Section 3-143-609 - Inadequate response to request for proposals(a) Whenever a request for proposals generates an inadequate response, the purchasing agency that issued the request for proposals may use the simplified procedures in this section to complete the procurement.(b) Inadequate response defined. An inadequate response to a request for proposals exists when: (1) There is only one proposal that is both responsive to the request for proposals and submitted by a responsible provider;(2) All proposals that were received are either not responsive to the request for proposals, or were not submitted by responsible providers; or(3) There are no responses at all to the request for proposals.(c) Treatment of a single proposal. When there is only one proposal that is both responsive to the request for proposals and submitted by a responsible provider, the purchasing agency may respond by taking any of the following actions: (1) Cost analysis. The purchasing agency may require a cost analysis to validate the proposal's cost factors including cost or pricing data,(2) Award. The purchasing agency may make an award to the single applicant if it is determined that: (A) The proposal's terms are reasonable and satisfactory to the purchasing agency; and(B) The required time period from the release date of the request for proposals to the submittal deadline provided other prospective applicants with a reasonable opportunity to respond.(3) Rejection. The purchasing agency may reject the proposal if the conditions of paragraph (2) are not met, and either issue a new request for proposals, or cancel the procurement altogether.(4) Direct negotiations. The purchasing agency may negotiate directly with the applicant upon a written determination by the purchasing agency that: (A) The need for the service continues;(B) The single proposal is not satisfactory and reasonable; and(C) There is no time to issue a new request for proposals or re-solicitation would likely be futile.(d) No useful response to request for proposals. If no proposals are received that are both responsive to the request for proposals and submitted by a responsible applicant, or if no proposals are received at all, then the purchasing agency may respond by taking any of the following actions: (1) Reissue. The purchasing agency may reissue the request for proposals.(2) Alternate service delivery. The purchasing agency may select an alternate method of service delivery and issue a new request for proposals.(3) Cancellation. The purchasing agency may cancel the procurement altogether.(4) Selection without competition. The purchasing agency may select a provider without further solicitation upon making a written determination that it is neither practicable nor advantageous to issue a new request for proposals based on a consideration of the following factors: (A) Competition in the marketplace;(B) Whether the additional potential cost of preparing, soliciting, and evaluating competitive purchase of service proposals is expected to exceed the benefits normally associated with the solicitation; and(C) Any other factors that the purchasing agency deems relevant to this determination.[Eff 6/19/99; am and comp JAN 23 2006] (Auth: HRS §§ 103F-106, 103F-407) (Imp: HRS §§ 103F-402, 103F-407)