Title 9, Public Property, Purchasing And Contracting

PART I. GENERAL PROVISIONS §103F-101 Application of this chapter. (a) This chapter shall apply to all contracts made by state agencies and may be used by county agencies to provide health or human services to Hawaii's residents; provided that this chapter shall not apply to: (b) …

[§103F-102] Definitions. As used in this chapter, unless the context clearly requires otherwise: "Administrator" means the administrator of the state procurement office. "Agency" means any department, authority, commission, council, board, committee, institution, legislative body…

[§103F-103] Education and training. The administrator of the state procurement office, either alone or in cooperation with the heads of the purchasing agencies, may develop a comprehensive education and training program for the purchase of health and human services. The program s…

[§103F-104] Exemption from chapter 103D. Contracts to purchase health and human services required to be awarded pursuant to this chapter shall be exempt from the requirements of chapter 103D, unless a provision of this chapter imposes a requirement of chapter 103D on the contract…

[§103F-105] Preventing impairment of federal funds. This chapter shall be liberally construed to not hinder or impede a state agency's application for, or receipt and use, of federal funds. [L 1997, c 190, pt of §2]

§103F-106 Authority of the procurement policy board. The policy board established under section 103D-201 shall adopt all rules necessary to implement this chapter. All rules shall be adopted in accordance with chapter 91. The policy board shall consider and decide matters of poli…

[§103F-107] Medicaid contracts; nonprofits and for-profits; reporting requirements. (a) All nonprofit or for-profit medicaid healthcare insurance contractors, within one hundred and eighty days following the close of each fiscal year, shall submit an annual report to the departme…

PART II. PLANNING ORGANIZATION [§103F-201] Interagency committee on purchase of health and human services. The administrator shall establish an interagency committee on purchase of health and human services comprised of heads of purchasing agencies or their designated representat…

§103F-203 Participation of providers. (a) Prior to a state agency's release of a request for proposal under section 103F-402, at the request of the agency, a provider shall participate in the agency's development of a delivery plan for health and human services, including, as nec…

PART III. PROCUREMENT ORGANIZATION §103F-301 Powers and duties of the administrator. The administrator of the state procurement office shall carry out the following duties:

[§103F-302] Delegation of authority of the administrator of the state procurement office. Subject to rules adopted pursuant to this chapter, the administrator may delegate any authority or responsibility conferred by this chapter to a head or the heads of purchasing agencies. [L …

PART IV. SOURCE SELECTION AND CONTRACT FORMATION [§103F-401] Methods of selection. Unless otherwise provided by law, all contracts for purchases of health and human services shall be awarded by competitive purchase of services pursuant to section 103F-402, except as provided in:

§103F-402 Competitive purchase of services. (a) State agencies to which the legislature has appropriated funds for the purchase of health and human services shall solicit proposals to provide health and human services by purchase of health and human services contracts, by publish…

[§103F-403] Restrictive purchase of services. (a) A contract for the purchase of health and human services may be awarded without competition when the head of a purchasing agency determines in writing that there is a basis for restricting the purchase to a purchase from one provi…

§103F-404 Treatment purchase of services. (a) Treatment services may be purchased in accordance with this section if the following circumstances apply: (b) The head of the purchasing agency or the purchasing agency's designee shall, at a minimum, publish a notice describing the t…

§103F-405 Small purchases. Purchases of health and human services for an amount less than the threshold established in section 103D-305(a) for goods and services are small purchases, and shall be made in accordance with rules adopted by the policy board. [L 1997, c 190, pt of §2;…

[§103F-406] Crisis purchase of services. (a) The head of a purchasing agency may contract to purchase health and human services essential to meet a crisis by means other than specified in this chapter if: (b) The crisis purchase of services shall be made with such competition as …

[§103F-407] Amendment and cancellation of requests. A request may be amended or canceled, or any or all proposals may be rejected in whole or in part, as specified in the request or in accordance with rules adopted by the policy board, when it is in the best interest of the state…

[§103F-408] Modification and termination of contracts. (a) The policy board shall adopt rules specifying when a contract clause providing for adjustments in time of performance, scope of service, payment amount and terms, or other contract provisions as appropriate, by prior writ…

§103F-409 Types of contracts. (a) Any contract that will promote the State's best interests may be used. (b) A standard contract form for health and human services, including purchases and grants, shall be provided to governmental bodies by the attorney general that may be utiliz…

[§103F-410] Multi-term contracts. A contract for health and human services may be for any period of time and for multiple terms if the head of a purchasing agency deems it to be in the best interest of the purchasing agency to enter into an extended term or multi-term contract, p…

[§103F-411] Multiple awards. Most contracts for the competitive purchase of health and human services will be through the award of multiple contracts, and the policy board shall adopt rules prescribing the manner in which multiple contracts are to be awarded. [L 1997, c 190, pt o…

[§103F-412] Time line. At least once annually, the administrator shall give public notice, as provided by rules, of the types of health and human services state agencies anticipate they will need so that providers may have advance notice of possible future opportunities to submit…

[§103F-413] Interim measure for assuring continuation of services. If funds are appropriated and available, the chief procurement officer, or a designee, may extend the term of a contract which has not terminated for up to six months after the termination date of the contract, to…

[§103F-414] Allotment. Contracts to expend and appropriations for the purchase of health and human services shall be subject to the allotment system generally applicable to all appropriations made by the legislature. [L 1997, c 190, pt of §2]

PART V. PROTESTS [§103F-501] Protested awards. (a) A person who is aggrieved by an award of a contract may protest a purchasing agency's failure to follow procedures established by this chapter, rules adopted by the policy board, or a request for proposals in selecting a provider…

[§103F-502] Right to request reconsideration. (a) A request for reconsideration of a decision of the head of the purchasing agency under section 103F-501 shall be submitted to the chief procurement officer not later than five working days after the receipt of the written decision…

[§103F-503] Award of contract suspended during a protest. In the event of a timely protest, or request for reconsideration, no further action to award the contract until the issue is resolved shall be taken, unless the chief procurement officer makes a written determination that …

[§103F-504] Exclusivity of remedies. The procedures and remedies provided for in this part, and the rules adopted by the policy board, shall be the exclusive means available for persons aggrieved in connection with the award of a contract to resolve their concerns. [L 1997, c 190…