DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES

Amendment and Compilation of Chapter 3-143Hawaii Administrative Rules

December 29, 2005

SUMMARY

1. §§3-143-201 and 3-143-202 are amended.

2. §§3-143-202.1 and 3-143-202.2 are added.

3. §§3-143-203 to 3-143-206 are amended.

4. §3-143-207 is added.

5. §§3-143-301 to 3-143-404 are amended.

6. §3-143-501 is repealed.

7. §3-143-502 is amended

8. §3-143-503 is repealed.

9. §§3-143-504 to 3-143-608 are amended.

10.§3-143-608.1 is added.

11.§3-143-609 is amended.

12. §§3-143-611 to 3-143-614 are amended.

13. §§3-143-616 is amended.

14. §§3-143-617 and 3-143-618 are repealed.

15. §3-143-619 is amended.

16. Chapter 143 is compiled.

HAWAII ADMINISTRATIVE RULES

TITLE 3

DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES

SUBTITLE 11

PROCUREMENT POLICY BOARD

CHAPTER 143

COMPETITIVE PURCHASE OF SERVICE

Subchapter 1 Purpose and Scope

§3-143-101 Purpose§3-143-102 Scope

Subchapter 2 Core Procedures

§3-143-201§3-143-202

§3-143-202.1§3-143-202.2§3-143-203

§3-143-204

§3-143-205

§3-143-206§3-143-207

Preparing a request for proposalsPublic notice of requests forproposals

Proposal submittal deadlineAccess to request for proposalsOrientation for requests forproposals

Submission and receipt ofproposals

Evaluation of proposals and notice ofaward

Single or multiple awardsModifications before contract execution

Subchapter 3 Content Requirements

§3-143-301 Addenda to requests for proposals

143-1

!2

§3-143-302 Service specifications forrequests for proposals

§3-143-303 Notice of award

Subchapter 4 Allowable Communications

§3-143-401 Discussions with applicantsallowed before submittaldeadline

§3-143-402 Submission of questions beforesubmittal deadline

§3-143-403 Discussions with applicants aftersubmittal deadline

§3-143-404 Discussions with applicants afternotice of award and before contractexecution

Subchapter 5 Expediting Procedures

§3-143-501 Repealed§3-143-502 Use of electronic submission for

competitive purchase of service§3-143-503 Repealed§3-143-504 Submission of proposals on electronic

media§3-143-505 Selection of substitute provider

after early termination ofcontract

Subchapter 6 Miscellaneous Procedures

§3-143-601 Modification, correction, or withdrawalof proposals before submittal deadline

§3-143-602 Proposals deemed firm offers aftersubmittal deadline

§3-143-603 Late proposals rejected§3-143-604 Confidentiality and public access to

documents

143-2

§3-143-605

§3-143-606

§3-143-607§3-143-608

§3-143-608.1§3-143-609

§3-143-610§3-143-611

§3-143-612§3-143-613

§3-143-614§3-143-615§3-143-616

§3-143-617§3-143-618§3-143-619

§3-143-101

Multiple proposals and alternateproposals

Correction of errors after submittaldeadline

Final revised proposalsSecondary purchase of competitivepurchase of service

Joint request for proposalsInadequate response to request forproposals

Rejection of proposalsModification of proposal bypartial rejection

Disposition of rejected proposalsCancellation of request forproposals

Applications for federal fundingRegister of proposalsPublic inspection of competitivepurchase of service records

RepealedRepealedCompetitive purchase of service record

of procurement actions

SUBCHAPTER 1

PURPOSE AND SCOPE

§3-143-101 Purpose. The purpose of this chapteris to implement section 103F-402, HRS, whichestablishes the competitive purchase of service methodof procurement, by providing rules and procedures forthe use of this method of procurement. [Eff 6/19/99;comp JAN 2 3 2006 ] (Auth: HRS §103F-106) (Imp:HRS §103F-402)

§3-143-102 Scope. The competitive purchase ofservice method of procurement may be used for any

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e, 4 , 44 u

§3-143-102

purchase of health and human services governed bychapter 103F, HRS. [Eff 6/19/99; comp !AK' n 9nne(Auth: HRS §103F-106) (Imp: HRS §103/VVOg)OLuuU

SUBCHAPTER 2

CORE PROCEDURES

§3-143-201 Preparing a request for proposals.The request for proposals is used to initiate acompetitive purchase of service procurement and shallinclude:

(1) The service specifications prepared inaccordance with section 3-143-302 for theservices to be procured;

(2) All applicable general and specialconditions and tax clearance requirementsthat will be imposed on the successfulapplicant by contract;

(3) A statement indicating that the award of acontract and any allowed renewal orextension shall be subject to theavailability of appropriated funds;

(4) Instructions and information for applicantsincluding but not limited to the date, timeand place for the orientation for therequest for proposals, the submittaldeadline, and the place where proposalsshall be submitted;

(5) Planning activities utilized in accordancewith section 3-142-301;

(6) Specific criteria to be used in evaluationof proposals that shall include thefollowing:(A) Technical capability and approach for

meeting performance requirements;(B) Competitiveness and reasonableness of

unit of service;(C) Managerial capabilities;

143-426

§3-143-201

(D) Cost, or, if applicable, cost per unitof service; and

(E) Any additional criteria determined tobe useful by the purchasing agency;

(7) A statement of the relative priority of thevarious evaluation criteria;

(8) A statement regarding any secondarypurchasers participating in the request forproposals as provided in section 3-143-608;

(9) A statement regarding the allowability ofmultiple or alternate proposals as providedin section 3-143-605;

(10) A statement that provider participation in apurchasing agency's efforts to plan for orto purchase health and human services, priorto the purchasing agency's release of arequest for proposals including the sharingof information on community needs, bestpractices, and providers' resources, shallnot disqualify providers from submittingproposals if conducted in accordance withsections 3-142-203 or 3-143-618;

(11) The criteria by which the performance underthe contract will be monitored andevaluated;

(12) Any specific requirements or qualificationsthat an applicant must meet in order tosubmit a proposal including, but not limitedto, licensure or accreditation;

(13) A statement that upon request from thepurchasing agency, each applicant shallsubmit any additional materials anddocumentation reasonably required by thepurchasing agency in its evaluation of theproposals; and

(14) Any other statement, disclaimer, or waiverrequired by law. [Eff 6/19/99; am and compJAN 2 3 2006 ] (Auth: HRS §§103F-106,103F-203) (Imp: HRS §§103F-203, 103F-402)

143-526 „, 9

§3-143-202

§3-143-202 Public notice of requests for proposals. Public notice of requests for proposalsshall be made to encourage competition among providersso that the state obtains the most advantageousproposal or proposals that the market can support.Public notice shall be made in accordance with section3-141-407. [Eff 6/19/99; am and comp JAN2320nR(Auth: HRS §§103F-106, 103F-402) (Imp: HRS TY03F-402)

§3-143-202.1 Proposal submittal deadline. (a)Unless waived in accordance with subsection (b), thesubmittal deadline shall be at least twenty-eight daysfrom the release date of the request for proposals.

(b) Shortened time for submittal deadline. Thechief procurement officer or head of the purchasingagency may approve to shorten the twenty-eight dayperiod required in subsection (a), upon a writtendetermination by the purchasing agency that:

(1) Adequate competition will be possible inspite of the shorter time period; and

(2) The shorter time period will allow potentialapplicants a reasonable time to preparetheir proposals. [Eff and comp

JAN 2 3 2008 ] (Auth: HRS §§103F-106,103F-402) (Imp: 103F-402)

§3-143-202.2 Access to request for proposals.The request for proposals shall be available to thepublic at the offices of the head of the purchasingagency or procurement officer issuing the request forproposals. The administrator may require thatrequests for proposals be fAI Ailable on a centralwebsite. [Eff and comp u 6LI.JUU ] (Auth: HRS§103F-106) (Imp: HRS §103F-402)

§3-143-203 Orientation for requests forproposals. (a) To provide greater efficiency anduniformity in the planning and procurement of health

143-69 (i

§3-143-203

and human services, orientations to explain theprocurement requirements of the purchasing agencyshall be conducted by the purchasing agencies for allrequests for proposals issued.

(b) Notice of orientation. An orientation for arequest for proposals shall be conducted after therequest for proposals is issued. The notice of theorientation shall be given in the request forproposals.

(c) Time for orientation. The orientation shallbe held between five and fifteen working days afterthe public notice has been issued, or long enoughafter the request for proposals has been issued inorder to allow applicants to become familiar with therequest for proposals, but sufficiently beforeproposal deadline to allow consideration of theorientation results in preparing their proposals.

(d) Place for orientation. An orientation shallbe conducted on the island on which the requestedservice will be provided. If a request for proposalsrequests services to be provided on multiple islands,then the purchasing agency shall hold its orientationon the island that will receive the largest share ofthe requested services at the location or locationsspecified in the request for proposals.

(e) No implied amendment of request forproposals. No statement or clarification made by thepurchasing agency at the orientation shall beconstrued as an amendment to the request for proposalsunless a written addendum is published in accordancewith section 3-143-301. Substantive matters raised atthe orientation shall be made available to allprospective applicants by addendum.

(f) Waiver from orientation. The chiefprocurement officer may waive the requirements of thissection for good cause. Any waiver issued under thissubsection shall be in writing, and shall state thecircumstances that justify good cause for the waiver.Circumstances constituting good cause include, but arenot limited to the following:

(1) A written finding, certified by the head ofthe purchasing agency, that the request for

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C) -

(2)

(3)

§3-143-203

proposals issued is substantially similar toother requests for proposals for the sameservices issued by the purchasing agency inthe past, and potential applicants arealready familiar with the requirements ofthe request for proposals for that reason;The total value of the services beingprocured is less than $50,000; orAny other circumstance in which the costs ofholding the orientation outweigh thebenefits to be obtained from holding theorientation. [Eff 6/19/99; am and comp

4AN 2 3211 ] Auth: HRS §103F-106)(Imp: HRS §§103F-301, 103F-402)

§3-143-204 Submission and receipt of proposals.(a) Proposals shall be submitted to purchasingagencies no later than the submittal deadlineProposals may be submitted by hand-delivery or UnitedStates mail.

(1) Proposals submitted by hand-delivery shallbe deemed received when actually received bythe purchasing agency; and

(2) Proposals submitted by United States mailshall be deemed received on the post-markdate, provided the proposal is actuallyreceived by the purchasing agency within tendays from the postmark date. Proposalsreceived after the deadline shall berejected in accordance with section 3-143-603.

(b) Proposal submittals by electronic means.Proposals submitted by electronic means, includingtelefacsimiles, shall be allowed only when expresslyauthorized in the request for proposals and shall bein accordance with section 3-143-502.

(c) Procedure for receiving documents. Unlessan alternate procedure is proposed by a purchasingagency and approved by its chief procurement officer,proposals, modifications to proposals, and withdrawalsof proposals shall be received according to the

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2 : 6. (,i) 0

§3-143-204

procedure in this subsection. Upon receipt ofproposals by a purchasing agency at a designatedlocation, proposals, modifications to proposals, andwithdrawals of proposals shall be date-stamped and,when possible, time-stamped. In addition to suchtime- and date-stamping, purchasing agencies may issuereceipts to applicants. All documents so receivedshall be held in a secure place by the purchasingagency and not examined for evaluation purposes untilthe submittal deadline.

(d) The purchasing agency shall keep a registerof all proposals received in accordance with section3-143-615. [Eff 6/19/99; am and comp

.2 2006(Auth: HRS §103F-106) (Imp: HRS §10LANAW

§3-143-205 Evaluation of proposals and notice of award. (a) After the submittal deadline, allproposals, modifications, and withdrawals shall beexamined by the purchasing agency in accordance withthis section.

(b) Evaluators. The procurement officer, or anevaluation committee of designated reviewers selectedby the head of the purchasing agency or procurementofficer shall review and evaluate proposals. A copyof the document identifying any review committeemembers and any subsequent changes thereto shall beplaced in the procurement file.

(1) When an evaluation committee is utilized,the head of the purchasing agency orprocurement officer shall select for eachrequest for proposals, a minimum of twoemployees from a state agency or agencieswith sufficient education and training toevaluate the proposals received in responseto the request for proposals.

(2) Non-state employees may serve as advisors topurchasing agencies in the evaluation ofproposals but shall not represent or act onbehalf of a purchasing agency in anyselection or award. A non-state employeeshall not be permitted to serve as an

143-92 6

§3-143-205

advisor if such service would pose an actualor potential conflict of interest.

(c) Preparation of evaluators. If thepurchasing agency deems it necessary or advisable, theevaluators may meet with other state agency personnelin advance of the formal evaluation process in orderto discuss a request for proposals, the evaluationprocess, the evaluation criteria and their relativepriorities, or other issues relevant to the evaluationor the request for proposals.

(d) Procedure for evaluation. The evaluation ofproposals shall be based solely upon the evaluationcriteria and their relative priorities as establishedin the request for proposals. A written evaluationshall be made for each proposal based on eitherwritten comments or a numerical rating system.Numerical evaluations shall include a writtenexplanation of scores given in accordance withcriteria stated in the request for proposals. Thewritten evaluations for all proposals received shallbe made a part of the procurement file and madeavailable for public inspection after award andexecution of the contract, or contracts in the case ofa multiple award.

(e) If applicable, during the evaluationprocess, discussions with applicants shall be inaccordance with section 3-143-403.

(d) If applicable, the purchasing agency shallrequest applicants to submit final revised proposalsin accordance with section 3-143-607.

(e) Ranking of proposals. After all of theproposals have been evaluated, the proposals shall beranked from most advantageous to least advantageous,based on the evaluations each proposal received.

(f) Forbidden criteria for evaluation.Evaluations shall not be based on race, religion,color, national origin, sex, age, marital status,pregnancy, parenthood, physical or mental disability,political affiliation of the applicant, or any othercriterion prohibited by law, unless such criterion ispermitted by law.

143-10

2 6

§3-143-205

(g) Notice of award. After evaluationcompletion, a notice of award shall be sent inaccordance with section 3-143-303 to each responsiveand_respleible applicant. [Eff 6/19/99; am and compJAN 2 3 -zu ] (Auth: HRS §103F-106) (Imp: HRS§103F-402)

§3-143-206 Single or multiple awards. (a)Under a competitive purchase of services, thepurchasing agency may either award a single contractto the applicant that submitted the proposal rankedmost advantageous under the evaluation process, ormake a multiple award as provided in this section.

(b) Multiple award defined. A multiple award isan award of multiple contracts to a number ofproviders that will, as an aggregate, provide theservices required in the request for proposals.

(c) Reference to multiple award in request forproposals. If a multiple award is anticipated priorto issuing a request for proposals, the purchasingagency shall reserve the right to make the award, andthe criteria for multiple awards shall be stated inthe request for proposals. Criteria may include, butis not limited to geographic areas, target population,or services.

(d) Conditions for multiple award. A multipleaward may be made whenever the purchasing agency deemsthat it is in the best interests of the state. Onlythe providers whose proposals are evaluated as themost advantageous over-all, by geographical area, orby other criterion explained in the request forproposals, shall be considered for a multiple award.If, for example, a multiple award is to be made to twoproviders, then only the providers with the twohighest-ranked proposals may be considered, and so on.

(e) Forbidden justifications for multiple awardcontracts. Multiple award contracts shall not be madefor any of the following reasons:

(1) When a single award will meet the purchasingagency's needs without sacrifice of economyor service; or

143-11

2 6 n

§3-143-206

(2) Any reason in frustration of these rules, orchapter 103F, HRS. [Eff 6/19/99; am andcomp

JAN 2 3 2006 ] (Auth: HRS §103F-106) (Imp: HRS §103F-402)

§3-143-207 Modifications before contract execution. After the notice of award is issued andbefore execution of a contract, the purchasing agencymay seek to make final modifications to a proposalthrough discussion, as provided under section 3-143-404, or through a partial rejection, as_pxQxided undersection 3-143-611. [Eff and comp JAN 2 3 'au(Auth: HRS §103F-106) (IMP: HRS §103F-402)

SUBCHAPTER 3

CONTENT REQUIREMENTS

§3-143-301 Addenda to requests for proposals.(a) Amendments, corrections, and clarifications torequests for proposals shall be made by addendum, andmay be made at any time prior to the submittaldeadline. Addenda may also be made prior to finalrevised proposals pursuant to subsection (e).

(b) Form of addenda and procedure fordistribution. Every addendum shall reference theportions of the original request for proposals that itamends, and shall set forth in full all amendments,corrections, and clarifications to the request forproposals. In accordance with paragraph (d) or (e),the purchasing agency shall notify, and distribute ormake the addendum available to all prospectiveapplicants known to have received a request forproposals, and may require that prospective applicantsacknowledge receipt of the addendum issued.

(c) Permitted uses of addenda. Addenda may beused for any reasonable purpose in furtherance of theprocurement process, including but not limited to:

143-12

§3-143-301

(1) Making changes in the terms of the requestfor proposals, including but not limited tochanges in quantity, service description,timeline, scope of service, or proposaldeadline;

(2) Correcting mistakes or resolvingambiguities;

(3) Insuring that all applicants receivematerial information that may have arisenduring the course of discussions of therequest for proposals; and

(1) Providing any other information orclarification to the request for proposalsthat will promote fair competition amongapplicants.

(d) Addenda issued prior to proposal submittaldeadline. Addenda shall be distributed or madeavailable at least ten working days before thesubmittal deadline, or within a sufficient time beforethe submittal deadline to allow prospective applicantsto consider them in preparing their proposals. If thesubmittal deadline for the request for proposals willnot permit such adequate time, the purchasing agencyshall include in the addendum an amendment to extendthe submittal deadline accordingly. In order to allowadequate time, the purchasing agency may also includein the addendum amendments to allow electronicsubmission of proposals in accordance with section 3-143-502.

(e) Addenda issued after submittal deadline.Addenda may be issued after the submittal deadline forthe purposes of clarification, correction, to makemodifications that do not constitute a material changeto the request for proposals, as defined in section 3-143-403(e), or for best and final revised proposals.Addenda shall be distributed to all responsive andresponsible applicants who submitted a proposal. Ifthe purchasing agency is requesting for final revisedproposals, the time for distribution shall be at leastfive working days or a sufficient time prior to thesubmittal deadline to allow applicants time toconsider the addenda in preparing their final revised

143-13

§3-143-301

proposals. Addenda for best and final revisedproposals shall be done in accordance with section 3-143-607. [Eff 6/19/99; am and compoN 2 3 2006'(Auth: HRS §§103F-106, 103F-407) mp: HRS §§103F-402, 103F-407)

§3-143-302 Service specifications for requests for proposals. (a) In order to promote uniformity inthe field of health and human service procurement,service specifications contained in requests forproposals shall be written in accordance with thissection.

(b) Contents of service specifications. Servicespecifications shall address in detail each of thefollowing items and if an item is not applicable tothe 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 criteriafor the multiple award, if applicable;

(11) Specify whether single- or multi-termcontracts are to be awarded and define theterms, including but not limited to initialcontract term and conditions for extension;multi-term contracts shall be in accordancewith section 3-149-302;

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,

§3-143-302

(12) Specify reporting requirements for programand fiscal data, and provide sample formsand instructions, as available orappropriate;

(13) Identify minimum or mandatory administrativerequirements;

(14) Identify minimum or mandatory personnelrequirements;

(15) Specify pricing or pricing methodology to beused, as applicable; and

(16) Specify the method or procedure forcompensation or Joycnt. [Eff 6/19/99; amand comp OAN 2 3 ] (Auth: HRS§§103F-106, 103F-301) (Imp: HRS §§103F-301, 103F-402)

§3-143-303 Notice of award. (a) Each notice ofaward issued pursuant to section 3-143-205(1) orsection 3-143-607(d) shall contain a statement offindings and decision that includes the followinginformation:

(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 theaward or non-award to the applicant to whomthe notice is being sent; and

(5) A copy of the proposal evaluation worksheetof the applicant to whom the notice is beingsent.

(b) Distribution of notice. The notice of awardto each responsive and responsible applicant shall besent by United States mail and may also be sentelectronically, including but not limited to facsimiletransmission, upon completion of the evaluationprocess. [Eff 6/19/99; am and comp JAN 232008(Auth: HRS §103F-106) (Imp: HRS

143-1512

6

§3-143-401

SUBCHAPTER 4

ALLOWABLE COMMUNICATIONS

§3-143-401 Discussions with applicants allowedbefore submittal deadline. (a) Before the submittaldeadline, a purchasing agency may engage indiscussions with applicants as provided in thissection as often as the purchasing agency deemsnecessary or convenient.

(b) Purpose of discussions. Discussions may beconducted under this section in order to promoteunderstanding of a purchasing agency's requirements.

(c) Procedure for conducting discussions. Thepurchasing agency shall establish procedures andschedules for conducting material discussions underthis section that will insure the reasonably fair andequal treatment of all prospective applicants.

(d) Modification or cancellation of request forproposals for material change. In response to mattersraised during discussions conducted under thissection, a purchasing agency may modify or cancel itsrequest for proposals as provided herein.

(1) If a proposed modification does notconstitute a material change in the natureof the request for proposals, then thepurchasing agency may issue a writtenaddendum in accordance with section 3-143-301.

(2) If a proposed modification does constitute amaterial change in the nature of the requestfor proposals, then the purchasing agencymay cancel the request for proposals inaccordance with section 3-143-613, and a newrequest for proposals may be issued.

(e) Material change defined. For purposes ofthis section, a material change in the nature of arequest for proposals is one that would alter areasonable potential applicant's decision not tosubmit a proposal.

143-1661,I.'

§3-143-401

(f) Confidentiality of proposed proposalcontents. To prevent disclosure of proposed proposalcontents to competing applicants, any informationdisclosed by the prospective applicant about theirproposed proposal shall be confidential in accordancewith section 3-143-604 during the course of anydiscussions conducted under this section. [Eff6/19/99; am and comp JAN 2 3 2006 ] (Auth: HRS§§103F-106, 103F-402) (Imp: HRS §103F-402)

§3-143-402 Submission of questions before submittal deadline. (a) Before the submittaldeadline, an applicant may submit questions to thepurchasing agency for clarification or explanation ofany point in a request for proposals.

(b) Procedure for submitting questions.Questions shall be submitted to the purchasing agencyin writing, identifying the questioner and clearlyreferencing the request for proposals. To the extentpossible, questions shall be transmitted to thepurchasing agency within a reasonable time before thesubmittal deadline to allow the purchasing agency timeto consider the questions and distribute answers.

(c) Purchasing agency response. The purchasingagency shall promptly respond to written questionsposed under this section by an addendum to the requestfor proposals, as provided under section 3-143-301.All prospective applicants who submitted questions andprospective applicants who are known to have obtaineda copy of the request for proposals, shall be notifiedof the addendum's availability, and to the extentpracticable, a copy of the addendum may also be mailedor sent electronically. All written clarificationsshall be made available on a website identified in therequest for proposals and at the same location orlocations where propo

Oths2nindbre submitted. [Eff

6/19/99; am and comp fl ] (Auth: HRS§103F-106) (Imp: HRS §103F-402)

143-17 4rz

§3-143-403

§3-143-403 Discussions with applicants aftersubmittal deadline. (a) After the submittaldeadline, the purchasing agency may engage indiscussions with applicants as provided in thissection as often as the purchasing agency deemsnecessary or convenient.

(b) Allowed purposes for discussion.Discussions may be held under this section for thepurposes of:

(1) Clarifying elements of the request forproposals or the proposal;

(2) Facilitating the refinement of proposals toproduce the contract that will be mostadvantageous to the state in light of theevaluation criteria set forth in the requestfor proposals; or

(3) Negotiation with providers to arrive at amore advantageous set of proposals for thestate to consider.

(c) Procedure for conducting discussions. Thepurchasing agency shall establish procedures andschedules for conducting discussions under thissection that will insure the reasonably fair and equaltreatment of all applicants.

(d) Modification or cancellation of request forproposals for material change. In response to mattersraised during discussions conducted under thissection, a purchasing agency may modify or cancel itsrequest for proposals as provided herein.

(1) If a proposed modification does notconstitute a material change in the natureof the request for proposals, then thepurchasing agency may issue a writtenaddendum in accordance with section 3-143-301.

(2) If a proposed modification does constitute amaterial change in the nature of the requestfor proposals, then the purchasing agencymay cancel the request for proposals inaccordance with section 3-143-613, and a newrequest for proposals may be issued.

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t:

§3-143-403

(e) Material change defined. For purposes ofthis section, a material change in the nature of arequest for proposals is one that would alter areasonable applicant's decision not to have submitteda proposal.

(f) Confidentiality of proposal contents duringdiscussions. The confidentiality of the contents ofindividual proposals shall be maintained in accordancewith section 3-143-604 during the course of anydiscussions conducted under this section in order toprevent the disclosure of such contents to competingapplicants. [Eff 6/19/99; am and comp Atings3(Auth: HRS §§103F-106, 103F-402) (Imp: F-402)

§3-143-404 Discussions with applicants after notice of award and before contract execution. (a)After the notice of award is issued, the purchasingagency or a secondary purchaser may have furtherdiscussions in accordance with this section in orderto negotiate a more advantageous contract for thestate.

(b) Scope of discussions. Discussions conductedunder this section shall be limited in scope to thefollowing:

(1) Contractual terms and conditions notspecifically addressed in the request forproposals that would not constitute amaterial change to the proposals; and

(2) Contractual terms and conditions which aresubstantially the same or that do notconstitute a material change to theproposal.

(c) Material change defined. For purposes ofthis section a material change to a proposal is onethat would have adversely affected the proposal'srating during the evaluation process.

(d) Procedure for conducting discussions. Thepurchasing agencies shall establish procedures andschedules for conducting discussions under this

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2 6 9 0

§3-143-404

section. [Eff 6/19/99; am and comp JAN 9 MOD

(Auth: HRS §103F-106) (Imp: HRS §103F-402)

CHAPTER 5

EXPEDITING PROCEDURES

§3-143-501 Repealed. [R JAN 2 3 200a

§3-143-502 Use of electronic submission for competitive purchase of service. (a) Proposals andamendments may not be submitted to purchasing agenciesby electronic means, including but not limited tofacsimile transmission, via email or a website, exceptwhen such transmission is expressly authorized in arequest for proposals.

(b) Applicant bears responsibility fortransmission. Applicants who submit proposals oramendments by electronic means, bear the whole andexclusive responsibility for assuring that thedocuments are received by the purchasing agency andfor 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'sreceiving equipment and system may be inoperative orotherwise unavailable at the time transmission isattempted.

(c) Time of receipt. A proposal or amendmentsubmitted via telefacsimile transmission shall bedeemed received when the last page of a complete,legible copy of the document has been received by thepurchasing agency. For other electronic submittals,the purchasing agency shall establish a system, whichincludes but is not limited to an email account orwebsite that will either document time of receipt, orclose and not accept any submittals after the proposalor amendment submittal deadline. [Eff 6/19/99; am and

143-20t'23, 6 6

§3-143-502

comp JAN 2 3 2008 ] (Auth: HRS §103F-106)HRS §103F-402)

(Imp:

§3-143-503 Repealed. [R JAN 2 3 2006

§3-143-504 Submission of proposals on electronic media. (a) Proposals and amendments may not besubmitted to purchasing agencies on electronic mediaexcept when such submission is explicitly authorizedin a request for proposals.

(b) Applicant bears responsibility forsubmission. Applicants who submit proposals oramendments on electronic media bear the whole andexclusive responsibility for assuring the complete,correctly-formatted, and timely submission of theirproposals and amendments to purchasing agencies. Byopting to submit documents on electronic media,applicants assume all risk that a purchasing agency'sequipment system may be unable to read the applicant'selectronic media. [Eff 6/19/99; am and comp

JAN 2 3 2006 ] (Auth: HRS §103F-106) (Imp: HRS§103F-402)

§3-143-505 Selection of substitute provider after early termination of contract. (a) In theevent that a contract for health and human servicesawarded under this chapter is terminated before thecontract expiration date, the purchasing agency shallfollow the procedures in this section to select asubstitute provider.

(b) Initiation of new competitive purchase ofservice. To select a substitute provider, apurchasing agency may initiate a new competitivepurchase of service procurement by issuing a newrequest for proposals.

(c) Expedited procedure for selection ofsubstitute provider. If the selection of a substituteprovider through the initiation of a new competitivepurchase of service procurement is not practicable,

143-21

§3-143-505

then the purchasing agency may, if applicable,negotiate a contract with the next highest evaluatedranked applicant. If the purchasing agency andapplicant are unable to negotiate a contract, thepurchasing agency may negotiate with the next highestranking applicant, and so on. In the event that thereare no other proposals, or none of the proposals andapplicants are sufficiently advantageous, thepurchasing agency may select any provider that will bean advantageous substitute. Any contract awarded to asubstitute provider selected under this subsectionshall terminate either at the same time that theoriginal contract would have, or at the close of thefollowing fiscal year, whichever occurs sooner. [Eff6/19/99; am and comp JAN 2 3 2006 ] (Auth: HRS§103F-106) (Imp: HRS §103F-402)

SUBCHAPTER 6

MISCELLANEOUS PROCEDURES

§3-143-601 Modification, correction, orwithdrawal of proposals before submittal deadline.Applicants bear the responsibility of verifying thatthe proposal, submitted to the purchasing agency inresponse to a request for proposal, is accurate andfree of errors. Before the submittal deadline,applicants may freely and at any time modify, correct,or withdraw their submitted proposals by writtennotice to the purchasing agency, referencing theoriginal proposal and either detailing themodification, correction, or stating the intent towiAihr2w, proposal. [Eff 6/19/99; am and comp

3 n i ] (Auth: HRS §103-106) (Imp: HRS§103F-402)

§3-143-602 Proposals deemed firm offers aftersubmittal deadline. After the submittal deadline, all

143-22

2 f,

§3-143-602

proposals timely received shall be deemed to be firmoffers that are binding on the applicants for a periodof ninety days. During this period, applicants mayneither modify nor withdraw their proposals withoutwritten authorization or invitation from thepur.c,basina_2.gency. [Eff 6/19/99; am and comp

N 2 3 zuW ] (Auth: HRS §103F-106) (Imp: HRS§103F-402)

§3-143-603 Late proposals rejected. Anyproposal, withdrawal, or modification submitted afterthe submittal deadline is late and shall be rejectedon that basis. Notice of the rejection for latesubmission shall be given to the applicant, anddisposal of the rejected proposal shall be inaccordance with section 3-143-612. [Eff 6/19/99; amand comp JAN 2 3 2008 ] (Auth: §§103F-106, 103F-407) (Imp: HRS §§103F-402, 103F-407)

§3-143-604 Confidentiality and public access to documents. Prior to and after submission to apurchasing agency, the confidentiality of proposals,modifications to proposals, and withdrawals ofproposals shall be maintained in accordance with thissection.

(1) Prior to the submittal deadline, proposals,modifications to proposals, or withdrawalsof proposals shall be kept in confidence, ina secure place, and may not be inspected forpurposes of evaluation.

(2) After the submittal deadline, proposals,modifications, and withdrawals may be openedand inspected only by state personnelinvolved with the procurement process anddesignated evaluation committee members.After the submittal deadline and before theaward and execution of a contract, suchdocuments shall be kept confidential toavoid disclosure of contents to competingapplicants.

143-2326 0

§3-143-604

(3) Procurement files shall be maintained andopen to public inspection as provided insection 3-143-616. [Eff 6/19/99; am andcomp JA N 2 3 2006

. ] (Auth: HRS §103F-106) (frilp: HRS §103F-402)

§3-143-605 Multiple proposals and alternate proposals. (a) An applicant may not submit multipleproposals or alternate proposals unless the requestfor proposals specifically authorizes multipleproposals or alternate proposals.

(b) Rejection of multiple proposals andalternate proposals. When no specific authorizationfor multiple proposals or alternate proposals isgiven, all such proposals from a single applicantshall be rejected unless one of the proposals isclearly designated as the primary proposal. In such acase, the designated primary proposal shall beretained and evaluated, and all others shall berejected and disposed of in accordance with section 3-143-612.

(c) Treatment of authorized multiple proposalsand alternate proposals. Whenever a request forproposals authorizes multiple proposals or alternateproposals, the request for proposals shall also detailthe treatment of such proposals for purposes ofevaluation and contract award. [Eff 6/19/99; am andcomp JAN 2 3 2OO j (Auth: HRS §103F-106) (Imp:HRS §§103F-402, 103F-407)

§3-143-606 Correction of errors after submittal deadline. After the submittal deadline, only patenterrors may be corrected as provided in this section.

(1) Patent error defined. A patent error is anerror that would be readily ascertainable bya reasonably knowledgeable person in thefield of health and human services.Depending on the circumstances, patenterrors may include, but are not limited toarithmetical errors, typographical errors,

143-24

12 6

§3-143-606

transpositionsignatures.

(2) Correction ofpatent error,error in thefollowing tosatisfaction:(A) That the

errors, and omitted

patent error. To correct aan applicant must identify the

proposal, and establish thethe purchasing agency's

error identified is a patenterror;

(B) That the proposed correctionconstitutes the information intended atthe time the proposal was submitted,and not a modification of the proposalbased on information received after thesubmittal deadline; and

(C) That the proposed correction is notcontrary to the best interest of thepurchasing agency or to the fairtreatment of other applicants. [Eff6/19/99; am and comp JAN 2 3 2006(Auth: HRS §103F-106) (Imp: HRS§103F-402)

§3-143-607 Final revised proposals. a) Apurchasing agency may request applicants to submitfinal revised proposals in order to allow fair andequal opportunity to all responsive and responsibleapplicants to make a best and final offer or torespond to matters such as those raised at thediscussions.

(b) Procedure for requesting final revisedproposals. The purchasing agency shall issue to allresponsive and responsible applicants an addendum thatincludes the following information:

(1) The addendum is a request for final revisedproposals;

(2) The deadline for submission;(3) The procedure for submitting final revised

proposals if that procedure is differentfrom submitting the original proposals;

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L_ 4.4

§3-143-607

(4) Instructions that only the section orsections of each applicant's last proposalthat are amended should be submitted; and

(5) A statement that if an applicant does notsubmit a final revised proposal, then theapplicant's last proposal shall be deemed tobe the applicant's final revised proposal.

(c) Procedure for submission. Unless adifferent method is specified, final revised proposalsshall be submitted to the purchasing agency in themanner provided for the original proposals undersection 3-143-204.

(d) Notice of award after submission of finalrevised proposals. After revised final proposals arereceived, final evaluations shall be conducted, and anotice of award issued to each responsive andresponsible applicant, in accordance with section 3-143-303, unless the purchasing agency makes a writtendetermination that it is in the state's best interestto conduct additional discussions or issue a furtheraddendum to the request for proposals. [Eff 6/19/99;am and comp JAN 2 3 2006 ] (Auth: HRS §103F-106)(Imp: HRS §103F-402)

§3-143-608 Secondary purchase of competitivepurchase of service. (a) To increase the efficiencyof procurements through better planning, purchasingagencies may coordinate and combine purchases ofsimilar health and human services through primary andsecondary purchases as provided herein:

(1) After-the-fact secondary purchase. Apurchasing agency may utilize the service orpart of the service that has already beenprocured under a competitive purchase ofservice by another purchasing agency; or

(2) Planned secondary purchase. When two ormore purchasing agencies require theprocurement of substantially the same healthand human services, they may combine theirrequirements and issue a single request forproposals.

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§3-143-608

(b) Primary purchaser and secondary purchaserdefined. When two or more purchasing agencies combinetheir service requirements as provided in subsection(a), the purchasing agency requiring the largest shareof the services detailed in the request for proposalsshall be the primary purchaser, while the purchasingagency requiring the smaller share shall be thesecondary purchaser. A secondary purchaser's share ofthe total services to be provided in subsection (a) (1)shall not exceed thirty percent or $75,000, whicheveris lesser, unless the head of the secondary purchaserdetermines in writing that good cause exists for agreater share.

(c) Duties of primary and secondary purchasers.The primary purchaser shall have the responsibility ofcomplying with the procedures and requirements of acompetitive purchase of services, and the secondarypurchaser shall have a duty to cooperate with thereasonable requests of the primary purchaser. Boththe primary purchaser and the secondary purchasershall execute separate contracts.

(d) Approval to utilize after-the-fact secondarypurchase. When a purchasing agency decides to make asecondary purchase as provided in subsection (a)(1),the head or the procurement officer of the secondarypurchaser shall obtain written approval from theprimary purchaser's chief procurement officer toutilize the primary purchaser's procurement. Therequest shall address the following:

(1) Title and description of the service;(2) General contract information of the primary

purchaser to include name of purchasingagency, contact person, phone number, andcontract number;

(3) Identification of the provider;(4) Primary purchaser's contract period and

secondary purchaser's proposed contractperiod;

(5) Primary and secondary purchasers' contractamounts;

143-279 0

§3-143-608

(6) A statement that the service or part of theservice is the same or substantially thesame; and

(7) A description of differences between theprimary and secondary purchase, if any.[Eff 6/19/99; am and comp JAN 2 3 2006(Auth: HRS §103F-106) (Imp: HRS §§103F-301, 103F-402)

§3-143-608.1 Joint request for proposals.(a) Two or more purchasing agencies may issue a jointrequest for proposals for the purposes of coordinatingand improving the efficiency of purchasing health andhuman services when:

(1) The services are substantially the same; or(2) Purchasing a continuum of services for

clients from the same provider orcollaboration of providers is essential forthe continuity of service.

(b) In addition to the information required bysections 3-143-201 and 3-143-302, the joint requestfor proposals shall include:

(1) A statement that the request for proposalsis being issued jointly;

(2) The names of the purchasing agencies andwhich will be the lead agency;

(3) The purpose and goals of issuing the jointrequest for proposals;

(4) The role each state agency will play inevaluating proposals;

(5) The manner in which contracts will beawarded and executed. [Eff and comp

JAN 2 3 2006 ] (Auth: HRS §§103F-106)(Imp: HRS §§103F-301, 103F-402)

§3-143-609 Inadequate response to request forproposals. (a) Whenever a request for proposalsgenerates an inadequate response, the purchasingagency that issued the request for proposals may use

143-282 6 ,

§3-143-609

the simplified procedures in this section to completethe procurement.

(b) Inadequate response defined. An inadequateresponse to a request for proposals exists when:

(1) There is only one proposal that is bothresponsive to the request for proposals andsubmitted by a responsible provider;

(2) All proposals that were received are eithernot responsive to the request for proposals,or were not submitted by responsibleproviders; or

(3) There are no responses at all to the requestfor proposals.

(c) Treatment of a single proposal. When thereis only one proposal that is both responsive to therequest for proposals and submitted by a responsibleprovider, the purchasing agency may respond by takingany of the following actions:

(1) Cost analysis. The purchasing agency mayrequire a cost analysis to validate theproposal's cost factors including cost orpricing data.

(2) Award. The purchasing agency may make anaward to the single applicant if it isdetermined that:(A) The proposal's terms are reasonable and

satisfactory to the purchasing agency;and

(B) The required time period from therelease date of the request forproposals to the submittal deadlineprovided other prospective applicantswith a reasonable opportunity torespond.

(3) Rejection. The purchasing agency may rejectthe proposal if the conditions of paragraph(2) are not met, and either issue a newrequest for proposals, or cancel theprocurement altogether.

(4) Direct negotiations. The purchasing agencymay negotiate directly with the applicant

143-296,9 0

§3-143-609

upon a written determination by thepurchasing agency that:(A) The need for the service continues;(B) The single proposal is not satisfactory

and reasonable; and(C) There is no time to issue a new request

for proposals or re-solicitation wouldlikely be futile.

(d) No useful response to request for proposals.If no proposals are received that are both responsiveto the request for proposals and submitted by aresponsible applicant, or if no proposals are receivedat all, then the purchasing agency may respond bytaking any of the following actions:

(1) Reissue. The purchasing agency may reissuethe request for proposals.

(2) Alternate service delivery. The purchasingagency may select an alternate method ofservice delivery and issue a new request forproposals.

(3) Cancellation. The purchasing agency maycancel the procurement altogether.

(4) Selection without competition. Thepurchasing agency may select a providerwithout further solicitation upon making awritten determination that it is neitherpracticable nor advantageous to issue a newrequest for proposals based on aconsideration of the following factors:(A) Competition in the marketplace;(B) Whether the additional potential cost

of preparing, soliciting, andevaluating competitive purchase ofservice proposals is expected to exceedthe benefits normally associated withthe solicitation; and

(C) Any other factors that the purchasingagency deems relevant to thisdetermination. [Eff 6/19/99; am andcomp JAN 2 3 2006 ] (Auth: HRS§§103F-106, 103F-407) (Imp: HRS§§103F-402, 103F-407)

26 - r 143-30

§3-143-610

§3-143-610 Rejection of proposals. (a) Inaddition to any other basis for mandatory rejectionestablished elsewhere in this chapter, proposals shallbe rejected for reasons including, but not limited to:

(1) Proposal not responsive. Any proposal thatis not responsive to the request forproposals because of its failure to conformin all material respects to the request forproposals including, but not limited to, theservice specifications or other evaluationcriteria shall be rejected; or

(2) Applicant not responsible. Any proposalsubmitted by an applicant that is found notto be a responsible provider shall berejected.

(b) Notice of rejection. Whenever anapplicant's proposal has been rejected under theserules, notice of the rejection shall be sent to theapplicant by United States mail that states thereasons fo rejection. [Eff 6/19/99; comp

JAN 2 3 20u6 ] (Auth: HRS §§103F-106, 103F-407)(Imp: HRS §§103F-402, 103F-407)

§3-143-611 Modification of proposal by partial rejection. (a) A purchasing agency may, inaccordance with this section, partially reject anyproposal or combination of proposals and requestproposal modifications to be done that are in the bestinterests of the state.

(b) Conditions for partial rejection. Apurchasing agency may only partially reject anyproposal or combination of proposals if the followingconditions are met:

(1) The proposal or combination of proposals hasbeen determined under the evaluation processto be the most advantageous; and

(2) The modifications proposed by the purchasingagency will not render the proposal orproposals less advantageous.

(c) Procedure and notice for partial rejection.Upon the determination that a proposal is eligible for

143-3126 9 0

§3-143-611

partial rejection, the purchasing agency shall givethe applicant that submitted the proposal notice ofpartial rejection. The notice of partial rejectionshall contain the following information:

(1) Identification of the proposal; and(2) A statement of the proposed modifications to

the proposal.(d) Partial rejection not binding unless

approved. A notice of partial rejection shall not beconstrued to bind an applicant unless the applicantapproves in writing the modifications proposed in thenotice. If the modifications as proposed in thenotice are not acceptable to the applicant, then theapplicant may make a counter-proposal to thepurchasing agency and negotiate a set of modificationsmutually acceptable to both parties.

(e) Incorporation in proposal. Upon approval byboth the purchasing agency and the applicant, theproposed modifications shall be incorporated into theapplicant's proposal in a manner mutually acceptableto both parties. [Eff 6/19/99; am and comp

JAN 2 3 2006 ] (Auth: HRS §§103F-106, 103F-407)(Imp: HRS §§103F-402, 103F-407)

§3-143-612 Disposition of rejected proposals.Whenever a proposal is rejected pursuant to sections3-141-201, 3-141-202, 3-143-603, 3-143-605, 3-143-610,or 3-143-613, the purchasing agency may discard therejected proposal thirty days after its rejection.Before disposal, the applicant may retrieve theproposal from the purchasing agency. (Eff 6/19/99; amand comp JAN 2 3 2006 ] (Auth: HRS §103F-106)(Imp: HRS §103F-402)

§3-143-613 Cancellation of request for proposals.(a) A request for proposals may be canceled at anytime for any of the following reasons:

(1) The purchasing agency no longer requires theservice;

143-32(2

§3-143-613

(2) The purchasing agency no longer canreasonably expect to fund the service;

(3) Proposed amendments to the request forproposals would be of a magnitude that a newrequest for proposals is desirable;

(4) A determination by the chief procurementofficer that a cancellation of the requestfor proposals is in the public interest; or

(5) Any other reason determined by thepurchasing agency to constitute good causefor the cancellation.

(b) Cancellation between submittal deadline andaward. A request for proposals may be canceled afterthe submittal deadline but before the award of acontract for any of the following reasons:

(1) Ambiguous or otherwise inadequate servicespecifications were part of the request forproposals;

(2) The request for proposals did not providefor consideration of all factors ofsignificance to the purchasing agency;

(3) No adequately responsive proposals werereceived;

(4) There is reason to believe that theproposals submitted to the purchasingagency:(A) May not have been independently arrived

at by open competition;(B) May have been collusive; or(C) May have been submitted in bad faith.

(5) A determination by the chief procurementofficer that a cancellation of the requestfor proposals is in the public interest; or

(6) Any other reason determined by thepurchasing agency to constitute good causefor the cancellation.

(c) Notice of cancellation. A notice ofcancellation shall be sent to all applicants orprospective applicants, and shall include thefollowing information:

(1) Identification of the particular request forproposals;

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69 0

§3-143-613

(2) A brief explanation of the reason or reasonsfor cancellation;

(3) Where appropriate, a statement that anopportunity will be given to compete on anyresolicitation or any future procurements ofsimilar services; and

(4) Any other information deemed necessary oradvisable by the purchasing agency.

(d) Record of cancellation. A written statementof the reasons for cancellation shall be made a partof the procurement file and shall be available forpublic inspection.

(e) Proposals deemed rejected upon cancellation.Upon cancellation of a request for proposals, allproposals received from applicants shall be deemedrejected without further action from the purchasingagency and shall be disposed of in accordance withsection 3- .143-612. [Eff 6/19/99; am and comp

JAN 2 3 21-JOU ] (Auth: HRS §§103F-106, 103F-407)(Imp: HRS §§103F-402, 103F-407)

§3-143-614 Applications for federal funding.(a) Applying for federal funds from a federal fundingsource to provide health and human services shall notexempt 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 specifyany particular provider by federal law or in thefederal grant award to the state, competitive purchaseof service shall be used unless an alternate method,as allowed by statute or rules, is determined to bemore appropriate and advantageous to the state.

(c) Special procedures authorized. In certaincircumstances, the usual sequence of the competitivepurchase of service process may be modified. To applyfor and receive federal funds, it is often requiredthat the state submit an application to the federalfunding source describing the use of such funds, andin some cases, identifying a specific provider orproviders. To assess and consider interested or

143-34

§3-143-614

prospective applicants for inclusion in the state'sapplication for federal funding and to fulfill theprocurement requirements, purchasing agencies mayutilize a request for information as established insection 3-142-202 prior to applying for or receivingthe federal funding. The selected provider orproviders may be included in the state's applicationto the federal funding source.

(d) Selection of provider for federalapplication. The selection of a provider or providersfor inclusion in the purchasing agency's applicationfor federal funding shall be based on the criteria andrequirements established in the request forinformation, or the discretion of the head of thepurchasing agency. Written justification for theprovider(s) selected shall be included in theprocurement file.

(e) Construction of section. Nothing in thissection shall be construed to disqualify a purchasingagency from receiving federal funds. [Eff 6/19/99; amand comp JAM 2, .3 2outi ii (Auth: HRS §103F-106)(Imp: HRS rnluJF-101, 103F-402)

§3-143-615 Register of proposals. Ten workingdays, or a reasonable time after the submittaldeadline, a register of proposals shall be preparedand made available to the public. The register shallinclude 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. [Eff 6/19/99; comp JAN 2 3 A6(Auth: HRS §103F-106) (Imp: HRS §103F-402)

§3-143-616 Public inspection of competitive purchase of service records. (a) The procurementfile for every competitive purchase of serviceprocurement shall be available for public inspection,to the extent permitted under current law governing

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§3-143-616

information practices, after execution of a contractby all parties.

(b) Keeping of file and contents. Purchasingagencies shall maintain files for every competitivepurchase of service procurement that they conduct.The file shall contain all records that the purchasingagency keeps that are connected to the procurement,award, or servicing of a contract. At a minimum, therecords kept in the file shall include but not belimited to the following:

(1) The register of proposals prepared pursuantto section 3-143-615;

(2) A listing of all known service providers towhom copies of the request for proposalswere distributed;

(3) Names of successful applicants and dollaramounts requested, as applicable;

(4) The basis on which the award or awards weremade;

(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

proposalgs, A (Eff 6/19/99; am and compJAN 2 3 zu0o ] (Auth: HRS §103F-106)

(Imp: HRS §103F-402)

§3-143-617 Repealed. (R JAN 2 3 2006

§3-143-618 Repealed. [Rrtl 2 3 2006 AN

§3-143-619 Competitive purchase of service record of procurement actions. (a) The procurementofficer of the purchasing agency shall maintainrecords by fiscal year of all competitive purchase ofservice procurements made for a minimum of the pastfive fiscal years.

(b) Reporting of competitive purchaseprocurements. As determined by the administrator, the

143-36‘;,'

§3-143-619

heads of purchasing agencies shall report to theadministrator all competitive purchase of serviceprocurements made by their respective agencies in theformat prescribed by the administrator.

(c) Annual consolidated reports. Theadministrator shall make a consolidated report of allcompetitive purchase of service procurements madeduring the immediately preceding fiscal year. A copyof this report shall also be sent to the procurementpolicy board. [Eff 6/19/99; am and comp

3 2006N 2 ] (Auth: HRS §103F-106) (Imp: HRS§§103F-301, 103F-402)

143-37

,•Ij4, •

Amendments to and compilation of chapter 3-143,title 11, Hawaii Administrative Rules, on the SummaryPage dated December 29, 2005 were adopted onDecember 29, 2005 following a public hearing held onNovember 30, 2005 in Honolulu, Hawaii; and via videoconference from Honolulu, Hawaii on November 30, 2005to Hilo, Hawaii; Wailuku, Maui; and Lihue, Kauai;after public notice was given in the Honolulu Star-Bulletin, Hawaii Tribune-Herald, West Hawaii Today,The Maui News, and The Garden Island on October 28,2005.

They shall take effect ten days after filing withthe Office of the Lieutenant Governor.

GREGORY L. KINGChairpersonProcurement Policy Board

/0elle-1 4LIA4-4 RUSS K. SAITOState Comptroller

LINDA LINGLEGovernorState of Hawaii

Dated: ,z AR Jt JL ZIW

Filed

-

e,

143-38

APPROVED AS TO FORM:

//i/C-n_a/4-Nn

Deputy Attorney General

143-39