Haw. Code R. § 3-122-82

Current through April, 2024
Section 3-122-82 - Sole source approvals and amendments
(a) Forms required to implement the provisions for sole source approval will be distributed by the chief procurement officer.
(b) To obtain sole source approval from the chief procurement officer, the following procedures shall be followed:
(1) Complete and submit a "Request For Sole Source" to the chief procurement officer. Heads of purchasing agencies shall certify to the best of their knowledge that the information provided is true and correct; and
(2) Complete and submit a "Notice of Sole Source" which shall serve as a written determination to issue a sole source contract.
(c) The chief procurement officer shall post a copy of the "Notice of Sole Source" in a designated area accessible to the public, at least seven days prior to any approval action.
(1) Any inquiries shall be directed to the designated contact person of the purchasing agency.
(2) Any objections to the request for sole source shall be submitted in writing and received by the chief procurement officer within seven days from the date the notice was posted. The chief procurement officer shall place the sole source request on hold, review the objection, and provide a written determination to the person submitting the objection. All documents relating to the objection, including written summary of the disposition of the objection, shall be kept with the sole source file.
(d) Amendment to a contract that would change the original scope of the contract, or increase the original contract price by ten per cent or more, may only be made with the approval of the chief procurement officer. The annual renewal of a sole source contract for services shall not be submitted as an amendment, but as a new request. To amend a sole source contract, the purchasing agency shall complete and submit a "Notice of Amendment to Sole Source Contract" to the chief procurement officer. The posting and approval procedures provided in subsection (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.

Haw. Code R. § 3-122-82

[Eff 12/15/95; am and comp 11/17/97; am and comp MAR 21 2008] (Auth: HRS §§ 103D-202, 103D-306, 103D-318) (Imp: HRS §§ 103D-306, 103D-318)