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Harry Kim " Lincoln S.T.Ashida
Mayor tip_ _w Corporation Counsel
R Gerald Takase
COUNTY OF HAWAII Assistant Corporation Counsel
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street,Suite 325 • Hilo,Hawaii 96720-4262 •(808)961.8251 • Fax(808)961-8622
April 13, 2004
PRIVILEGED AND CONFIDENTIAL
COMMUNICATION ATTORNEY-
CLIENT COMMUNICATION
NOT A PUBLIC RECORD
Milton D. Pavao, Manager
Department of Water Supply
345 Kekuanao'a Street, Suite 20
Hilo, Hawai'i 96720
Attn: Daryl Ikeda
Dear Mr. Pavao:
RE: Brantley Center, Inc.
Corporation Counsel Work Control No. 04-7325
You requested my opinion on whether you could award the Brantley Center, Inc.
a maintenance contract without going out to bid. You indicated that the Brantley Center,
Inc. is a nonprofit vocational rehabilitation center.
Pursuant to H.R.S. § 103D-1010, without advertising or calling for bids,you may
purchase services from a qualified community rehabilitation program serving people with
disabilities that have indicated an interest in supplying the service. Provided, however,
that the services meet your specifications and needs, are purchased at a fair market price,
and:
1) Meet all of the requirements of a qualified community rehabilitation
program under section 103D-1001; and
2) Maintain a disabled to non-disabled employee ratio equal to or in excess
of three-to-one for work hours of direct labor at all times in the work
contracted.
Hawaii County is an Equal Opportunity Provider and Employer
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.
Milton D. Pavao, Manager
April 13, 2004
Page 3
If you have any further questions, please feel free to call me.
Sincerely,
KATHERINE A. GARSON
Deputy Corporation Counsel
KAGfc
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