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Harry Kim a�+trios„ Lincoln S.T.Ashida <br /> Corporation Counsel <br /> Gerald Takase <br /> ,;:. M•,;:'�; Assistant Corporation <br /> ''•o:'M►� Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street,Suite 325 • Hilo, Hawaii 96720-4262 (808)961-8251 • Fax(808)961-8622 <br /> PRtltlll_ G 1 tl�t� t Y �CQMMUNJCA'1IQN <br /> �Vt�'NI��►'1`141� <br /> May 8, 2006 <br /> Ms. Charmaine Kamaka <br /> Safety Director <br /> Department of Civil Service <br /> 101 Pauahi Street, Suite 2 <br /> Hilo, Hawaii 96720 <br /> Re: IME and Procurement Code <br /> Our File: WRK 06-12264 <br /> Dear Ms. Kamaka: <br /> You requested an opinion of this office regarding the applicability of the Procurement <br /> Code of the State of Hawaii on IME examinations which are scheduled by the Workers' <br /> Compensation Unit in selected cases. Your question was whether IME examinations can be <br /> scheduled without adhering to the process outlined in the Procurement Code. <br /> Section 103D-102 of the Hawaii Revised Statutes relates to the application of the <br /> Procurement Code to various transactions. As a general rule, it requires that all procurement <br /> contracts made by a governmental body be covered by the Procurement Code. <br /> This section does have recognized exceptions and states in subsection ((b)(4): <br /> To produce the following goods or services which are available from <br /> multiple sources but for which procurement by competitive means is either <br /> not practicable or not advantageous to the State: <br /> (A) Services of expert witnesses for potential and actual litigation <br /> of legal matters involving the State, its agencies, and its officers <br /> and employees, including administrative quasi-judicial <br /> proceedings[.] <br /> It is the opinion of this office that when a physician or other expert is retained in a <br /> particular matter, the skill or expertise that is required is particular to that witness. When an IME <br /> is requested, it is requested in anticipation of litigation, where the person performing the IME <br /> Hawaii County is an Equal Opportunity Provider and Employer <br />