Current through September, 2024
Section 3-143-608 - Secondary purchase of competitive purchase of service(a) To increase the efficiency of procurements through better planning, purchasing agencies may coordinate and combine purchases of similar health and human services through primary and secondary purchases as provided herein: (1) After-the-fact secondary purchase. A purchasing agency may utilize the service or part of the service that has already been procured under a competitive purchase of service by another purchasing agency; or(2) Planned secondary purchase. When two or more purchasing agencies require the procurement of substantially the same health and human services, they may combine their requirements and issue a single request for proposals.(b) Primary purchaser and secondary purchaser defined. When two or more purchasing agencies combine their service requirements as provided in subsection (a), the purchasing agency requiring the largest share of the services detailed in the request for proposals shall be the primary purchaser, while the purchasing agency requiring the smaller share shall be the secondary purchaser. A secondary purchaser's share of the total services to be provided in subsection (a)(1) shall not exceed thirty percent or $75,000, whichever is lesser, unless the head of the secondary purchaser determines in writing that good cause exists for a greater share.(c) Duties of primary and secondary purchasers. The primary purchaser shall have the responsibility of complying with the procedures and requirements of a competitive purchase of services, and the secondary purchaser shall have a duty to cooperate with the reasonable requests of the primary purchaser. Both the primary purchaser and the secondary purchaser shall execute separate contracts.(d) Approval to utilize after-the-fact secondary purchase. When a purchasing agency decides to make a secondary purchase as provided in subsection (a)(1) , the head or the procurement officer of the secondary purchaser shall obtain written approval from the primary purchaser's chief procurement officer to utilize the primary purchaser's procurement. The request shall address the following: (1) Title and description of the service;(2) General contract information of the primary purchaser to include name of purchasing agency, contact person, phone number, and contract number;(3) Identification of the provider;(4) Primary purchaser's contract period and secondary purchaser's proposed contract period;(5) Primary and secondary purchasers' contract amounts;(6) A statement that the service or part of the service is the same or substantially the same; and(7) A description of differences between the primary and secondary purchase, if any.[Eff 6/19/99; am and comp JAN 23 2006] (Auth: HRS § 103F-106) (Imp: HRS §§ 103F-301, 103F-402)