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JUDICIARY PROCUREMENT
OFFICE
1111
Alakea Street
Sixth Floor
Honolulu, HI 96813
Phone:
808- 538-5805
Fax: 808-538-5802
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General Information
Introduction
The Judiciary's procurement
program is in accordance with the Hawaii`i Public Procurement Code,
Chapter 103D, Hawaii Revised Statures. Administrators at the court
and program level decide what to buy, how, and from whom,
and are guided by the Procurement Code and budgetary provisions.
Procurement Procedures
Each procurement is classified as either a small
purchase, large purchase, professional service, sole-source, or
emergency.
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Small Purchases. Purchases
less than $50,000 are referred to as small purchases.
A small purchase requires no less than three price quotations, and
is awarded to the vendor with the most advantageous quotation.
Price quotations for purchases of $15,000 to less than
$50,000 may be solicited via the Hawaii Electronic Procurement System (HePS)
or by publication of the
solicitation on this website. In some circumstances, the
competitive sealed bidding (IFB) , competitive sealed proposal
(RFP) or Sole Source process may be used for a small purchase.
Large Purchases.
Purchases
$50,000 or more are referred to as large purchases. Generally,
procurement is made by competitive sealed bidding (IFB) or
competitive sealed proposals (RFP) following publication on the
State Procurement Office's Public Notice
System. Vendors may obtain a copy of the solicitation directly
from the Judiciary website (this site).
The IFB and RFP
documents stipulate the scope of work or requirement,
specifications, terms and conditions, and the time, date, and
location for submittal of the bid or proposal. The documents
also identify the
person(s) to contact if you have questions about the procurement.
Professional Services. These are services
deemed "professional" by
the Hawaii`i Public Procurement Code. With some exceptions, procurement is by competitive sealed bids, competitive sealed proposals, small
purchase process, sole source procurement, emergency procurement,
or professional services process. The
exceptions are when the services are
related to criminal and civil proceedings.
Services of legal counsel,
guardian ad litem, psychiatrists, and psychologists
are exempted from the procurement
code, and the Judiciary
is able to use any reasonable
procurement method to procure such services.
The professional services procurement method involves
soliciting names and statements of qualifications from persons or
firms, determining qualified persons and firms, and making
selection from a list of 3 qualified persons and firms established
by a selection committee.
Sole Source. Sole source
purchases are made without competition when courts and programs
are able to justify procurement from a single source. The
Administrative Director of Courts must approve all sole source
procurement. The Judiciary publicly posts its intention to procure
from a sole source at least 7 days prior to approval being granted
by the Administrative Director of Courts. Sole source procurements
are for purchases $50,000 or more.
Those less than $50,000 are
handled as small purchases.
Emergency. Emergency purchases
are made whenever situations arise which create a threat to public
health, welfare, safety, or the continued function of the
Judiciary, and normal procurement methods cannot be followed.
Emergency procurements are for expenditures $50,000 or more; those
less than $50,000 are handled as small purchases.
Taxes and Other Requirements
Vendor
are required to include all
applicable taxes when submitting bid and RFP documents, and when
responding to requests for price quotations.
Information on
taxes is available from any state district tax office.
Additionally, a tax clearance certificate from both the Hawai‘i
Department of Taxation and the IRS,
a DLIR Form 27 from the State department of Labor and Industrial
Relations, and if applicable, a Certificate of Good Standing from
the State Department of Commerce and Consumer Affairs are required prior to entering
into a contract and upon final payment of a contract. A tax
clearance application
Form A-6
is available from any district tax office or by mail by calling
808-587-4242 or 1-800-222-3229. More
information on tax clearances is available from the Hawai‘i
State Government Home Page.
In lieu of the above paper forms,
a single "Certificate of Vendor Compliance" can be obtained online
from the
Hawaii
Compliance Express (HCE), which provides a simpler and faster
method for vendors to comply with the above requirements.
Getting Paid
The Judiciary is obligated by statute to make
payment to vendors within 30 days of receipt of a proper invoice and
satisfactory delivery of goods or performance of services. In the
event the Judiciary is unable to comply with the 30-day requirement, the
vendor is entitled to interest on the principal amount remaining
unpaid at a rate equal to the prime rate for each calendar quarter
plus two per cent, but in no event shall exceed twelve (12) percent
per year commencing on the 30th day following receipt of the invoice
and satisfactory delivery of goods or performance of services.
"Prime rate" means the prime rate as posted in the Wall Street
Journal on the first business day of the month preceding the
calendar quarter. This policy does not apply to delays due to bona
fide disputes between the vendor and the Judiciary, labor disputes,
power or mechanical failure, fire, or act of God or any similar
circumstances beyond the control of the Judiciary.
If interest is owed because of a late payment, a separate check for
the interest may be issued to the vendor
when the interest is $5 or more. When the
interest owed is under $5, the vendor
must submit an invoice for the interest.
Invoices are received by the court or program making
the procurement, and payment documents are initiated at this level
and forwarded to a central accounting staff for review. The
documents are then forwarded to the
Department of Accounting and
General Services for the issuance and mailing of checks. If you have questions about the status of
any payment, please contact the fiscal officer of the
court or program procuring the
goods or services.
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