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Procurements Exempt from Chapter 103D, Hawaii Revised Statutes

Procurements Exempt from Chapter 103D, Hawaii Revised Statutes.

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Procurements Exempt from Chapter 103D, Hawaii Revised Statutes

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  1. Procurements Exemptfrom Chapter 103D,Hawaii Revised Statutes

  2. Under Hawaii Administrative Rules (HAR) 3-120-4, the State Procurement Policy Board may exempt categories of goods and services from Chapter 103D, HRS, when it determines that procurement by competitive means would not be practicable or advantageous.The approved exemptions are set forth in Exhibit A in Chapter 3-120, HAR. The State Procurement Policy Board reviews Exhibit A annually or more frequently as needed for the addition of new exemptions and /or the modification or deletion of existing exemptions.

  3.  Revisions to Exhibit A and amendments to Chapter 3-120, HAR, were recently approved by the State Procurement Policy Board and issued by the State Procurement Office.  These revisions will be incorporated into the University's Administrative Procedures on Procurement (A8.220).

  4. Section A8.220, subparagraph (9) Exempt Procurements, will be revised as follows:9. Exempt Procurementsa. The following procurements are exempt from the requirements of Chapter 103D, HRS: . . . 21.) Services of lecturers, speakers, trainers, facilitators and scriptwriters, when the provider possesses specialized training methods, techniques or expertise in the subject matter;

  5. 22.) Insurance orto include insurance broker services; 27.) Advertisements in specialized publications, such as in ethnic or foreign language publications, trade publications and, or professional publications;28.) Professional consultant services as required under Chapter 658, HRS;Arbitrator and mediator services;

  6. 31.) Radio and television airtime when selection of station is to be made by currentbased on the targeted audience demographics;(i.e. ethnic or age group, gender, etc.);33.) Subscription costs and registration or workshop fees for conferences or training;34.) Court reporter services;

  7. 33. 35.) Specific procurements expressly exempt from any or all of the requirements of Chapter 103D, HRS, by references in state or federal law to provisions of Chapter 103D; and 34. 36.) Any other goods or services which the State Procurement Policy Board determines by rules are available from multiple sources but for which procurement by competitive means is either not practicable or not advantageous.

  8. b. If a University department believes that a situation exists wherein procurement by standard competitive methods would be either not practicable or not advantageous, a request to procure the goods, services, or construction by exemption may be made to the Office of Procurement and Real Property Management for forwarding to the President for approval. . . .

  9. Notice of Exemption from Chapter 103D, HRS, OPRPM Form 150 (Attachment 220.6) andthe request shall be posted in a designated areaon an Internet site accessible to the public for seven days. Any objections to the request for the exempted procurement shall be submitted in writing to the Office of Procurement and Real Property Management within seven days fromthe date that the notice was posted. All objections timely received shall be forwarded to the President for review and consideration.

  10. c. Amendments to contracts exempted by the President from Chapter 103D, HRS, that would change the original scope of the contract may only be made with the further approval of the President. . . . OPRPM Form 151, Notice of Amendment to Exemption From Chapter 103D, HRS, Contract (Attachment 220.7) and the request for amendment shall be posted in a designated areaon an Internet site accessible to the public for seven days. Any objections to the request for exempted amendment shall be submitted in writing to the Office of Procurement and Real Property Management within seven days from the date that the notice was posted. All objections timely received shall be forwarded to the President for review and consideration.

  11. The State Procurement Policy Board will meet in November 2008 to reconsider the retention and/or modification of the following exemptions: Fresh meats and produce (A8.220 No. 32)  Animals and plants (A8.220 No. 23)  Food and fodder for animals (A8.220 No. 25)

  12. Questions?

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