Bill Text: HI HB2044 | 2012 | Regular Session | Amended

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Bill Title: Procurement; Administrative Proceedings

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2012-02-28 - (H) The committee(s) on FIN recommend(s) that the measure be deferred. [HB2044 Detail]

Download: Hawaii-2012-HB2044-Amended.html

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STAND. COM. REP. NO.  429-12

 

Honolulu, Hawaii

                , 2012

 

RE:   H.B. No. 2044

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Economic Revitalization & Business, to which was referred H.B. No. 2044 entitled:

 

"A BILL FOR AN ACT RELATING TO PROCUREMENT,"

 

begs leave to report as follows:

 

     The purpose of this measure is to require a hearings officer to affirm the decision of a procurement officer in protests filed in connection with solicitation or award of a contract under section 103D-701, Hawaii Revised Statutes, unless the procurement officer's decision is shown by clear and convincing evidence to be arbitrary, capricious, fraudulent, or clearly erroneous.

 

     The Department of Budget and Fiscal Services of the City and County of Honolulu, Healy Tibbitts Builders, Inc., S&M Sakamoto, Inc., Grace Pacific Corporation, and Ralph S. Inouye Co., Ltd. testified in support of this measure.  The General Contractors Association testified in support of this measure with amendments.  The Department of Commerce and Consumer Affairs, and Associated Builders and Contractors, Incorporated provided comments on this measure.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting its contents and replacing it with language that amends the administrative review process by limiting the hearings officers' scope of review to a review of the written record of the procuring agency's protest proceedings in order to determine whether the agency's decision was arbitrary, capricious, fraudulent, or clearly erroneous;

 

     (2)  Changing the effective date to July 1, 2112, for the purposes of facilitating further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Economic Revitalization & Business that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2044, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2044, H.D. 1, and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Economic Revitalization & Business,

 

 

		____________________________ ANGUS L.K. McKELVEY, Chair