Restrictive Purchase of 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;
  3. A purchasing agency’s failure to plan ahead sufficiently in order to issue a request for proposals.
Determination For UseIncludes, 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 AwardWritten approval by chief procurement officer.
Brief Description of ProcedureThe 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 CapLimited to availability of funds.
Term Limit of ContractTwo years or, upon finding of good cause by the chief procurement officer, three years.
Public Notice of SolicitationPublic notice of intention to utilize a restrictive contract must be posted.
Public Notice of AwardRequired. Must be posted to Awards/Contracts Reporting Website (Executive Branch) within 7 days after notice of award.
  • Includes service title, provider, amount awarded, contract term
ProtestsThe following may be protested:
  • Purchasing Agency failed to follow procedures and/or requirements established by Chapter 103F, Hawaii Revised Statutes.
  • Purchasing Agency failed to follow procedures and/or requirements established by Hawaii Administrative Rules.
  • Purchasing Agency failed to follow procedures and/or requirements established by request for proposals (RFP).
Electronic Procurement SystemNot being issued on the State of Hawaii eProcurement System (HIePRO) at this time.

Statutes & Rules

HRS Chapter 103F Purchases of Health and Human Services (Table of contents) (Links to sections)

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

Reference