2004-04-13_Brantley_Center_Contract

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Milton D. Pavao, Manager April 13, 2004 Page 2 Pursuant to H.R.S. § 103D-1001, a qualified community rehabilitation program means a nonprofit community rehabilitation program for persons with disabilities that: 1) Is organized and incorporated under the laws of the United States or this State, and located in this State; 2) Is operated in the interest of and employs persons with disabilities; 3) Does not inure any part of its net income to any shareholder or other individual; 4) Complies with all applicable occupational health and safety standards required by the federal, state, and county governments; and 5) Holds a current certificate from the United States Department of Labor pursuant to the Fair Labor Standards Act, Title 29 United States Code Section 214(c), and is certified by the State Department of Labor and Industrial Relations under Section 387-9, and applicable administrative rules relating to the employment of persons with disabilities. Assuming the Brantley Center, Inc. is a qualified community rehabilitation program, under H.R.S. § 103D-1010, the purchasing agency shall: 1) Receive and review proposals submitted by qualified community rehabilitation programs to provide good or services, and determine if they are suitable for purchase by the agency; 2) Negotiate the conditions and terms for the purchase, including the price of the offer, between the agency and the qualified community rehabilitation program; provided that the price of the offer shall not exceed the fair market price, and there is assurance that the qualified community rehabilitation program proposal is in compliance with all administrative rules related to purchasing; and 3) Ensure that any goods or service purchased from a qualified community rehabilitation program shall not be placed on the Hawaii products list under § 103D-1002. Thus, provided the Brantley Center, Inc. meets the qualifications for a qualified community rehabilitation program, you can award to them without calling for bids.