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Sole Source Method of Procurement Pursuant to HRS Chapter 103D

This method of procurement is used when there is only one source.

 

Determination for Use

There is only one source for the good, service or construction; and either 
  • Approved for Sole Source by Procurement Policy Board (HAR Section 3-122-81(j)); or
  • Approved in writing by the chief procurement officer.
Basis for Award Approved single source at agreed upon price.
Brief Description of Procedures

Procurement Officer determines a procurement may qualify as sole source. Procurement Officer checks the current List of Procurements Approved by the Procurement Policy Board as Sole Source per Chapter 3-122 Exhibit ?.

If not on the list, a form SPO-001 Notice and Request for Sole Source Procurement is completed including justification, signed and submitted by the head of the purchasing agency to the chief procurement officer.

The chief procurement officer posts the notice, reviews the request and posts the approval/disapproval on the SPO website. The CPO will not issue any action to approve until 7 days after posting of the notice, to allow time for objections.

Awards are posted on the Awards reporting site by the department within 7 days of award.

Monetary Cap In accordance with the approved sole source and contract. Awards over $100,000 require cost or pricing data (HAR Section 3-122-123)
Term Limit 1 Year
Public Notice

Chief Procurement Officer posts the notice of sole source for a minimum of 7 days before approval action by chief procurement officer.

Public Notice of Award Required.  Awards of $2,500 and greater must be posted to Awards Reporting Website (Executive Branch) within 7 days of award.
Objections/Protest

Inquiries or objections shall be submitted in writing as stated in the Notice of Sole Source.

Protest of an award: shall be submitted in writing within 5 working days of posting of award. (HAR Section 3-126-4 )

Stay of Procurement: Once filed, no further action shall be taken on the procurement until the protest has been settled. (HAR Section 3-126-5)

(Reference: HRS 103D-701)

Preferences Preferences do not apply.
Electronic Procurement System Not used for this method of procurement at this time.



 

Reference

Hawaii Revised Statutes (HRS)

 

Hawaii Administrative Rules (HAR)

HAR Chapter 3-122, Subchapter 9 Sole Source Procurement

HAR  All Chapters

ChapterTitle
3-120 General Provisions
3-121 Procurement Organization
3-122 Source Selection and Contract Formation
3-123 Cost Principles
3-125 Modifications and Terminations of Contracts
3-126 Legal and Contractual Remedies
3-128 Governmental Relations and Cooperative Purchasing
3-131 Compliance
3-132 Value Engineering Incentives in Construction Contracts

 

Procurement Circulars

NumberTitle
2011-06 Hawaii Administrative Rules (HAR) Chapter 3-125 Modifications and Terminations of Contracts
2011-04 Hawaii Administrative Rules (HAR) for Chapter 3-120, General Provisions
2010-06 Notice of Suspension for Yama's Roofing, Inc.
2010-02 2010 Procurement Related Legislation
2010-01 Posting Procurement Awards, Notices and Solicitations (PANS)
2009-16 ACT 175, SLH 2009: PART III, SECTIONS 7, 9 and 10 Procurement Protests and Dispute
2009-08 ACT 175, SLH 2009: PART II, SECTION 3 - Guidance on Procurement of Fresh Meats and Produce, and Animals and Plants
2008-09 SPECIFICATIONS Pursuant to HRS Chapter 103D, Part IV, and HAR, Chapter 3-122, Subchapter 3
2007-05 Bid Security, Contract Performance and Payment Bonds
2006-09 Cooperative Purchasing Agreement Compliance Requirements
2006-02 Campaign Contributions by State and County Contractors Section 11-205.5, Hawaii Revised Statutes
2005-04 as amended Hawaii Compliance Express (HCE)
2002-06 Implementation of the Hawaii Supreme Court's January 28, 2002 Decision in the Okada Trucking Case
2001-12 Rescission of the Corporate Resolution and Corporate Seal Requirements for Contract
1999-03 Act 162, SLH 1999 (S.B. 1101) on Remedies of Part VIII, Chapter 103D, HRS
1997-05 Requirements Contracts

 

Procurement Directives

2007-02 Bid Security, Contract Performance and Payment Bonds

2003-02 Qualification Questionnaire

 

See also

Comptroller Memoranda

 

 

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