Section 3-122-35 - Waiver to competitive sealed bid process(a) If for a given invitation for bids," including multi-step bidding, there is only one responsive, responsible bidder: (1) An award may be made to the single bidder, provided: (A) The procurement officer determines in writing that the price submitted is fair and reasonable, and that either: (i) Other prospective bidders had reasonable opportunity to respond; or(ii) There is not adequate time for resolicitation; or(B) The bid exceeds available funds as certified by the appropriate fiscal officer and the price is negotiated pursuant to section 103D-302(h), HRS;(2) The bid may be rejected pursuant to subchapter 11 and new bids or offers may be solicited if the conditions in paragraph (1) are not met;(3) The proposed procurement may be canceled; or(4) An alternative procurement method may be conducted to include but not be limited to direct negotiations with the sole bidder first, and then with any contractor or vendor should negotiations with the sole bidder fail, provided the procurement officer determines in writing that the need for the good, service, or construction continues, but that the price of the one bid is not fair and reasonable and either that: (A) There is no time for resolicitation; or(B) Resolicitation would likely be futile.(b) If for a given invitation for bids, including multi-step bidding, there are no bids received or there are no responsive, responsible bidders, the procurement officer may determine that it is neither practicable, nor advantageous to the State to issue a new solicitation. (1) When making this determination, consideration shall be given to: (B) Competition in the marketplace; and(C) Whether the additional potential cost of preparing, soliciting, and evaluating competitive sealed bids is expected to exceed the benefits normally associated with the solicitations;(2) In the event of this determination, an alternative procurement method may be selected to include, but not be limited to, direct negotiations.(c) Documentation of the alternative procurement method selected shall: (1) State the reasons for selection and length of contract period;(2) Receive prior approval of the chief procurement officer or a designee; and(3) Be made a part of the contract file upon award by the procurement officer.[Eff 12/15/95; am and comp 11/17/97; am and comp MAR 21 2008] (Auth: HRS § 103D-202) (Imp: HRS § 103D-302)