Section 3-122-59 - Waiver to competitive sealed proposal process(a) If for a given request for proposals, there is only one responsible offeror submitting an acceptable proposal: (1) An award may be made to the single offeror, provided the procurement officer determines in writing that the price submitted is fair and reasonable and that either: (A) Other prospective offerors had reasonable opportunity to respond; or(B) There is not adequate time for resolicitation;(2) The offer may be rejected pursuant to subchapter 11 and new requests for proposals may be solicited if the conditions in paragraph (1) are not met;(3) The proposed procurement may be cancelled;(4) An alternative procurement method may be conducted to include, but not be limited to, direct negotiations with the sole offeror first, and then with any contractor or vendor should negotiations with the sole offeror fail, provided the procurement officer determines in writing that the need for the good, service, or construction continues, but that the price of the one offer is not fair and reasonable and that either: (A) There is no time for resolicitation, or(B) Resolicitation would likely be futile.(b) If for a given request for proposals, there are no proposals received or there are no responsible offerors submitting acceptable proposals, the procurement officer may determine that it is neither practical nor advantageous to issue a new solicitation. (1) When making this determination, consideration shall be given to: (B) Competition in the marketplace; and(C) Whether the additional potential cost of preparing, soliciting, and evaluating competitive sealed proposals is expected to exceed the benefits normally associated with the solicitations;(2) In the event of this determination, an alternative procurement method may be selected, to include but not be limited to, direct negotiations.(c) Documentation of the alternative procurement method selected shall: (1) State the reasons for selection and length of contract period;(2) Receive prior approval of the chief procurement officer or a designee; and(3) Be made a part of the contract file upon award by the procurement officer.[Eff 12/15/95; am and comp 11/17/97; am and comp MAR 21 2008) (Auth: HRS § 1030-202) (Imp: HRS § 103D-303)