Restrictive Purchase of Services Method of Procurement -Health & Human Services

None of the following alone shall constitute an adequate basis for a restrictive purchase of services: 1) the fact that a particular provider is or has been furnishing services to a purchasing agency; 2) the potential loss of funds at the end of a fiscal year; or 3) a purchasing agency's failure to plan ahead sufficiently in order to issue a request for proposals.

Determination for Use	Includes, but is not limited to: Need for a service in a geographic area available from only one provider. Need for a service with a unique cultural approach designed for a limited target group available from only one provider. Only one provider satisfies limitations imposed by funding source.
Basis for Award	Written approval by chief procurement officer.
Brief Description of Procedure	The head of the purchasing agency submits a written notice and request for restrictive purchase of service to the chief procurement officer. Upon receipt by the chief procurement officer, the notice and request shall be posted on a central website for a minimum of seven days before any approval action is taken. After the notice has been posted for seven days, the chief procurement officer shall review the request. If approved, no action to award the contract shall take place until two days after the protest submittal deadline. The status of the request shall be posted to the website where the request and notice are posted.
Monetary Cap	Limited to availability of funds.
Contract Term Limits	Two years or, upon finding of good cause by the chief procurement officer, three years.
Public Notice of Solicitation	Public notice of intention to utilize a restrictive or sole source contract must be posted.
Public Notice of Award	Required. Must be posted to Awards Reporting Website (Executive Branch) within 7 days after award. Shall include service title and list from which the provider was selected, amount awarded, contract term, and names of any other providers on the list that were contacted in conjunction with the procurement
Protest	The following may be protested:
Electronic Procurement System	Restrictive Method of Procurement is not being issued on the Hawaii eProcurement System (HePS) at this time.

More Information

Reference

HRS Chapter 103F Purchases of Health and Human Services (Table of Contents) (Links to Sections)

HRS 103F-403 Restrictive Purchases of Services

Hawaii Administrative Rules (HAR) Chapters 3-140 to 3-149

All chapters apply

HAR Chapter 3-144 Restrictive Purchase of Service

Procurement Circulars

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