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REVISED UH ADMINISTRATIVE PROCEDURES FOR PROCUREMENT (APM 8.200-8.295 [INTERIM])

REVISED UH ADMINISTRATIVE PROCEDURES FOR PROCUREMENT (APM 8.200-8.295 [INTERIM]). EFFECTIVE JANUARY 1, 2005. REPEAL OF STATUTORY EXEMPTION FROM HRS 103D.

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REVISED UH ADMINISTRATIVE PROCEDURES FOR PROCUREMENT (APM 8.200-8.295 [INTERIM])

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  1. REVISED UHADMINISTRATIVEPROCEDURESFORPROCUREMENT(APM 8.200-8.295 [INTERIM]) EFFECTIVE JANUARY 1, 2005

  2. REPEAL OF STATUTORY EXEMPTION FROM HRS 103D • Effective January 1, 2005 (Act 216, 2004 Session Laws), UH procurement procedures must be consistent with HRS 103D and Hawaii Administrative Rules on procurement issued by DAGS (HAR 3-120 to 3-132) • UH President will be re-established as University’s chief procurement officer (CPO) for purposes of HRS 103D (HRS 103D-203) • VP for Budget and Finance/Chief Financial Officer will replace the VP for Administration in the UH Procurement Procedures

  3. EXEMPT PROCUREMENTSAPM SECTIONA8.220.10

  4. EXEMPT PROCUREMENTS Exemptions covering purchases of particular types of goods and services must be expressly provided by HRS 103D or by HAR as approved by the State Procurement Policy Board Statutory Exemption for UHM/UHH Conference Center Revolving Fund expenditures eliminated

  5. EXEMPT PROCUREMENTS(continued) • Only statutory exemptions for particular University funds are Community Colleges Conference Center, Commercial Enterprises, and Alumni Activities • UH President can approve exemptions for specific purchases from HRS 103D procurement procedures on a case by case basis (OPRPM Form 138)

  6. EXEMPT PROCUREMENTS(continued) • Proposed amendment to exempted contracts must be approved by UH President (OPRPM Form 149) • Notice of proposed exemption or amendment to an exempted contract to be posted for 7 days to permit the submission of public objections (OPRPM Forms 150 and 151)

  7. EXEMPT PROCUREMENTS The following procurements are exempt under HRS 103D: 1) Disbursement of funds for, or subsidies, or purchases of services as defined in Sections 42F-101, HRS and 103F-101, HRS; 2) Payments to or on behalf of public officers and employees for salaries, fringe benefits, professional fees, or reimbursements provided for by administrative procedure; 3) Payment of obligations that the University is required to pay by law, including paying fees, permanent settlements, subsidies, or other claims, making refunds, and returning funds held by the University as trustee, custodian, or bailee;

  8. EXEMPT PROCUREMENTS (continued) 4) Disbursement of funds for entitlement programs, including public assistance, unemployment, and workers compensation programs, established by state or federal law; 5) Payment of dues or fees of professional organizations of which the University or its officers and employees are members as provided in these procedures; 6) Disbursement of funds for deposit, investment, or safekeeping, including expenses related to their deposit, investment, or safekeeping; 7) Disbursement of funds to governmental bodies of the State of Hawaii;

  9. EXEMPT PROCUREMENTS (continued) 8) Disbursement of funds as loans, under loan programs administered bythe University a governmental body; 9) Procurement of goods, services, or construction from a governmental body, including other than the University of Hawaii bookstores, from the federal government, or from another a state or its political subdivisions, and foreign governments; 10) Procurement of goods and services for the Office of Intercollegiate Athletics of the University of Hawaii at Manoa with moneys from the University of Hawaii at Manoa intercollegiate athletics revolving fund;

  10. EXEMPT PROCUREMENTS (continued) 11) Services of expert witnesses and all other expenses related to for potential and actual litigation of legal matters involving the University or its officers and employees, including administrative and quasi-judicial proceedings; 12) Works of art for museum or public display; 13) Research, reference, and educational materials including books, maps, periodicals, and pamphlets, which are published or available in print, video, audio, magnetic, or electronic form, including web-based databases; 14) Opponents for athletic contests;

  11. EXEMPT PROCUREMENTS (continued) 15) Utility services whose rates or prices are fixed by regulatory processes or agencies; 16) Performances, including entertainment, speeches, and cultural and artistic presentations; 17) Goods and services for commercialresale by the University; 18) Services of printers, rating agencies, support facility providers, fiscal and paying agents, and registrars for the issuance and sale of the University's bonds;

  12. EXEMPT PROCUREMENTS (continued) 19) Travel arrangements purchased by the University of Hawaii for its intercollegiate athletics programs; 20) Services of lecturers, speakers, trainers, and scriptwriters; 21) Subgrants and subcontracts to organizations directed by the funding agency (Refer to Section A8.290); 22) Materials, supplies, and foodstuffs purchased for use by students in instructional programs when the type or amount required must be determined as part of the course curriculum;

  13. EXEMPT PROCUREMENTS (continued) 23) Affiliation agreements with hospitals and other health care providers required for University of Hawaii clinical education programs; 24) Purchases made under cooperative purchasing agreements in which the University participates with other educational institutions and/or other governmental purchasing jurisdictions; 25) Educational material used in University courses, libraries, and employee training including textbooks, workbooks, visuals, kits, guides, and tests, in print, video, audio, magnetic, or electronic form;

  14. EXEMPT PROCUREMENTS (continued) 26) Insurance or insurance broker services; 27) Animals and plants; 28) New or used items which are advantageous and available on short notice through an auction, bankruptcy, or foreclosure; 29) Food and fodder for animals; 30) Rental of hotel facilities Facility costs for conferences, meetings, and training sessions;

  15. EXEMPT PROCUREMENTS (continued) 31) Advertisements in specialized publications, such as in ethnic or foreign language publications, and trade publications, professional publications; 32) Professional consultant services as required under Chapter 658, HRS; 33) Services for the publication of scholarly and educational books and journals which shall be limited to: a) Manuscript evaluation, copy editing, proofreading, indexing, design, manuscript clean-up, page make-up, and typesetting;

  16. EXEMPT PROCUREMENTS (continued) 33) (continued) b) Design, production, and printing of promotional materials, and commission sales representation; c) Warehouse storage and fulfillment services, and d) Editorial and production services, including printing and binding, when full publication services are required for projects too difficult or too time consuming to produce in-house; 34) Interpreter services;

  17. EXEMPT PROCUREMENTS (continued) 35) Publication of scholarly papers in specific professional journals; 36) Medical services for injured student athletes. These services include but are not limited to: a) Treatment by out-of-state medical health professionals when athletes are on the road for games; b) Treatment for a difficult to diagnose and/or longstanding medical condition by a series of medical health professionals by referrals;

  18. EXEMPT PROCUREMENTS (continued) 36) (continued) c) Treatment by a physician when athlete is referred by the team physician or by any one of the volunteer physicians; d) In-patient or out-patient surgical services performed by a physician assigned to an athlete by a hospital; and e) Treatment by a family physician as requested by a student athlete; 37) Medical services for research projects;

  19. EXEMPT PROCUREMENTS (continued) 38) Procurement of repair services when dismantling is required to assess the extent of repairs; 39) Radio and television airtime, print and other media when selection is to be made by current audience/reader demographics; 40) Registration fees for conferences, seminars, etc.;

  20. EXEMPT PROCUREMENTS (continued) 41) Legal services of attorneysServices of attorneys employed or retained to advise, represent, or provide other legal service to the University, on matters arising under the laws of another state or foreign country, or in an action brought in another state, federal, or foreign jurisdiction, when substantially all legal services are expected to be performed outside this State; 42) Rental of booth space for exhibits at conventions and trade shows when organized by a single sponsor;

  21. EXEMPT PROCUREMENTS (continued) 43) Consultant services to study or review University programs and/or operations; and Specific procurements expressly exempt from any or all of the requirements of Chapter 103D, HRS, by reference in state or federal law to provisions of Chapter 103D; and 44) Procurement of goods and services from the University of Hawaii Bookstores. Any other goods or services which the State Procurement Policy Board determines in writing is available from multiple sources but for which procurement by competitive means is either not practicable or not advantageous.

  22. COMPETITIVE SEALED BIDDING APM SECTION A8.235 AND COMPETITIVE SEALED PROPOSALS APM SECTION A8.240

  23. COMPETITIVE BIDDING • Advertised bidding threshold for UH purchases (currently at $100,000 for most purchases) will be $25,000 • Alternative procedure for Procurement of Commodity Goods and Services (via SuperQUOTE) eliminated

  24. COMPETITIVE BIDDING(continued) • Preferences will be applicable to UH IFBs and RFPs to promote Hawaii businesses in competing for UH contracts. Examples of such preferences are: Hawaii Products; Hawaii Printing and Binding Work; Recycled Products; Hawaii Software Development Business; and Hawaii Taxpayers

  25. COMPETITIVE BIDDING(continued) • For competitive requests for proposals, award of contract is to be posted for five days and non-selected offerors may request debriefing by UH personnel on basis for contract award

  26. PROFESSIONAL SERVICES APM SECTION A8.245

  27. PROFESSIONALSERVICES • These services would include architects, engineers, accountants, and attorneys • Annual public notice to invite statements of qualifications from interested persons in particular professions • Review and selection committees to be established

  28. PROFESSIONAL SERVICES(continued) • Selection criteria to be used and relative weighting of such criteria for evaluation purposes established by HRS 103D (1. Experience 2. Past Performance 3. Ability to perform in required time) • Contracts over $5,000 to be posted electronically within 7 days of award and remain posted for one year • Non-selected professional service providers may request debriefing by UH personnel on reasons for non-selection

  29. SOLE SOURCE APM SECTION A8.255

  30. SOLE SOURCE • Sole source procurements below $25,000 may be approved by fiscal officers within the limits of delegated purchasing authority (not subject to posting) • Requests for sole source procurement of $25,000 or more to be submitted to OPRPM for approval by UH President as CPO (OPRPM Form 65)

  31. SOLE SOURCE(continued) • Proposed sole source purchases required to be posted for a period of 7 days prior to purchase to permit submission of possible objections (OPRPM Form 110) • Amendments to sole source contracts which change original scope or increase contract price by 10% or more require new request, 7 day posting (OPRPM Form 111), and approval by President as CPO

  32. SOLE SOURCE(continued) • The annual renewal of a sole source contract for services must be submitted as a new request • List of pre-approved sole source procurements to be consistent with HARs

  33. EMERGENCY PROCUREMENT APM SECTION A8.260

  34. EMERGENCY PROCUREMENT • Fiscal Officers authorized to approve emergency expenditures less than $25,000 and falling within their purchasing authority.

  35. EMERGENCY PROCUREMENT(continued) 1) Situation of unusual and compelling urgency exists which threatens health and safety; and Emergency procurement can be considered when: 2) Situation creates an immediate need for goods, services, or construction that cannot be met through normal procurement methods

  36. EMERGENCY PROCUREMENT(continued) • Emergency purchases exceeding $25,000 to be submitted to OPRPM for approval by UH President as CPO (OPRPM Form 152)

  37. SMALL PURCHASES APM SECTION A8.250

  38. SMALL PURCHASES • Dollar threshold for small purchases will be reduced to purchases less than $25,000 • SuperQUOTE can still be used for solicitation of quotations for small purchases

  39. SPECIALIZED PURCHASING APM SECTION A8.265

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