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Restrictive Purchase of Services

Method of Procurement for Health and Human Services

Pursuant to Chapter 103F, HRS

The Basics

Flowchart (PDF)

CPO Actions - Requests for Restrictive Purchase from 7/1/06

Requests for restrictive Purchase of Services from 1999 to 2006

Form SPO-H 500 Request for Restrictive Purchase of Service (for State agencies)

A restrictive purchase of service is a purchase that is limited to one provider for good cause.   It is commonly referred to as a sole source.

See also:

Hawaii Revised Statutes

Section 103F-403, Restrictive Purchase of Service

Part V, Protests

Hawaii Administrative Rules

Chapter 3-144, Restrictive Purchase of Service

Chapter 3-148, Protests and Requests for Reconsideration

Award without competition when certain conditions are met.

Bases for restrictive purchase include, but are not limited to:  

1. Need for a service in a geographic area available from only one provider.

2. Need for a service with a unique cultural approach designed for a limited target group available from only one provider.

3. Only one provider satisfies limitations imposed by funding source.

Upon receipt by the chief procurement officer, the notice and request shall be posted on a central website for a minimum of seven days before any approval action is taken. After the notice has been posted for seven days, the chief procurement officer shall review the request.

If approved, no action to award the contract shall take place until two days after the protest submittal deadline.

The status of the request shall be posted to the website where the request and notice are posted.

Two years or, upon finding of good cause by the chief procurement officer, three years.

Limited to availability of funds.

Yes. Head of purchasing agency makes a written determination and submits request for approval to chief procurement officer.

Yes. Failure to follow Chapter 103F, HRS or administrative rules may be protested and shall be submitted in accordance with Chapter 3-148, HAR. Submittal deadline for submission of protests shall be the seventh day after the notice is posted. There is also a request for reconsideration process.

Awards shall be posted within five working days of contract execution to the contracts database (CDRS).

None of the following alone shall constitute an adequate basis for a restrictive purchase of services: 1) the fact that a particular provider is or has been furnishing services to a purchasing agency; 2) the potential loss of funds at the end of a fiscal year; or 3) a purchasing agency's failure to plan ahead sufficiently in order to issue a request for proposals.

Hawaii Revised Statutes

§103F-403    

§103F-501

§103F-502

§103F-503

§103F-504

and

Administrative Rules