						website.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-143-203 - Orientation for requests for proposals

Current through June, 2024
(a) To provide
					 greater efficiency and uniformity in the planning and procurement of health and
					 human services, orientations to explain the procurement requirements of the
					 purchasing agency-shall be conducted by the purchasing agencies for all
					 requests for proposals issued.
(b)
					 Notice of orientation. An orientation for a request for proposals shall be
					 conducted after the request for proposals is issued. The notice of the
					 orientation shall be given in the request for proposals.
(c) Time for orientation. The orientation
					 shall be held between five and fifteen working days after the public notice has
					 been issued, or long enough after the request for proposals has been issued in
					 order to allow applicants to become familiar with the request for proposals,
					 but sufficiently before proposal deadline to allow consideration of the
					 orientation results in preparing their proposals.
(d) Place for orientation. An orientation
					 shall be conducted on the island on which the requested service will be
					 provided. If a request for proposals requests services to be provided on
					 multiple islands, then the purchasing agency shall hold its orientation on the
					 island that will receive the largest share of the requested services at the
					 location or locations specified in the request for proposals.
(e) No implied amendment of request for
					 proposals. No statement or clarification made by the purchasing agency at the
					 orientation shall be construed as an amendment to the request for proposals
					 unless a written addendum is published in accordance with section 3-143-301.
					 Substantive matters raised at the orientation shall be made available to all
					 prospective applicants by addendum.
(f) Waiver from orientation. The chief
					 procurement officer may waive the requirements of this section for good cause.
					 Any waiver issued under this subsection shall be in writing, and shall state
					 the circumstances that justify good cause for the waiver. Circumstances
					 constituting good cause include, but are not limited to the following:
(1) A written finding, certified by the head
					 of the purchasing agency, that the request for proposals issued is
					 substantially similar to other requests for proposals for the same services
					 issued by the purchasing agency in the past, and potential applicants are
					 already familiar with the requirements of the request for proposals for that
					 reason;
(2) The total value of the
					 services being procured is less than $50,000; or
(3) Any other circumstance in which the costs
					 of holding the orientation outweigh the benefits to be obtained from holding
					 the orientation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-143-204 - Submission and receipt of proposals

Current through June, 2024
(a) Proposals shall
					 be submitted to purchasing agencies no later than the submittal deadline.
					 Proposals may be submitted by hand-delivery or United States mail.
(1) Proposals submitted by hand-delivery
					 shall be deemed received when actually received by the purchasing agency;
					 and
(2) Proposals submitted by
					 United States mail shall be deemed received on the post-mark date, provided the
					 proposal is actually received by the purchasing agency within ten days from the
					 postmark date. Proposals received after the deadline shall be rejected in
					 accordance with section 3-143-603.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-143-205 - Evaluation of proposals and notice of award

Current through June, 2024
(a) After
					 the submittal deadline, all proposals, modifications, and withdrawals shall be
					 examined by the purchasing agency in accordance with this section.
(b) Evaluators. The procurement officer, or
					 an evaluation committee of designated reviewers selected by the head of the
					 purchasing agency or procurement officer shall review and evaluate proposals. A
					 copy of the document identifying any review committee members and any
					 subsequent changes thereto shall be placed in the procurement file.
(1) When an evaluation committee is utilized,
					 the head of the purchasing agency or procurement officer shall select for each
					 request for proposals, a minimum of two employees from a state agency or
					 agencies with sufficient education and training to evaluate the proposals
					 received in response to the request for proposals.
(2) Non-state employees may serve as advisors
					 to purchasing agencies in the evaluation of proposals but shall not represent
					 or act on behalf of a purchasing agency in any selection or award. A non-state
					 employee shall not be permitted to serve as an advisor if such service would
					 pose an actual or potential conflict of interest.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-143-206 - Single or multiple awards

Current through June, 2024
(a) Under a
					 competitive purchase of services, the purchasing agency may either award a
					 single contract to the applicant that submitted the proposal ranked most
					 advantageous under the evaluation process, or make a multiple award as provided
					 in this section.
(b) Multiple award
					 defined. A multiple award is an award of multiple contracts to a number of
					 providers that will, as an aggregate, provide the services required in the
					 request for proposals.
(c)
					 Reference to multiple award in request for proposals. If a multiple award is
					 anticipated prior to issuing a request for proposals, the purchasing agency
					 shall reserve the right to make the award, and the criteria for multiple awards
					 shall be stated in the request for proposals. Criteria may include, but is not
					 limited to geographic areas, target population, or services.
(d) Conditions for multiple award. A multiple
					 award may be made whenever the purchasing agency deems that it is in the best
					 interests of the state. Only the providers whose proposals are evaluated as the
					 most advantageous over-all, by geographical area, or by other criterion
					 explained in the request for proposals, shall be considered for a multiple
					 award. If, for example, a multiple award is to be made to two providers, then
					 only the providers with the two highest-ranked proposals may be considered, and
					 so on.
(e) Forbidden justifications
					 for multiple award contracts. Multiple award contracts shall not be made for
					 any of the following reasons:
(1) When a
					 single award will meet the purchasing agency's needs without sacrifice of
					 economy or service; or
(2) Any
					 reason in frustration of these rules, or chapter
					 103F, HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 2 - CORE PROCEDURES › Section 3-143-207 - Modifications before contract execution

Current through June, 2024
After the notice of award is issued and before execution
						of a contract, the purchasing agency-may seek to make final modifications to a
						proposal through discussion, as provided under section
						3-143-404, or through a partial
						rejection, as provided under section
						3-143-611.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 3 - CONTENT REQUIREMENTS › Section 3-143-301 - Addenda to requests for proposals

Current through June, 2024
(a) Amendments,
					 corrections, and clarifications to requests for proposals shall be made by
					 addendum, and may be made at any time prior to the submittal deadline. Addenda
					 may also be made prior to final revised proposals pursuant to subsection
					 (e).
(b) Form of addenda and
					 procedure for distribution. Every addendum shall reference the portions of the
					 original request for proposals that it amends, and shall set forth in full all
					 amendments, corrections, and clarifications to the request for proposals. In
					 accordance with paragraph (d) or (e), the purchasing agency shall notify, and
					 distribute or make the addendum available to all prospective applicants known
					 to have received a request for proposals, and may require that prospective
					 applicants acknowledge receipt of the addendum issued.
(c) Permitted uses of addenda. Addenda may be
					 used for any reasonable purpose in furtherance of the procurement process,
					 including but not limited to:
(1) Making
					 changes in the terms of the request for proposals, including but not limited to
					 changes in quantity, service description, timeline, scope of service, or
					 proposal deadline;
(2) Correcting
					 mistakes or resolving ambiguities;
(3) Insuring that all applicants receive
					 material information that may have arisen during the course of discussions of
					 the request for proposals; and
(4)
					 Providing any other information or clarification to the request for proposals
					 that will promote fair competition among applicants.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 3 - CONTENT REQUIREMENTS › Section 3-143-302 - Service specifications for requests for proposals

Current through June, 2024
(a)
					 In order to promote uniformity in the field of health and human service
					 procurement, service specifications contained in requests for proposals shall
					 be written in accordance with this section.
(b) Contents of service specifications.
					 Service specifications shall address in detail each of the following items and
					 if an item is not applicable to the request for proposals, it shall be so
					 stated:
(1) Identify minimum or mandatory
					 activities;
(2) Specify probable
					 funding amounts, source, and period of availability;
(3) Describe the need or problem the service
					 addresses;
(4) Describe goals of
					 the service;
(5) Describe in detail
					 the target population to be served;
(6) Specify the geographical coverage of
					 service;
(7) Specify expected
					 outcome measurements;
(8) Specify
					 the units of service and unit rate, as applicable;
(9) Specify quality assurance and evaluation
					 specifications, as applicable;
(10)
					 Specify whether single or multiple contracts are to be awarded and define the
					 criteria for the multiple award, if applicable;
(11) Specify whether single- or multi-term
					 contracts are to be awarded and define the terms, including but not limited to
					 initial contract term and conditions for extension; multi-term contracts shall
					 be in accordance with section 3-149-302;
(12) Specify reporting requirements for
					 program and fiscal data, and provide sample forms and instructions, as
					 available or appropriate;
(13)
					 Identify minimum or mandatory administrative requirements;
(14) Identify minimum or mandatory personnel
					 requirements;
(15) Specify pricing
					 or pricing methodology to be used, as applicable; and
(16) Specify the method or procedure for
					 compensation or payment.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 3 - CONTENT REQUIREMENTS › Section 3-143-303 - Notice of award

Current through June, 2024
(a) Each notice of award issued pursuant to
					 section 3-143-205(1) or section 3-143-607(d) shall contain a statement of
					 findings and decision that includes the following information:
(1) Identification of the purchasing
					 agency;
(2) Identification of the
					 request for proposals;
(3)
					 Identification of the applicant or applicants that were selected;
(4) Comments for the evaluation or scores
					 received in support of the decision for the award or non-award to the applicant
					 to whom the notice is being sent; and
(5) A copy of the proposal evaluation
					 worksheet of the applicant to whom the notice is being sent.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 4 - ALLOWABLE COMMUNICATIONS › Section 3-143-401 - Discussions with applicants allowed before submittal deadline

Current through June, 2024
(a) Before the submittal deadline, a
					 purchasing agency may engage in discussions with applicants as provided in this
					 section as often as the purchasing agency deems necessary or
					 convenient.
(b) Purpose of
					 discussions. Discussions may be conducted under this section in order to
					 promote understanding of a purchasing agency's requirements.
(c) Procedure for conducting discussions. The
					 purchasing agency shall establish procedures and schedules for conducting
					 material discussions under this section that will insure the reasonably fair
					 and equal treatment of all prospective applicants.
(d) Modification or cancellation of request
					 for proposals for material change. In response to matters raised during
					 discussions conducted under this section, a purchasing agency may modify or
					 cancel its request for proposals as provided herein.
(1) If a proposed modification does not
					 constitute a material change in the nature of the request for proposals, then
					 the purchasing agency may issue a written addendum in accordance with section
					 3-143-301.
(2) If a proposed
					 modification does constitute a material change in the nature of the request for
					 proposals, then the purchasing agency may cancel the request for proposals in
					 accordance with section 3-143-613, and a new request for proposals may be
					 issued.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 4 - ALLOWABLE COMMUNICATIONS › Section 3-143-402 - Submission of questions before submittal deadline

Current through June, 2024
(a)
					 Before the submittal deadline, an applicant may submit questions to the
					 purchasing agency for clarification or explanation of any point in a request
					 for proposals.
(b) Procedure for
					 submitting questions. Questions shall be submitted to the purchasing agency in
					 writing, identifying the questioner and clearly referencing the request for
					 proposals. To the extent possible, questions shall be transmitted to the
					 purchasing agency within a reasonable time before the submittal deadline to
					 allow the purchasing agency time to consider the questions and distribute
					 answers.
(c) Purchasing agency
					 response. The purchasing agency shall promptly respond to written questions
					 posed under this section by an addendum to the request for proposals, as
					 provided under section 3-143-301. All prospective applicants who submitted
					 questions and prospective applicants who are known to have obtained a copy of
					 the request for proposals, shall be notified of the addendum's availability,
					 and to the extent practicable, a copy of the addendum may also be mailed or
					 sent electronically. All written clarifications shall be made available on a
					 website identified in the request for proposals and at the same location or
					 locations where proposals may be submitted.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 4 - ALLOWABLE COMMUNICATIONS › Section 3-143-403 - Discussions with applicants after submittal deadline

Current through June, 2024
(a)
					 After the submittal deadline, the purchasing agency may engage in discussions
					 with applicants as provided in this section as often as the purchasing agency
					 deems necessary or convenient.
(b)
					 Allowed purposes for discussion. Discussions may be held under this section for
					 the purposes of:
(1) Clarifying elements of
					 the request for proposals or the proposal;
(2) Facilitating the refinement of proposals
					 to produce the contract that will be most advantageous to the state in light of
					 the evaluation criteria set forth in the request for proposals; or
(3) Negotiation with providers to arrive at a
					 more advantageous set of proposals for the state to consider.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 4 - ALLOWABLE COMMUNICATIONS › Section 3-143-404 - Discussions with applicants after notice of award and before contract execution

Current through June, 2024
(a) After the
					 notice of award is issued, the purchasing agency or a secondary purchaser may
					 have further discussions in accordance with this section in order to negotiate
					 a more advantageous contract for the state.
(b) Scope of discussions. Discussions
					 conducted under this section shall be limited in scope to the following:
(1) Contractual terms and conditions not
					 specifically addressed in the request for proposals that would not constitute a
					 material change to the proposals; and
(2) Contractual terms and conditions which
					 are substantially the same or that do not constitute a material change to the
					 proposal.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 5 - EXPEDITING PROCEDURES › Section 3-143-502 - Use of electronic submission for competitive purchase of service

Current through June, 2024
(a) Proposals and amendments may not be
					 submitted to purchasing agencies by electronic means, including but not limited
					 to facsimile transmission, via email or a website, except when such
					 transmission is expressly authorized in a request for proposals.
(b) Applicant bears responsibility for
					 transmission. Applicants who submit proposals 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. By
					 opting to submit documents by electronic means, applicants assume all risk that
					 a purchasing agency's receiving equipment and system may be inoperative or
					 otherwise unavailable at the time transmission is attempted.
(c) Time of receipt. A proposal 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
					 purchasing agency. For other electronic submittals, the purchasing agency shall
					 establish a system, which includes but is not limited to an email account or
					 website that will either document time of receipt, or close and not accept any
					 submittals after the proposal or amendment submittal deadline.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 5 - EXPEDITING PROCEDURES › Section 3-143-504 - Submission of proposals on electronic media

Current through June, 2024
(a)
					 Proposals and amendments may not be submitted to purchasing agencies on
					 electronic media except when such submission is explicitly authorized in a
					 request for proposals.
(b)
					 Applicant bears responsibility for submission. Applicants who submit proposals
					 or amendments on electronic media bear the whole and exclusive responsibility
					 for assuring the complete, correctly-formatted, and timely submission of their
					 proposals and amendments to purchasing agencies. By opting to submit documents
					 on electronic media, applicants assume all risk that a purchasing agency's
					 equipment system may be unable to read the applicant's electronic
					 media.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 5 - EXPEDITING PROCEDURES › Section 3-143-505 - Selection of substitute provider after early termination of contract

Current through June, 2024
(a) In the event that a contract for health
					 and human services awarded under this chapter is terminated before the contract
					 expiration date, the purchasing agency shall follow the procedures in this
					 section to select a substitute provider.
(b) Initiation of new competitive purchase of
					 service. To select a substitute provider, a purchasing agency may initiate a
					 new competitive purchase of service procurement by issuing a new request for
					 proposals.
(c) Expedited procedure
					 for selection of substitute provider. If the selection of a substitute provider
					 through the initiation of a new competitive purchase of service procurement is
					 not practicable, then the purchasing agency may, if applicable, negotiate a
					 contract with the next highest evaluated ranked applicant. If the purchasing
					 agency and applicant are unable to negotiate a contract, the purchasing agency
					 may negotiate with the next highest ranking applicant, and so on. In the event
					 that there are no other proposals, or none of the proposals and applicants are
					 sufficiently advantageous, the purchasing agency may select any provider that
					 will be an advantageous substitute. Any contract awarded to a substitute
					 provider selected under this subsection shall terminate either at the same time
					 that the original contract would have, or at the close of the following fiscal
					 year, whichever occurs sooner.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-601 - Modification, correction, or withdrawal of proposals before submittal deadline

Current through June, 2024
Applicants bear the responsibility of verifying that the
						proposal, submitted to the purchasing agency in response to a request for
						proposal, is accurate and free of errors. Before the submittal deadline,
						applicants may freely and at any time modify, correct, or withdraw their
						submitted proposals by written notice to the purchasing agency, referencing the
						original proposal and either detailing the modification, correction, or stating
						the intent to withdraw the proposal.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-602 - Proposals deemed firm offers after submittal deadline

Current through June, 2024
After the submittal deadline, all proposals timely
						received shall be deemed to be firm offers that are binding on the applicants
						for a period of ninety days. During this period, applicants may neither modify
						nor withdraw their proposals without written authorization or invitation from
						the purchasing agency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-603 - Late proposals rejected

Current through June, 2024
Any proposal, withdrawal, or modification submitted
						after the submittal deadline is late and shall be rejected on that basis.
						Notice of the rejection for late submission shall be given to the applicant,
						and disposal of the rejected proposal shall be in accordance with section
						3-143-612.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-604 - Confidentiality and public access to documents

Current through June, 2024
Prior to and after submission to a purchasing agency,
						the confidentiality of proposals, modifications to proposals, and withdrawals
						of proposals shall be maintained in accordance with this section.
(1) Prior to the submittal deadline,
					 proposals, modifications to proposals, or withdrawals of proposals shall be
					 kept in confidence, in a secure place, and may not be inspected for purposes of
					 evaluation.
(2) After the submittal
					 deadline, proposals, modifications, and withdrawals may be opened and inspected
					 only by state personnel involved with the procurement process and designated
					 evaluation committee members. After the submittal deadline and before the award
					 and execution of a contract, such documents shall be kept confidential to avoid
					 disclosure of contents to competing applicants.
(3) Procurement files shall be maintained and
					 open to public inspection as provided in section 3-143-616.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-605 - Multiple proposals and alternate proposals

Current through June, 2024
(a) An
					 applicant may not submit multiple proposals or alternate proposals unless the
					 request for proposals specifically authorizes multiple proposals or alternate
					 proposals.
(b) Rejection of
					 multiple proposals and alternate proposals. When no specific authorization for
					 multiple proposals or alternate proposals is given, all such proposals from a
					 single applicant shall be rejected unless one of the proposals is clearly
					 designated as the primary proposal. In such a case, the designated primary
					 proposal shall be retained and evaluated, and all others shall be rejected and
					 disposed of in accordance with section 3-143-612.
(c) Treatment of authorized multiple
					 proposals and alternate proposals. Whenever a request for proposals authorizes
					 multiple proposals or alternate proposals, the request for proposals shall also
					 detail the treatment of such proposals for purposes of evaluation and contract
					 award.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-606 - Correction of errors after submittal deadline

Current through June, 2024
After the submittal deadline, only patent errors may be
						corrected as provided in this section.
(1) Patent error defined. A patent error is
					 an error that would be readily ascertainable by a reasonably knowledgeable
					 person in the field of health and human services. Depending on the
					 circumstances, patent errors may include, but are not limited to arithmetical
					 errors, typographical errors, transposition errors, and omitted
					 signatures.
(2) Correction of
					 patent error. To correct a patent error, an applicant must identify the error
					 in the proposal, and establish the following to the purchasing agency's
					 satisfaction:
(A) That the error identified
					 is a patent error;
(B) That the
					 proposed correction constitutes the information intended at the time the
					 proposal was submitted, and not a modification of the proposal based on
					 information received after the submittal deadline; and
(C) That the proposed correction is not
					 contrary to the best interest of the purchasing agency or to the fair treatment
					 of other applicants.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-607 - Final revised proposals

Current through June, 2024
(a) A purchasing
					 agency may request applicants to submit final revised proposals in order to
					 allow fair and equal opportunity to all responsive and responsible applicants
					 to make a best and final offer or to respond to matters such as those raised at
					 the discussions.
(b) Procedure for
					 requesting final revised proposals. The purchasing agency shall issue to all
					 responsive and responsible applicants an addendum that includes the following
					 information:
(1) The addendum is a request
					 for final revised proposals;
(2)
					 The deadline for submission;
(3)
					 The procedure for submitting final revised proposals if that procedure is
					 different from submitting the original proposals;
(4) Instructions that only the section or
					 sections of each applicant's last proposal that are amended should be
					 submitted; and
(5) A statement that
					 if an applicant does not submit a final revised proposal, then the applicant's
					 last proposal shall be deemed to be the applicant's final revised
					 proposal.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-608 - Secondary purchase of competitive purchase of service

Current through June, 2024
(a)
					 To increase the efficiency of procurements through better planning, purchasing
					 agencies may coordinate and combine purchases of similar health and human
					 services through primary and secondary purchases as provided herein:
(1) After-the-fact secondary purchase. A
					 purchasing agency may utilize the service or part of the service that has
					 already been procured under a competitive purchase of service by another
					 purchasing agency; or
(2) Planned
					 secondary purchase. When two or more purchasing agencies require the
					 procurement of substantially the same health and human services, they may
					 combine their requirements and issue a single request for proposals.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-608.1 - Joint request for proposals

Current through June, 2024
(a) Two or more
					 purchasing agencies may issue a joint request for proposals for the purposes of
					 coordinating and improving the efficiency of purchasing health and human
					 services when:
(1) The services are
					 substantially the same; or
(2)
					 Purchasing a continuum of services for clients from the same provider or
					 collaboration of providers is essential for the continuity of
					 service.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-609 - Inadequate response to request for proposals

Current through June, 2024
(a) Whenever
					 a request for proposals generates an inadequate response, the purchasing agency
					 that issued the request for proposals may use the simplified procedures in this
					 section to complete the procurement.
(b) Inadequate response defined. An
					 inadequate response to a request for proposals exists when:
(1) There is only one proposal that is both
					 responsive to the request for proposals and submitted by a responsible
					 provider;
(2) All proposals that
					 were received are either not responsive to the request for proposals, or were
					 not submitted by responsible providers; or
(3) There are no responses at all to 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 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-610 - Rejection of proposals

Current through June, 2024
(a) In addition to
					 any other basis for mandatory rejection established elsewhere in this chapter,
					 proposals shall be rejected for reasons including, but not limited to:
(1) Proposal not responsive. Any proposal
					 that is not responsive to the request for proposals because of its failure to
					 conform in all material respects to the request for proposals including, but
					 not limited to, the service specifications or other evaluation criteria shall
					 be rejected; or
(2) Applicant not
					 responsible. Any proposal submitted by an applicant that is found not to be a
					 responsible provider shall be rejected.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-611 - Modification of proposal by partial rejection

Current through June, 2024
(a) A
					 purchasing agency may, in accordance with this section, partially reject any
					 proposal or combination of proposals and request proposal modifications to be
					 done that are in the best interests of the state.
(b) Conditions for partial rejection. A
					 purchasing
agency
may only partially reject any proposal or
					 combination of proposals if the following conditions are met:
(1) The proposal or combination of proposals
					 has
been
determined under the evaluation process to be the
					 most advantageous; and
(2) The
					 modifications proposed by the purchasing agency will not render the proposal or
					 proposals less advantageous.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-612 - Disposition of rejected proposals

Current through June, 2024
Whenever a proposal is rejected pursuant to sections
						3-141-201,
						3-141-202,
						3-143-603,
						3-143-605,
						3-143-610, or
						3-143-613, the purchasing agency
						may discard the rejected proposal thirty days after its rejection. Before
						disposal, the applicant may retrieve the proposal from the purchasing
						agency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-613 - Cancellation of request for proposals

Current through June, 2024
(a) A request for
					 proposals may be canceled at any time for any of the following reasons:
(1) The purchasing agency no longer requires
					 the service;
(2) The purchasing
					 agency no longer can reasonably expect to fund the service;
(3) Proposed amendments to the request for
					 proposals would be of a magnitude that a new request for proposals is
					 desirable;
(4) A determination by
					 the chief procurement officer that a cancellation of the request for proposals
					 is in the public interest; or
(5)
					 Any other reason determined by the purchasing agency to constitute good cause
					 for the cancellation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-614 - Applications for federal funding

Current through June, 2024
(a) Applying for
					 federal funds from a federal funding source to provide health and human
					 services shall not exempt a purchasing agency from chapter
					 103F, HRS, procurement
					 requirements.
(b) Use of
					 competitive purchase of service. When federal funds awarded to the state do not
					 specify any particular provider by federal law or in the federal grant award to
					 the state, competitive purchase of service shall be used unless an alternate
					 method, as allowed by statute or rules, is determined to be more appropriate
					 and advantageous to the state.
(c)
					 Special procedures authorized. In certain circumstances, the usual sequence of
					 the competitive purchase of service process may be modified. To apply for and
					 receive federal funds, it is often required that the state submit an
					 application to the federal funding source describing the use of such funds, and
					 in some cases, identifying a specific provider or providers. To assess and
					 consider interested or prospective applicants for inclusion in the state's
					 application for federal funding and to fulfill the procurement requirements,
					 purchasing agencies may utilize a request for information as established in
					 section 3-142-202 prior to applying for or receiving the federal funding. The
					 selected provider or providers may be included in the state's application to
					 the federal funding source.
(d)
					 Selection of provider for federal application. The selection of a provider or
					 providers for inclusion in the purchasing agency's application for federal
					 funding shall be based on the criteria and requirements established in the
					 request for information, or the discretion of the head of the purchasing
					 agency. Written justification for the provider(s) selected shall be included in
					 the procurement file.
(e)
					 Construction of section. Nothing in this section shall be construed to
					 disqualify a purchasing agency from receiving federal funds.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-615 - Register of proposals

Current through June, 2024
Ten working days, or a reasonable time after the
						submittal deadline, a register of proposals shall be prepared and made
						available to the public. The register shall include the following information
						from each proposal:
(1) The name of
					 each applicant; and
(2) The request
					 for proposal service title and identification number to identify the,
					 service.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-616 - Public inspection of competitive purchase of service records

Current through June, 2024
(a) The procurement file for every
					 competitive purchase of service procurement shall be available for public
					 inspection, to the extent permitted under current law governing information
					 practices, after execution of a contract by all parties.
(b) Keeping of file and contents. Purchasing
					 agencies shall maintain files for every competitive purchase of service
					 procurement that they conduct. The file shall contain all records that the
					 purchasing agency keeps that are connected to the procurement, award, or
					 servicing of a contract. At a minimum, the records kept in the file shall
					 include but not be limited to the following:
(1) The register of proposals prepared
					 pursuant to section 3-143-615;
(2)
					 A listing of all known service providers to whom copies of the request for
					 proposals were distributed;
(3)
					 Names of successful applicants and dollar amounts requested, as
					 applicable;
(4) The basis on which
					 the award or awards were made;
(5)
					 A copy of the request for proposals;
(6) A copy of the successful proposal or
					 proposals; and
(7) A copy of the
					 unsuccessful proposal or proposals
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 143 - COMPETITIVE PURCHASE OP SERVICE › Subchapter 6 - MISCELLANEOUS PROCEDURES › Section 3-143-619 - Competitive 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 competitive purchase of
					 service procurements made for a minimum of the past five fiscal
					 years.
(b) Reporting of competitive
					 purchase procurements. As determined by the administrator, the heads of
					 purchasing agencies shall report to the administrator all competitive purchase
					 of service procurements made by their respective agencies in the format
					 prescribed by the administrator.
(c) Annual consolidated reports. The
					 administrator shall make a consolidated report of all competitive 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 144 - RESTRICTIVE PURCHASE OF SERVICE › Subchapter 1 - PURPOSE AND SCOPE › Section 3-144-101 - Purpose

Current through June, 2024
The purpose of this chapter is to implement section
						103F-403,
						HRS, which establishes the restrictive purchase of service method of
						procurement, by providing rules and procedures for the use of this method of
						procurement.