HomeMy WebLinkAboutCOM 0504.004 2010-2012BRENDA J. FORD
Council Member
District 7 - Central Kona
DATE:
TO:
FROM:
SUBJECT:
Phone:
Fax:
(808) 323 -4277
(808) 329- 4786
E -Mail: bford @co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawaii
West Hawaii Civic Center
74 -5044 Ane Keohokalole Hwy.
Kailua -Kona, Hawaii 96740
December 21, 2011
Dominic Yagong, Chairperson,
and Members of the Hawai`i County Council
Brenda J. Ford, Council Member
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HRS 103D — 303 (Competitive sealed proposals) information related to
Resolution No. 201-11; Amending Resolution No. 34 -11 Authorizing The
Payment of Funds of a Later Fiscal Year and of a Multi- Fiscal Year Agreement
for Furnishing and Implementing Organic Waste Diversion Sites and Compost
Operations in West Hawai`i and East Hawaii for the Department of
Environmental Management.
Please find attached the current version of Hawai`i Revised Statutes section 103D -303 to be
distributed to the council members for discussion.
BJF /dkr
Serving the Interests of the People of Our Island
Hawai`i County Is An Equal Opportunity Provider And Employer
Comm. No. l
Ref. Toss �esaJ_�_'_
Ref. Date '-DEC 21 2011
HRS 103D -303
§103D -303 Competitive sealed proposals. (a) Competitive sealed
proposals may be used to procure goods, services, or construction that
are either not practicable or not advantageous to the State to procure
by competitive sealed bidding.
(b) Proposals shall be solicited through a request for proposals.
(c) Notice of the request for proposals shall be given in the
same manner as provided in section 103D- 302(c).
(d) Proposals shall be opened so as to avoid disclosure of
contents to competing offerors during the process of evaluation. A
register of proposals shall be prepared and shall be open for public
inspection after contract award.
(e) The request for proposals shall state the relative importance
of price and other evaluation factors.
(f) Discussions may be conducted with responsible offerors who
submit proposals determined to be reasonably likely to be selected for
a contract award for the purpose of clarification to assure full
understanding of, and responsiveness to, the solicitation
requirements. Offerors shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revision of proposals,
and revisions may be permitted after submissions and prior to award for
the purpose of obtaining best and final offers. In conducting
discussions, there shall be no disclosure of any information derived
from proposals submitted by competing offerors.
(g) Award shall be made to the responsible offeror whose proposal
is determined in writing to be the most advantageous, taking into
consideration price and the evaluation factors set forth in the request
for proposals. No other factors or criteria shall be used in the
evaluation. The contract file shall contain the basis on which the
award is made.
(h) In cases of awards made under this section, non - selected
offerors may submit a written request for debriefing to the procurement
officer within three working days after the posting of the award of the
contract. Thereafter, the procurement officer shall provide the non -
selected offeror a prompt debriefing. Any protest by the non- selected
offeror pursuant to section 103D -701 following debriefing shall be
filed in writing with the procurement officer within five working days
after the date upon which the debriefing is completed.
(i) In addition to any other provisions of this section,
construction projects may be solicited through a request for proposals
to use the design -build method; provided that:
(1) A request for proposals is issued to prequalify
offerors to select a short list of no more than
three responsible offerors, prior to the
submittal of proposals; provided that the number
of offerors to be selected for the short list
shall be stated in the request for proposals and
prompt notice is given to all offerors as to
which offerors have been short - listed;
(2) A conceptual design fee may be paid to non -
selected offerors that submit a technically
responsive proposal; provided that the cost of
the entire project is greater than $1,000,000;
and
(3) The criteria for pre - qualification of offerors,
design requirements, development documents,
proposal evaluation criteria, terms of the
payment of a conceptual design fee, or any other
pertinent information shall be stated in the
request for proposals. [L Sp 1993, c 8, pt of §2;
am L 1995, c 178, § §8, 9; am L 1997, c 352, §23;
am L 2003, c 52, §4; am L 2011, c 211, §3]