Section 3-120-5 - Procedures for requesting exemption and amendment(a) When the head of a purchasing agency determines that a situation exists wherein procurement by competitive means would be either not practicable or not advantageous to the State, a request for an exemption may be made to the appropriate chief procurement officer as follows. Prior to procurement: (1) Heads of purchasing agencies shall submit a written request to the chief procurement officer and certify to the best of their knowledge that the information provided is true and correct; and(2) The request shall be made on a form provided by the chief procurement officer.(b) The chief procurement officer shall post a copy of the request on an internet site accessible to the public for seven days. (1) Any inquiries shall be directed to the designated contact person of the purchasing agency stated on the notice; and(2) Any objections to the request for the exempted procurement shall be submitted in writing and received by the chief procurement officer within seven days from the date the notice was posted.(c) In determining whether to approve the request, the chief procurement officer shall consider the circumstances of each individual case and may approve the exemption for the term of the contract(d) Amendments to contracts exempted from chapter 103D, HRS, under this section, that would change the original scope of the contract, may only be made with the prior approval of the chief procurement officer. To amend a contract exempted from chapter 103D, HRS, the purchasing agency shall complete and submit a request for an amendment to the chief procurement officer. The certification requirement as provided in subsection (a)(1) and the posting and approval procedures as provided in subsections (b) and (c) shall be followed.(e) The determinations required by this section shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.(f) The chief procurement officer shall forward a copy of each request and amendment, if any, to the administrator.[Eff 12/15/95; comp 11/17/97; am and comp 6/19/99; am and comp 6/9/01; am and comp 11/15/01; am and comp 11/8/02; am and comp AUG 24 2009] (Auth: HRS § 103D-202) (Imp: HRS § 103D-102)