Haw. Code R. § 3-144-302

Current through November, 2024
Section 3-144-302 - Basis for restrictive purchase
(a) An adequate basis for a restrictive purchase of service exists when the head of a purchasing agency determines that circumstances constituting good cause for the purchase exist, including but not limited to any of the following:
(1) Only one provider can provide the services needed in a particular geographic area;
(2) Only one provider can provide services with a unique cultural approach designed for a limited target group; or
(3) Only one provider satisfies limitations imposed by the source of funds for the procurement.
(b) Inadequate justifications for restrictive purchase. None of the following circumstances alone shall constitute an adequate basis for a restrictive purchase of services:
(1) The mere fact that a particular provider is or has been furnishing services to a purchasing agency does not constitute evidence that the provider is the only source for the type of service required;
(2) The potential loss of funds at the end of a fiscal year shall not be a basis for restrictive purchase of service; or
(3) A purchasing agency's failure to plan ahead sufficiently in order to issue a request for proposals and conduct a competitive purchase of services.

Haw. Code R. § 3-144-302

[Eff 6/19/99; am and comp JAN 23 2006] (Auth: HRS § 103F-106) (Imp: HRS § 103F-403)