Haw. Code R. § 3-145-205

Current through November, 2024
Section 3-145-205 - Procedure for procurement of treatment services
(a) When the need to purchase treatment services arises, the head of a purchasing agency shall, when applicable, contact a minimum of three providers from the appropriate list of qualified providers and select the provider that is most advantageous based on the following criteria:
(1) Demonstrated competence for the type of treatment service required;
(2) Qualification for the type of service required;
(3) Fairness and reasonability of price, or other applicable cost factor; and
(4) Any additional criteria that the purchasing agency deems relevant to the selection.
(b) Negotiation of contract. The head of the purchasing agency, or a designee, shall negotiate a contract with the most advantageous provider, including a rate of compensation which is fair and reasonable, established in writing, and based upon the estimated value, scope, nature, and complexity of the treatment services to be rendered, or use the rate established by the administrator, if any. Negotiations shall be conducted confidentially.
(c) Failure of negotiations. If negotiations with the most advantageous provider fail, then upon written notice of an impasse to the provider, the head of the purchasing agency shall enter into negotiations with the second, then third most advantageous provider, respectively. If negotiations fail with all three providers, the head of the purchasing agency shall, if applicable, contact additional providers from the list and negotiations shall continue in accordance with this subsection.
(d) Required posting of contract awards by purchasing agencies. All contract awards made utilizing the treatment method of procurement shall be posted to the internet no later than the seventh day after award. The administrator may prescribe the format of the posting and the website to which it shall be posted. Posted information shall include:
(1) Name of the awardee;
(2) Service title and list from which the provider was selected;
(3) Amount awarded;
(4) Contract start and end dates; and
(5) Names of any other providers on the list that were contacted in conjunction with the procurement.

Haw. Code R. § 3-145-205

[Eff 6/19/99; am and comp JAN 23 2006] (Auth: HRS § 103F-106) (Imp: HRS § 103F-404)