Bill Text: HI SB2737 | 2018 | Regular Session | Introduced
Bill Title: Relating To Procurement Of Treatment Purchase Of Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-24 - Referred to GVO/HMS/CPH, WAM. [SB2737 Detail]
Download: Hawaii-2018-SB2737-Introduced.html
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THE SENATE |
S.B. NO. |
2737 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PROCUREMENT OF TREATMENT PURCHASE OF SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The treatment purchase of services
statute, section 103F-404, Hawaii Revised Statutes, was established to provide
purchasing agencies an alternative to competitively procuring for health and
human services that (1) are sporadically used and (2) cannot be anticipated
accurately on an annual basis. This
method of procurement is intended to be used on a one-time, short-term
basis. Due to its restrictive nature,
the treatment method of procurement has limited demand since other methods can
generally satisfy the requirement. As
each department and chief procurement officer jurisdiction may have
unanticipated, short-term requirements specific for its service needs, it is in
the best interest of the State to allow each department to establish its own
lists of qualified providers, when applicable.
Therefore, the treatment purchase of service statute should be amended
to allow departments and chief procurement officer jurisdictions to issue the
request for statements of qualifications and to establish their own lists of
qualified providers.
SECTION
2. Section 103F-404, Hawaii Revised
Statutes, is amended to read as follows:
"[[]§103F-404[]]
Treatment purchase of services.
(a) Treatment services may be
purchased in accordance with this section if [either or both of] the
following circumstances are applicable:
(1) [Such] The needs for treatment
services [may become necessary from time to time, but cannot be anticipated
accurately on an annual or biennial basis; and] are unanticipated and
arise from time to time;
[(2) When deferring treatment until
solicitation, provider selection, and contract formation can be completed, the
problem needing treatment would be rendered worse than at the time of diagnosis
or assessment.
Contracts for treatment
services shall be awarded on the basis of demonstrated competence and
qualification for the type of service required, and at fair and reasonable
prices.]
(2) The required service is for a one-time
purchase for not more than $100,000 and no longer than one year;
(3) The services are industry standard
services, that is, the services are generally accepted practices by the
industry or profession; and
(4) The award of a contract is based on
demonstrated competence and qualification for the type of service required and
at fair and reasonable prices.
(b) [At a minimum, before the beginning of
each fiscal year, the administrator] As applicable, the head of the
purchasing agency shall, at a minimum, publish a notice describing
the types of treatment services that may be needed throughout the year on a [periodic]
sporadic basis and [inviting] invite providers engaged in
providing these treatment services to submit current statements of
qualification and expressions of interest to the [office.] purchasing
agency. [The chief procurement
officer may specify a uniform format for statements of qualifications.] Providers may amend these statements by
filing an amended or new statement prior to the date designated for submission.
(c) The [administrator] head of the
purchasing agency shall form an initial review committee for each
profession, consisting of a minimum of three employees from a state agency
or agencies with sufficient education, training, and licenses or credentials to
evaluate the statements of qualifications which the [administrator] head
of the purchasing agency receives in response to the notice published
pursuant to subsection (b). The
committee shall review and evaluate the submissions and other pertinent
information, including references and reports, and prepare a list of qualified
providers to provide treatment services during the fiscal year. Providers included on the list of qualified
treatment providers may amend their statements of qualifications as necessary
or appropriate. Providers shall
immediately inform the [administrator] head of the purchasing agency
of any changes in information furnished [which] that would
disqualify the provider from being considered for a contract award.
(d) When the need to purchase treatment arises,
the head of a purchasing agency shall select the provider most qualified to
provide the needed treatment from the list of qualified providers.
(e) The head of the purchasing agency, or a
designee, shall negotiate a contract, including a rate of compensation [which]
that is fair and reasonable, established in writing, and based upon the
estimated value, scope, nature, and complexity of the treatment services to be
rendered, or use the rate established by the [administrator,] head of
the purchasing agency, if any. If
negotiations fail, upon written notice of an impasse to the provider selected
under subsection (d), the head of the purchasing agency shall choose another
provider from the list of qualified providers, and conduct further
negotiations. Negotiations shall be
conducted confidentially.
(f)
Contracts for treatment services
in excess of $100,000 or that last for more than one year shall [be
procured using section 103F-402, competitive purchase of services, unless a
waiver of this subsection is approved by the chief procurement officer.] utilize
another method of procurement."
SECTION
3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION
4. This Act shall take effect upon its
approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Procurement; Treatment Purchase of Service
Description:
Authorizes the departments to issue the request for statements of qualifications and to establish lists of qualified providers for treatment purchase of service. Effective upon approval.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
