April 2006

Letter to SPO June 25, 2006

June 25, 2006
 Chief Procurement Officer
 State Procurement Office
 P.O. Box 119
 Honolulu, HI 96810

 (via e-mail aaron.fujioka@hawaii.gov)

RE: PE 06-064-J

 Dear Mr. Fujioka,

DCCA has been in violation of State procurement law for many years now with regard to Public, Education and Government (PEG) Cable TV access contracts. According to CPO comments signed June16, 2006, SPO denied DCCA's sole source exemption request PE-06-064-J. According to that document, SPO is allowing DCCA between July 1, 2006 through June 30, 2007 to complete the necessary procurement process in accordance with HRS chapter HR103D.

As a 501c3 nonprofit corporation, the Community Media Producers Association (CMPA) would like to submit a competitive bid for PEG scope of services when offered and is concerned about aspects of the RFP process. CMPA is hopeful that the process would be competitive, but is concerned that the current PEG corporations that have been benefiting from the DCCA violations of State Procurement law would have an advantage that is unwarrantable and unfair.

If a corporation has received monies, property or capital improvements from an illegal process, is there any rule that prohibits that entity from competing on other invitations for bid from the State for a certain period of time after the violation has been found?

CMPA is recommending that any corporation that has benefited from the illegal process, whether from their initiative or not, be pronounced ineligible from the bidding process. These corporations have received funding in violation of the State procurement law for many years and thus have had the benefit of facilities, equipment, and capital improvements obtained in violation of State procurement law .

If SPO does not find these corporations who have directly benefited from or been recipients of the prior sole source designation should be prohibited from or delayed in the upcoming RFP participation, then consider placing the following specification in the scope of services of the bid:

“No state mandated or government funds, equipment or facilities, staff or contracted consultants paid by these funds, or any past state employee or former PEG board director that was directly or indirectly party to the violation(s) of state procurement code, 103d, HRS related to PEG and/or HPTF contracts, may be used to prepare any RFP or portion thereof, or in any way compete via subcontract to another corporation for the purposes of submitting an RFP for any State DCCA funded projects.”

CMPA is willing to comply with the above guideline.

Regards,

Carol Bain, president, bain@kauai.net

Community Media Producers Association

1658 Liholiho Street, #506, Honolulu HI, 96822, PH: 808-246-2111