Section 3-121-16 - Delegation of authority(a) Each chief procurement officer may delegate any authority or duty or may revoke any authority or duty conferred upon the chief procurement officer by chapter 103D, HRS, and rules adopted by the policy board to any head of a purchasing agency within its respective jurisdiction. Factors to consider in making the decision to delegate include: (1) The expertise of the potential delegate in terms of procurement knowledge and any specialized knowledge pertinent to the authority to be delegated;(2) The past experience of the potential delegate in exercising similar authority;(3) The degree of economy and efficiency to be achieved in meeting the State's requirements if authority is delegated;(4) The available resources of the office of the chief procurement officer to exercise the authority if it is not delegated; and(5) The consistency of delegation under similar circumstances.(b) The delegation shall be made based on information provided by the head of a purchasing agency, which shall include, but not be limited to: (1) The title of the head of the purchasing agency or a designee who will have overall authority for procurement within the agency;(2) The categories of procurement, i.e., goods, services, or construction;(3) The dollar level of goods, services, and construction procurement;(4) The methods of source selection: (A) Competitive sealed bidding: Authority to award or enter into contracts pursuant to section 103D-302, HRS;(B) Competitive sealed proposals: Authority to approve, award, or enter into contracts pursuant to section 103D-303, HRS;(C) Professional services procurement: Except that as otherwise provided, the authority to negotiate, award, or enter into contracts pursuant to section 103D-3 04, HRS, rests with the head of a purchasing agency, and does not require a delegation by the chief procurement officer;(D) Small purchases: Authority to award purchase orders pursuant to section 103D-3 05, HRS;(E) Sole source procurement: Authority to negotiate, award, or enter into contracts pursuant to section 103D-306, HRS. Approvals pursuant to section 103D-3 06, HRS, shall remain with the chief procurement officer;(F) Emergency procurements: Authority to negotiate, award, or enter into contracts pursuant to section 103D-307, HRS. Approvals pursuant to section 103D-307, HRS, shall remain with the chief procurement officer; and(5) Position titles of those individuals who will be designated procurement officers by the head of the purchasing agency or designee. Information required by paragraphs (2), (3), and (4) shall also be required for each procurement officer delegated such authority. A sample delegation format shall be provided by the chief procurement officer.(c) Delegation of authority by the head of a purchasing agency to a procurement officer is limited by and subject to chapter 103D, HRS, and its implementing rules. Heads of purchasing agencies should familiarize themselves with those limitations.(d) The delegation from the chief procurement officer shall be in writing and shall specify: (1) The activity or function authorized;(2) Any limits or restrictions on the exercise of the delegated authority;(3) Whether the authority may be further delegated; and(4) The duration of the delegation..(e) The chief procurement officer shall retain in its files each delegation determination.[Eff 12/15/95; am and comp 11/17/97; am and comp 11/8/02; comp AUG 24 2009] (Auth: HRS §§ 103D-202, 103D-208) (Imp: HRS § 103D-208)