skip to Main Content

Administrative Procedure 8.281 Administrative Procedure 8.281

Title

Construction and Professional Services in Support of Construction

Header

Administrative Procedure Chapter 8, Business and Finance
Administrative Procedure AP8.281, Construction and Professional Services in Support of Construction
Effective Date:  May 2017
Prior Dates Amended:  NA
Responsible Office:  Office of the Vice President for Administration
Review Date:  April 2020
Notes of Revision/Approval Form:  Attachment

I.  Purpose and Authority

This Administrative Procedure sets forth the policy and procedures that govern University procurements of Construction and professional services in support of Construction.  This includes delegation of authority, training requirements, methods of Construction and professional services procurement, contract administration and closeout.  Under the authority of the President, this procedure outlines the management of Construction and professional services procurements through the Facilities and Contracts Office (FCO) which is a section of the Facilities Business Office (FBO) and the Office of Procurement and Real Property Management (OPRPM).

II.  Policy

University purchases of Construction and professional services in support of Construction shall ensure full and open competition and equitable treatment of potential sources in the procurement process by utilizing sound procurement procedures1  to ensure public funds are expended properly and in an ethical manner. 2

III.  Executive Summary

This procedure delegates authority and sets forth the process for procuring Construction and professional architecture and engineering services in support of University capital programs and facilities projects in a manner compliant with law. 

IV.  Definitions3

“Campus Facilities Office” means the University of University of Hawai‘i at Hilo Facilities Planning and Construction Office; University of Hawai‘i, West O‘ahu Planning and Campus Operations Office; Community Colleges Facilities Planning and Construction Office; and the following University of Hawai‘i at Mānoa Offices:  Office of Campus Operations and Facilities or Office of Project Delivery (Mānoa Facilities Offices), Student Housing Facilities Office, or Campus Center Facilities Office.

“Chief Procurement Officer” means the central procurement officer responsible for procuring or supervising the procurement of all goods, services, and Construction for their respective jurisdiction.  The Chief Procurement Officer for the University of Hawai‘i is the President; provided that, for contracts for Construction and professional services furnished by licensees under chapter 464, the Administrator of the State Procurement Office (SPO) shall serve as the Chief Procurement Officer.4  The SPO Administrator has delegated procurement authority to the University President.5 

“Construction” means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property.  The term includes the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.

“Departmental Facilities Office” means a facilities office at the University of Hawai‘i that is not a Campus Facilities Office.

“FBO” means the Facilities Business Office which reports directly to the Vice President for Administration.  The FBO oversees the Facilities and Contracts Office (FCO).

“FCO” means the Facilities and Contracts Office (FCO) which is overseen by the Facilities Business Office (FBO).

“OPRPM” means the Office of Procurement and Real Property Management. 

“Professional services” means those services within the scope of the practice of architecture, landscape architecture, professional engineering, land surveying, real property appraisal, law, medicine, accounting, dentistry, public finance bond underwriting, public finance bond investment banking, or any other practice defined as professional by the laws of this State or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook.6

“Department (or department)” means the department representative responsible for the project procurement and coordinating with FCO and/or OPRPM concerning the procurement, awarded contract, and post-award contract administration. 

V.  Delegation of Authority

In accordance with Executive Policy 8.105, the Vice President for Administration and his/her designees are delegated authority to carry out the responsibilities relating to the procurement of goods, services, and Construction for the University of Hawaii, consistent with applicable law and Board of Regents policies, and to execute contractual documents relating to such procurement actions.

The Vice President for Administration hereby delegates authority to the following designees to carry out responsibilities relating to the procurement of goods, services and Construction for the University of Hawaii and to execute contractual documents related to such procurement actions as indicated below:

FCO Facilities Contracts Manager, OPRPM Director, and OPRPM Associate Director are hereby delegated authority, not to exceed one million dollars, relating to the procurement and execution of contractual documents for all University procurements of Construction and all professional services, and other contracts, in support of Construction.

VI. SPO Delegation and Training Requirements

POLICY

Prior to conducting, approving, or participating in any procurement for Construction or professional services provided by licensees under HRS Chapter 464, UH personnel shall have written delegated procurement authority and completed the applicable mandatory training for HRS Chapter 103D.

DELEGATION PROCEDURE

Form SP0-036UH shall be used for new delegations and for any changes to current personnel delegated procurement authority, and shall be submitted to FCO for signature by the University President for submittal to SPO. Personnel are required to retain all Procurement delegation submittal forms consisting of the Procurement Delegation Form SPO-036UH. Instructions regarding how to complete the Form SPO-036UH can be found in the Form SPO-36UH Instructions.

TRAINING PROCEDURE

Procurement officers and personnel who conduct or participate in the procurement process are required to attend SPO training workshops applicable to the procurement method. Most training is conveniently available online and “on-demand.” More information on training requirements can be found at State and County Personnel Training Information.7 Personnel shall maintain a record of their “Training Self-Certifications” for each completed training and forward a copy to FCO. 

FCO will be the responsible agency for maintaining delegation and training records required by this procedure.  Any questions concerning these requirements shall be directed to FCO.

VII.  Facilities Office Assistance


  1. All requests for Construction must be made through and approved by the Campus Facilities Office or an approved Department Facilities Office (see section (c) below).

  2. Upon receipt of approved plans, specifications and quotations from the appropriate Campus Facilities Office or an approved Department Facilities Office, fiscal administrators are authorized to issue purchase orders for Construction requirements within their purchasing authority. Purchases of Construction exceeding a fiscal administrator's purchasing authority should be directed to the appropriate Campus Facilities Office or approved Department Facilities Office for processing.

  3. If a Department Facilities Office has demonstrated sufficient expertise, responsibility, and staffing to process Construction projects at its own direction, the Manoa Facilities Office may, with the concurrence of the Vice President for Administration, delegate responsibility to such Department Facilities Office to administer such Construction without review by the Manoa Facilities Office through a signed Memorandum of Agreement (MOA), see MOA template.  The Manoa Facilities Office will be kept informed of all Construction activities initiated by the Department Facilities Office.  OPRPM and FCO shall be advised in writing by the Manoa Facilities Office of the terms and conditions of any such delegations.



VIII.  Methods of Procurement

POLICY

Professional services in support of Construction shall be procured utilizing the procurement methods described in HRS §103D-304 or HRS §103D-307, if applicable.8

Construction shall be procured utilizing one of the six (6) procurement methods available under HRS §103D. The procurement methods are listed below along with their statutory reference:

  1. Small Purchase of Goods, Services or Construction (HRS §103D-305)
  2. Competitive Sealed Bidding (HRS §103D-302)
  3. Competitive Sealed Proposal (HRS §103D-303)
  4. Professional Services    (HRS §103D-304)
  5. Sole Source Procurement (HRS §103D-306)
  6. Emergency Procurement (HRS §103D-307)

  1. A. SMALL PURCHASES

    POLICY

    The small purchase method of procurement shall be used when:

    • The purchase has an estimated value of less than $250,000;
    • Requirements can be described in finite and specific detail;
    • The contract or purchase order will be awarded to the lowest responsive and responsible offeror;
    • The resulting contract or purchase order will be firm-fixed price or lump sum; and
    • Competition is readily available.


    Purchases of Construction services utilizing the small purchase method of procurement shall be in accordance with HRS §103D-305, HAR 3-122 Subchapter 8.
    A Request for Quotation (RFQ) shall be issued, and shall include a purchase description and all terms and conditions applicable to the procurement.  The purchase order or contract shall be awarded to the lowest responsible and responsive bidder whose quotation meets the requirements and criteria set forth in the RFQ.

    PROCEDURE

    Department personnel seeking to procure Construction utilizing the small purchase method of procurement shall coordinate the procurement with OPRPM.

    Step 1.  Based on the estimated dollar amount of the purchase, solicitation of quotations shall be made in accordance with the following thresholds:

    1. Purchases Not Exceeding $2,500

      No minimum number of quotations is required for such purchases.

    2. Purchases Totaling More Than $2,500 But Less Than $15,000

      Based on the University’s specifications and with adequate and reasonable competition, no less than three written quotations shall be obtained.


    3. Purchases of $15,000 But Less Than $250,000

      Based on the University’s specifications, adequate and reasonable competition shall be solicited via SuperQUOTE, the electronic on-line request for quotations system.

      Instructions for the use of SuperQuote may be accessed at www.commercepoint.com.
       
    If a purchase has an estimated value of $25,000 or more, Departments may issue the RFQ or may request OPRPM’s assistance in issuing the RFQ.

    Step 2.  If the purchase is $25,000 or more, the procurement shall be submitted to OPRPM for review, as follows:

    1. If the Department has issued the RFQ, the following documents shall be submitted to OPRPM:

      1. Purchase Order completed to the extent possible;
      2. Copy of the RFQ issued, including:
        1. Technical specifications
          1. Brand name or specifications restrictive of competition shall not be used without prior approval.  Departments shall utilize OPRPM Form 144 and route the signed form to OPRPM for approval;

        2. Plans (if applicable);
        3. Terms and conditions including, but not limited to, Contractor license, bonds, and insurance required;
        4. All attachments included with the RFQ;

      3. Summary of the quotations received;
      4. Copy of all quotations received; and
      5. Signed quotation from the vendor that the RFQ was awarded to.


    2. If the Department is requesting OPRPM’s assistance in issuing the RFQ on its behalf, the following documents shall be submitted to OPRPM:

      1. Memorandum which includes the following:
        1. Description of the project scope of work or services;
        2. Name and contact information for the department;
        3. Estimated cost including funding sources (revenue bonds, general obligation (GO) bonds, tuition and fees, federal, etc.);
        4. Delivery or performance schedule;
        5. Period of performance or contract term;
        6. Preferred due date and time for submission of quotations;
        7. Applicable Contractor license required;

      2. Technical Specifications
        1. Brand name or specifications restrictive of competition shall not be used without prior approval.  Departments shall utilize OPRPM Form 144 and route the signed form to OPRPM for approval;
      3. Special contractual provisions; and
      4. Plans (if applicable).


    Step 3.  OPRPM Review

    1. If the Department has issued the RFQ, OPRPM will review the solicitation to ensure compliance.  If OPRPM finds that the RFQ was completed properly, OPRPM will:

      1. Obtain insurance and bonds from the awarded vendor (if applicable);
      2. Obtain a current certificate of compliance for the awarded vendor; and
      3. Issue the purchase order or contract to the vendor.

    2. If the Department is requesting OPRPM’s assistance in issuing the RFQ on its behalf, OPRPM will prepare and issue the RFQ on SuperQuote; receive all quotations; and forward all quotations to the Department for review once the RFQ closes.

      The Department shall review the quotations received, provide a memorandum to OPRPM with a recommendation for award, and include a purchase order completed to the extent possible.

      OPRPM will:

      1. Obtain insurance and bonds from the awarded vendor (if applicable);
      2. Obtain a current certificate of compliance for the awarded vendor; and
      3. Issue the purchase order or contract to the vendor.


    Step 4.  Posting of Awards.
    Small purchase awards of $2,500 or greater shall be reported on the SPO Awards Reporting System. 
    1. For small purchase awards of $2,500 to less than $25,000, Fiscal Administrators are required to complete OPRPM Form 155 within TWO (2) days of issuance of the purchase order and submit to OPRPM for posting.

    2. For small purchase awards of $25,000 or more, OPRPM will initiate the posting of the award.

  2. B. COMPETITIVE SEALED BIDDING

    POLICY

    Competitive sealed bidding is the most commonly utilized method of procurement and is most appropriate when:
    • Requirements can be described in finite and specific detail;
    • The contract will be awarded to the lowest responsive and responsible bidder;
    • The resulting contract will be firm-fixed price or lump sum;
    • Competition is readily available; and
    • Discussions with bidders is not necessary to select the winning bid.

    Purchases of Construction services utilizing the competitive sealed bidding method of procurement shall be in accordance with HRS §103D-302 and HAR §3-122 Subchapter 5.  Invitation for Bids (IFB) shall be issued, and shall include a purchase description and all contractual terms and conditions applicable to the procurement.  The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the IFB.

    PROCEDURE

    Department personnel seeking to procure Construction utilizing the competitive sealed bidding method of procurement shall coordinate the procurement with FCO.

    Step 1. The department should obtain proper approvals and the Fiscal Administrator should identify availability of fund(s) by signing the Form FCO-001.

    Step 2.  Departments shall forward the Form FCO-001, “Request for Procurement Services” and include the bid package in the electronic procurement system, as applicable:
    1. Description of the project scope of work or services
    2. Name and contact information of the department
    3. Plans and specifications
      1. Brand name or specifications restrictive of competition shall not be used without approval by the SPO Administrator.  Agencies shall utilize Form SPO-014 and route the signed form to FCO for coordination with SPO.
    4. Estimated cost including funding sources (revenue bonds, general obligation (GO) bonds, tuition and fees, federal, etc.)
    5. Contract type
    6. Delivery or performance schedule
    7. Period of performance or contract term
    8. Preferred due date and time for bid opening
    9. Applicable Contractor license required
    10. List of all applicable preferences
    11. Special contractual provisions
    12. Date, time, and location of the pre-bid conference, if applicable
    13. Bid Form
    14. List of documents to be incorporated by reference
    15. Copy of any required internal approvals
    16. Copy of University Project Tracking System project setup and number, as applicable


    Step 3.  FCO will review the bid package and, if sufficient, shall advertise the bid in accordance with HAR 3-122-16.02(a)(1), for a minimum of ten (10) calendar days in the electronic procurement system.  Any deficiencies in the bid package will be coordinated with the department.

    Step 4.  For Construction projects with a total estimated contract value of $500,000 or more, at least fifteen days prior to the bid due date, the department shall hold a pre-bid conference pursuant to HAR §3-122-16.05.

    Step 5.  FCO shall coordinate all questions received from bidders with the department.  FCO shall issue any answers or changes to the IFB via an addendum through the electronic procurement system.

    Step 6.  FCO shall review all bids for conformance with the IFB and other legal requirements and forward the results to the department seeking recommendation of award.

    Step 7.  The department shall review the bid results. The department shall submit the Form FCO-007, “Recommendation to Award,” and all documents required for contract award to FCO for action. If the department seeks to cancel the IFB they shall coordinate such cancellation with FCO.

    Department will enter contract information into the University’s Project Tracking System, obtain approvals and generate the CIP Contract Encumbrance and Payment Form and copy of commitment approvals and submit to FCO.

    Department Fiscal Administrator will record the contract in the University of Hawai‘i’s financial system of record, Kuali Financial System (KFS) to create the Purchase Order and provide a copy with the package.

    Step 8.  Upon receipt of Form FCO-007, FCO shall post the public notice of award, coordinate contract execution, encumber funds and distribute copies to the appropriate departments. 

    FCO shall be the sole point of contact for any bidder protest.  Any protest received by a department shall be immediately forwarded to FCO.

    FCO shall issue the contract Notice to Proceed after coordination with the department.

    Step 9.  FCO will record and upload pertinent contract information into the University’s Project Tracking System.

  3. C. COMPETITIVE SEALED PROPOSALS

    POLICY

    Use of the competitive sealed proposals method of procurement is most appropriate when:
    • The primary consideration in determining award may not be price;
    • The contract may be other than a firm fixed-price type;
    • The scope, plans, specifications, and/or delivery requirements for the goods, services, or Construction cannot be sufficiently described in the solicitation;
    • Oral or written discussions with offerors may be needed to gain a better understanding of the technical and price aspects of their proposals;
    • After discussions, priority-listed offerors may need the opportunity to revise their proposals, including price; or
    • In order to determine the most advantageous offering to the University, a comparative evaluation wherein the allocation of point values between price, and other non-price factors such as quality, schedule and contractual considerations may be required as set forth in the RFP.

    Purchases of Construction services utilizing the competitive sealed proposals method of procurement shall be in accordance with HRS §103D-303 and HAR §3-122 Subchapter 6.  Construction projects may be solicited through a Request for Proposals (RFP) including projects using the design-build project delivery method. Award shall be made to the responsible offeror whose proposal is determined in writing to provide the best value to the University taking into consideration price and the evaluation criteria established in the RFP.

    PROCEDURE

    Department personnel seeking to procure Construction utilizing the competitive sealed proposals method of procurement shall coordinate the procurement with FCO.

    Step 1. The department should obtain proper approvals and the Fiscal Administrator should identify availability of fund(s) by signing the Form FCO-001.

    Step 2.  Departments shall forward the Form FCO-001, “Request for Procurement Services” and include the following documents via the University electronic procurement system, as applicable:
    1. Project description including the scope, plans, specifications, and other project information, in as much detail as possible, for the Construction to be procured, including a description of the objective of the procurement
      1. Brand name or specifications restrictive of competition shall not be used without approval by the SPO Administrator.  Agencies shall utilize Form SPO-014 and route the signed form to OFC for coordination with SPO.

    2. Name and contact information of the department
    3. Estimated cost including funding sources (revenue bonds, GO bonds, tuition and fees, federal, etc.)
    4. Contract type
    5. Delivery or performance schedule
    6. Period of performance or contract term
    7. Preferred proposal due date and time
    8. Indication whether the Procurement Officer or an Evaluation Committee will evaluate and score proposals.  If an Evaluation Committee will be used provide:
      • List of proposed Evaluation Committee Members and short biography of their qualifications, and
      • Signed Forms SPO-024, “Attestation Serving on an Evaluation, Review or Selection Committee,” for each named committee member.
        At a minimum, the Evaluation Committee must be composed of three government employees with sufficient qualifications relevant to the procurement. FCO will document qualifications on the Form SPO-044.

    9. The specific evaluation criteria, and their relative point value, to be used in the evaluation of proposals
    10. Applicable Contractor license required
    11. List of all applicable preferences
    12. Special contractual provisions
    13. Date, time and location of the pre-proposal conference, if applicable
    14. Proposal form or statement as to the manner in which prices are to be submitted
    15. List of documents to be incorporated by reference
    16. Any required internal approvals
    17. Identify all phases of the solicitation process where OFC assistance and support will be required. (Pre-proposal conference, establishing the priority list, discussions, etc.)
    18. Copy of University Project Tracking System project setup and number, as applicable.


    Step 3.  FCO will review the proposal package and, if sufficient, shall advertise the proposal via the University electronic procurement system, in accordance with HAR §3-122-16.02(b)(2), for a minimum of thirty (30) calendar days, unless the Procurement Officer makes a written determination that a shorter time will provide for adequate competition.

    Step 4.  For projects with a total estimated contract value of $100,000 or more, at least fifteen days prior to proposal submission the department shall hold a pre-proposal conference pursuant to HAR §3-122-16.05.

    Step 5.  FCO shall coordinate all questions or requests for clarification received from offerors with the department.  FCO shall issue any answers or changes to the RFP via an addendum utilizing the University’s electronic procurement system.

    Step 6.  FCO shall time stamp all proposals received in response to the RFP via the University electronic procurement system until the due date and time. FCO shall reject any proposals received after the due date and time stated in the RFP.

    Step 7.  FCO shall not open proposals publicly but shall open them in the presence of two or more state officials.  Once opened FCO shall prepare a register of proposals pursuant to HAR §3-122-55.

    Step 8.  OFC shall review all proposals for conformance with the RFP and other legal requirements.  Proposals shall be forwarded to the Evaluation Committee for review.

    Step 9.  The Evaluation Committee may conduct discussions with responsible offerors for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements.
    • Prior to entering into discussions with offerors the Evaluation Committee shall establish a priority list of offerors. To generate the priority list, proposals shall be classified initially as acceptable, potentially acceptable, or unacceptable.
    • All responsible offerors who submit acceptable or potentially acceptable proposals are eligible for the priority list.  When numerous offers are submitted the Evaluation Committee may rank proposals and limit the priority list to at least three responsible offerors submitting acceptable or potentially acceptable proposals.


    Step 10.  Proposal revisions are permitted after submissions and prior to award for the purpose of obtaining best and final offers (BAFO).  FCO will issue requests for BAFO solely to priority-listed offerors via addendum.  Any subsequent requests for best and final offers shall be pre-approved by the Procurement Officer.

    Step 11.  The Evaluation Committee shall evaluate proposals based solely on the evaluation factors and assign point values as set forth in the RFP.
    • Evaluation factors not specified in the RFP shall not be considered.
    • In evaluating the price as an evaluation factor, the lowest-priced proposal shall receive the maximum points allowable for the cost factor.  The points allocated to higher-priced proposals should be equal to the lowest proposal price multiplied by the maximum points available for price, divided by the higher proposal price.9
    • Evaluation Committees may use Form FCO-003, “Individual Evaluation Form (RFP),” and Form FCO-004, “Summary Evaluation Form,” to document Evaluation Committee results.
    • Once the Evaluation Committee has completed the evaluation and scoring of proposals they shall forward their results to FCO for review.


    Step 12.  FCO will review documentation provided by the Evaluation Committee for accuracy, sufficiency and conformance with HRS §103D-303.  FCO will notify the department if any issues or discrepancies are found. If the results of the Evaluation Committee are sufficient FCO will notify the department and seek recommendation to award. 

    Step 13.  The department shall submit the Form FCO-007, “Recommendation to Award,” and all required documents to FCO for action. Cost and pricing data requirements shall be in accordance with HRS §103D-312.  If the department seeks to cancel the RFP they shall coordinate such cancellation with FCO.

    Department will enter contract information into the University’s Project Tracking System, obtain approvals and generate the CIP Contract Encumbrance and Payment Form and copy of commitment approvals and submit to FCO.

    Department Fiscal Administrator will record the contract information in the University of Hawai‘i’s financial system of record, Kuali Financial System (KFS) to create the Purchase Order and provide a copy with the package.

    Step 14.  Upon receipt of Form FCO-007, FCO shall post the public notice of award, coordinate contract execution, encumber funds and distribute copies to the appropriate departments. 
    • FCOC will notify the department should any Offeror request a debriefing in accordance with HRS §103D-303(h).
    • FCO shall be the sole point of contact for any offeror protest. Any protest received by a department shall be immediately forwarded to OFC.
    • FCO shall issue the Notice to Proceed to the awarded offeror after coordination with the department.


    Step 15.  FCO will record and upload pertinent contract information into the University’s Project Tracking System.

  4. D. PROCUREMENT OF PROFESSIONAL SERVICES IN SUPPORT OF CONSTRUCTION

    POLICY

    At a minimum, before the beginning of each fiscal year, the University shall solicit providers of professional services to submit statements of qualifications in accordance with HRS §103D-304 and HAR §3-122 Subchapter 7 for the purpose of establishing a list of qualified professionals.  Selection and ranking of qualified firms shall be in accordance with the selection criteria specified in HRS 103D-304(e) and any other criteria the selection committee determines, in writing, as relevant to the department’s needs.  Contracts shall be negotiated with the first ranked firm, including a rate of compensation which is fair and reasonable and based upon the estimated value, scope, complexity, and nature of the services to be rendered.

    Professional services furnished by licensees under HRS Chapter 464 shall be procured utilizing the professional services procurement method.  Procurement of professional services in support of Construction furnished by professionals other than those specified in HRS Chapter 464 may use this method or any other applicable procurement method.  Professional services may be procured utilizing the emergency procurement method only when all elements of an emergency are met.  See, Section XII below.

    PROCEDURE

    Department personnel seeking to procure professional services utilizing the professional services method of procurement shall coordinate the procurement with FCO.

    Step 1.  Prior to the beginning of each fiscal year, FCO shall gather professional service requirements from University departments.  FCO shall prepare the yearly notice and post the public notice to the appropriate websites.  The notice will remain open and continuous throughout the fiscal year. 

    Step 2.  Review Committee
    The President, or designee, shall designate a Review Committee consisting of no less than three persons with sufficient education, training, licenses or credentials for the professional services required.10
    • FCO shall document the Review Committee, along with their relevant qualifications, on the Form SPO-044, “Review/Selection Committee Approval,” for President, or designee, signature.
    • FCO shall ensure Review Committee members execute an attestation of their impartiality and independence on the Form SPO-024, “Attestation Serving on an Evaluation, Review, or Selection Committee”.


    Step 3.  Professional services providers will register and create an account on the UH Consultant webpage. Firms will then submit their qualifications questionnaire online to be effective for that fiscal year.

    Step 4.  FCO will forward a list of the qualifications questionnaires received to the Review Committee for evaluation.

    Step 5.  The Review Committee shall evaluate the statements of qualifications for the purpose of compiling a list of qualified professionals. Recommendations for approval shall be forwarded to FCO for inclusion on the list of qualified professionals.  Once established, professional services may be procured from the list of qualified professionals developed by the Review Committee.

    Step 6.  Selection Committee
    When a department identifies a need for professional services during the fiscal year, the department shall forward the executed Form FCO-001, “Request for Procurement Services,” identify proposed committee members and provide the following documents, as applicable:
    • Completed and signed Form SPO-044, with a signed Form SPO-024, “Attestation Serving on an Evaluation, Review, or Selection Committee,” for each proposed Selection Committee member.
    • Short biography of qualifications, credentials and experience relevant to the project for each proposed committee member.


    Step 7.  Upon receipt of the Form FCO-001, FCO shall route the Form SPO-044 and Forms SPO-024 to the President, or designee, for approval of the proposed Selection Committee.  FCO will notify the department upon approval of the Selection Committee.

    Step 8.  The Selection Committee shall convene and complete a draft Form FCO-005, “Selection Committee Memorandum for File,” to guide the committee in their evaluation and selection. 
    • The Selection Committee may utilize combined FCO Form 003 (Prof. Services), “Individual Evaluation Form,” and FCO Form 004, “Summary Evaluation Form,” to document the Selection Committee results.
    • The Selection Committee may seek expressions of interest or presentations from firms on the qualified list to obtain a better understand of the firm’s qualifications relevant to the department’s requirement.
    • The Selection Committee shall finalize the Form FCO-005, “Selection Committee Memorandum for File,” documenting the evaluation and ranking of a minimum three qualified firms.
    • The Selection Committee shall request that FCO seek approval of the first-ranked firm by forwarding a draft of Form FCO-006, “Request for Approval of Consultant Selection and Approval to Conduct Contract Negotiations,” and associated score sheets, to seek delegation of authority, from the President, or designee, to enter into negotiations with the first-ranked firm.
    • FCO will submit the Approval request to the President or designee for review and approval. FCO will notify the committee of the determination.


    Step 9.  The President, or delegated negotiator, shall negotiate a contract with the first-ranked firm in accordance with HRS §103D-304(h).  If agreement cannot be made on scope, schedule, or rate of compensation the negotiator shall formally terminate negotiations with the first-ranked firm and commence negotiations with the second-ranked firm and so on until agreement is made. 

    Step 10.  Upon completion of negotiations, the department or delegated negotiator shall forward Form FCO-007, “Recommendation to Award,” and include the following documents, as applicable:
    1. Completed combined Form FCO-003 (Prof. Services), “Individual Evaluation Form” for each Selection Committee member and Form FCO-004, “Summary Evaluation Form.”
    2. Completed Form FCO-005, “Selection Committee Memorandum for File,” signed by Selection Committee members.
    3. Completed and signed FCO-006, “Request for Approval of Consultant Selection and Approval to Conduct Contract Negotiations.”
    4. Estimated cost including funding sources (revenue bonds, GO bond, tuition and fees, federal).
    5. Copy of Consultant's original fee proposal.
    6. Contract type.
    7. Period of performance or contract term.
    8. Copy of negotiated contract document.
    9. OPRPM Form 95 “Cost Reasonableness Determination,” including selected consultant’s proposal, certified cost/pricing data, if applicable, and summary of negotiations.


    Department will enter contract information into the University’s Project Tracking System, obtain approvals and generate the CIP Contract Encumbrance and Payment Form and copy of commitment approvals and submit to FCO.

    Department Fiscal Administrator will record the contract information in the University of Hawai‘i’s financial system of record, Kuali Financial System (KFS) to create the Purchase Order and provide a copy with the package.

    Step 11.  FCO will review documentation provided by the department for accuracy, sufficiency and conformance with HRS §103D-304.  FCO will notify the department if any issues or discrepancies are found. If the Selection Committee results and documentation are sufficient FCO will award the contract. 

    Step 12.  Upon receipt of Form FCO-007, FCO shall post the public notice of award, coordinate contract execution, encumber funds and distribute copies to the appropriate departments. 
    • FCO will notify the department should any professional service provider request a debriefing in accordance with HRS §103D-304(k).
    • FCO shall be the sole point of contact for any protest. Any protest received by a department shall be immediately forwarded to FCO.
    • FCO shall issue the Notice to Proceed to the awarded consultant after coordination with the department.


    Step 13. FCO will record and upload pertinent contract information into the University’s Project Tracking System.

  5. E. SOLE SOURCE

    POLICY

    Sole source purchases of Construction shall only be utilized when the requirement meets the conditions of HRS §103D-306 and HAR §3-122 Subchapter 9.  Sole source Construction procurements may only be made when:
    • The requirement appears on the list of procurements approved for sole source in accordance with HAR §3-122-81; or
    • The requirement has a unique feature, characteristic, or capability essential to the department to accomplish its work; and
    • The requirement is available from only one supplier or source.11


    PROCEDURE

    Department personnel seeking to procure Construction utilizing the sole source method of procurement shall coordinate the procurement with FCO.

    Step 1.  The department should obtain proper approvals and the Fiscal Administrator should identify availability of fund(s) by signing the Form FCO-001.

    Step 2.  Departments shall seek approval for a sole source procurement by completing Form SPO-001, “Notice and Request for Sole Source Procurement” and Form FCO-001, “Request for Procurement Services”. Form SPO-001 shall be signed by the Vice President or Vice Chancellor for the requesting department.  Forward both forms to FCO for review, recommendation and processing.  Please include the following documents:
    • A requisition and Purchase Order completed to the extent possible or a requisition for encumbrance purposes if a contract is to be issued;
    • A written quotation from the contractor which shall include total price, method of delivery, freight costs, delivery time, insurance, all applicable taxes, and discounts, if any; and
    • OPRPM Form 95, “Determination of Cost or Price Reasonableness,” to verify that price offered is considered fair and reasonable, and certified cost and pricing data in accordance with HRS §103D-312.


    Step 3.  FCO will seek approval from the UH President, as “Department Head”. Once obtained, FCO will forward the request to the SPO Administrator for review. 

    Step 4.  Upon receipt of Form SPO-001, the SPO evaluator will post the form to SPO’s notices website for seven (7) days to allow Contractors the opportunity to review and object to the request for sole source.
    • If in that time no objections are received, the SPO will review the justification for the sole source and, if approved, return it to UH to execute the contract.
    • If disapproved, the department shall follow the determinations and any recommendations set forth in the SPO Administrator’s response to the request and seek an alternative method of procurement for the requirement.


    Step 5.  Once received, FCO will notify the department of the SPO Administrator’s determination and seek recommendation to award. 

    Step 6.  The department shall submit the Form FCO-007, “Recommendation to Award,” and all required documents to FCO for action.

    Department will enter contract information into the University’s Project Tracking System, obtain approvals and generate the CIP Contract Encumbrance and Payment Form and copy of commitment approvals and submit to FCO.

    Department Fiscal Administrator will record the contract in the University of Hawai‘i’s financial system of record, Kuali Financial System (KFS) to create the Purchase Order and provide a copy with the package.

    Step 7.  Upon receipt of Form FCO-007, FCO shall post the public notice of award, coordinate contract execution, encumber funds and distribute copies to the appropriate departments. 

    Step 8.  FCO shall issue the Notice to Proceed to the awarded Contractor after coordination with the department.

    Step 9.  FCO will record and upload pertinent contract information into the University’s Project Tracking System.

    Step 10.  Departments shall forward to FCO a signed Form SPO-001B, “Notice of Amendment to Sole Source Contract,” in the same manner as above for any amendments to the original sole source contract. Extensions to existing sole source contracts shall be processed as a new request.

  6. F. EMERGENCY PROCUREMENT

    POLICY

    Emergency purchases of Construction and professional architecture and engineering services12 shall only be utilized in accordance with HRS §103D-307 and HAR §3-122 Subchapter 10 and shall only address the immediate needs brought about by the emergency condition.

    Emergency procurements may only be made when all the following conditions are met:13

    • A situation of an unusual or compelling urgency creates a threat to life, public health, welfare, or safety by reason of major natural disaster, epidemic, riot, fire, or such other reason as may be determined by the UH President.
    • The emergency condition generates an immediate and serious need for goods, services, or Construction that cannot be met through normal procurement methods and the government would be seriously injured if the purchasing agency is not permitted to employ the means it proposes to use to obtain the goods, services, or Construction.
    • Without the needed good, service, or Construction, the continued functioning of government, the preservation or protection of irreplaceable property, or the health and safety of any person will be seriously threatened.


    PROCEDURE

    Department personnel seeking to procure Construction and/or professional services utilizing the emergency method of procurement shall coordinate the procurement with FCO.

    Step 1. The department should obtain proper approvals and the Fiscal Administrator should certify availability of fund(s) by signing the Form FCO-001.

    Step 2.  Prior to award, or if time does not permit, as soon as practicable thereafter, the department shall seek approval for an emergency procurement by completing Form SPO-002, “Emergency Procurement”, and Form FCO-001, “Request for Procurement Services”. Form SPO-002 shall be signed by the Vice President or Vice Chancellor for the requesting department.  Forward both forms to FCO for review, recommendation and processing.  Please include the following documents:
    • A requisition and Purchase Order completed to the extent possible or a requisition for encumbrance purposes if a contract is to be issued; and
    • A quotation or invoice from the contractor / consultant.


    Step 3.  FCO will seek approval from the UH President, as “Department Head”. Once obtained, FCO will forward the request to the SPO Administrator for review. 

    Step 4.  The SPO Administrator will review the request for the emergency procurement and, if approved, return it to UH to execute the contract.
    If disapproved, the department shall follow the determinations and any recommendations set forth in the SPO Administrator’s response to the emergency procurement request and seek further guidance from FCO.
    Step 5.  Once approval is received, FCO will notify the department of the SPO Administrator’s determination and seek recommendation to award. 

    Step 6.  The department shall submit the Form FCO-007, “Recommendation to Award,” and all required documents to FCO for action.
    Department will enter contract information into the University’s Project Tracking System, obtain approvals and generate the CIP Contract Encumbrance and Payment Form and copy of commitment approvals and submit to FCO.
    Department Fiscal Administrator will record the contract in the University of Hawai‘i’s financial system of record, Kuali Financial System (KFS) to create the Purchase Order and provide a copy with the package.

    Step 7.  Upon receipt of the Form FCO-007, “Recommendation to Award,” FCO shall post the public notice of award, coordinate contract execution, encumber funds and distribute copies to the appropriate departments.

    Step 8.  FCO will record and upload pertinent contract information into the University’s Project Tracking System.


  7. IX.  Contract Administration and Closeout

    Policy

    After contract award, UH will administer purchases of Construction and professional architecture and engineering services in a manner to ensure the contract is performed satisfactorily and in a timely manner while ensuring the financial interests of the University are protected.

    Procedure

    Step 1:  FCO shall be responsible for post-award contracting actions including, but not limited to, the actions listed below for contracts executed by FCO or any other project on a case by case basis. OPRPM shall be responsible for post-award contracting actions including, but not limited to, the actions listed below for contracts originally processed by OPRPM.

    1. Issuance of:
      • Notice to Proceed
      • Contract change order(s) and/or modification(s)
      • Extension to the contract term or period of performance
      • Stop work order or suspension
      • Cure notice
      • Show cause letter
    2. Contract novation, name change, or assignment
    3. Imposition of liquidated damages
    4. Terminations for convenience
    5. Terminations for default
    6. Claims or other legal actions
    7. Contractor debarment or suspension

    Step 2:  Departments shall coordinate all post-award contracting actions with FCO by submitting the Form FCO-001, “Request for Procurement Services” and include documents relevant to the action required. 

    Departments may contact FCO at any time during the contract period of performance with any questions, concerns, or if other support is needed regarding the contract.

    For contracting actions affecting cost and/or schedule, the department will enter contract information into the University’s Project Tracking System, obtain approvals, and generate the CIP Contract Encumbrance and Payment Form and copy of commitment approvals and submit to FCO.

    Step 3. Upon receipt of the CIP Contract Encumbrance and Payment Form, FCO shall post the public notice of contract modification, coordinate contract execution,
    encumber funds and distribute copies to the appropriate departments.

    Step 4.  FCO shall record the contract modification or change order in the University of Hawai‘i’s financial system of record, Kuali Financial System (KFS) to create the Purchase Order Amendment (POA).

    Step 5.  FCO will record and upload pertinent contract information into the University’s Project Tracking System.

    Step 6.  Prior to contract close out, the department shall complete and submit an evaluation of the Contractor or Consultant to FCO.  FCO and OPRPM will closely coordinate the maintenance and accessibility of vendor evaluations for use in future procurements. 

    Step 7.  When contract performance is completed and accepted by UH, Fiscal Administrators shall close the contract file by:
    • Submitting a completed OPRPM Form 127b, “Completion Report,” to FCO; and
    • Submitting appropriate supporting documents (e.g., tax  clearance in accordance with HRS §103-53, etc.) to the Disbursing Office prior to release of final payment, if applicable.





    1 Pursuant to HRS §304A-105(b), as amended, the procurement of goods, services, and Construction by the University is subject to the requirements of HRS Chapter 103D, and the Hawaii Administrative Rules (HAR) adopted pursuant thereto (Chapter 3-120 to 3-132).

    2 The Code of Ethics for public officers and state employees in the conduct of procurement activities is detailed in HRS §103D-101(a) and further detailed in HAR 3-131-1.02, with penalties for violation set forth in HRS §103D-106 and HAR 3-131-4.

    3The terms used in this procedure, unless the context requires otherwise, shall have the same meaning as defined in the following statutes and rules:  HRS §103D-104, HAR §§ 3-120 - 3-132.

    4HRS §103D-203(a)(5)

    5Pursuant to Executive Policy EP 8.105, the President has delegated authority to the Vice President for Administration (VPA) to carry out the responsibilities relating to the procurement of goods, services, and Construction and authority to execute all contractual documents relating to such procurement actions.  The VPA has authority to further delegate to designees.

    6See, APM Section AP 8.245 for procedures related to procurement of other professional services.

    7SPO on-demand training can be found at http://spo.hawaii.gov/for-state-county-personnel/training/on-demand-training/.

    8Professional services furnished by professionals other than licensees under HRS Chapter 464 may use the professional services method set forth in HRS §103D-304 or any other procurement method, as applicable. 

    9Consideration shall be given to all applicable preferences as provided under HRS Chapters 103 and 103D and HAR Chapter 3-124 prior to evaluating the price factor.

    10Deputy Directors or equivalent appointed positions shall not serve on Review or Selection Committees.

    11Examples of sole source procurements may include, but are not limited to: proprietary items; items with compatibility to existing equipment; or public utility repair or construction that can only be provided by the utility company.  Examples of procurements that do NOT meet the justification for a sole source include, but are not limited to: an item referred to by an exact brand, but there are other brands that qualify as "equals"; restrictive specification and/or an item that is unique but available from multiple suppliers; an incumbent contractor who has been furnishing services to an agency; an item is specified by brand name and model number in a federal grant, (this merely constitutes approval to use such funds for acquisition of the item and does not constitute approval for a sole source purchase); or a potential loss of funds at the end of a fiscal year.

    12An emergency purchase of professional design services is allowable but only if the emergency requirements of HRS §103D-307 are met.

    13Lack of planning or the potential loss of funds at the end of a fiscal year does not constitute an emergency condition.



    Approved

    Signed
    Not Found
    May 05, 2017
    Date

    Topics

    No Topics found.


    Attachments

    +
    Form Fillable Attachment(s)