Bill Text: HI SB1207 | 2022 | Regular Session | Amended
Bill Title: Relating To Procurement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB1207 Detail]
Download: Hawaii-2022-SB1207-Amended.html
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THE SENATE |
S.B. NO. |
1207 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PROCUREMENT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103D-307, Hawaii Revised Statutes, is amended to read as follows:
"[[]§103D-307[]] Emergency procurements. (a) The
head of a purchasing agency may obtain a good, service, or construction
essential to meet an emergency by means other than specified in this chapter
when the following conditions exist:
(2) The emergency condition generates an immediate
and serious need for goods, services, or construction that cannot be met
through normal procurement methods and the government would be seriously
injured if the purchasing agency is not permitted to employ the means it
proposes to use to obtain the goods, services, or construction; and
(3) Without
the needed good, service, or construction, the continued functioning of
government, the preservation or protection of irreplaceable property, or the
health and safety of any person will be seriously threatened.
(b) The emergency procurement shall be made with [such]
competition as is practicable under the circumstances [and, where
practicable, approval from the chief procurement officer shall be obtained
prior to the procurement]. A written
determination of the basis for the emergency and for the selection of the
particular contractor shall be included in the contract file.
(c) The head of the purchasing agency that makes
an emergency procurement in response to a threat to life, public health,
welfare, public property, serious disruption to government services, or safety,
by reason of major natural disaster, epidemic, riot, fire, or equipment failure,
shall account for the money spent in making the procurement and report on that
accounting to the chief procurement officer in a timely manner and to the
legislature within sixty days after the end of the fiscal year in which the
procurement was made."
SECTION 2.
Statutory material to be repealed is bracketed
and stricken. New statutory material is
underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Emergency; Procurement; Public Property; Equipment Failures; Government Services
Description:
Allows the head of a purchasing agency to obtain emergency procurements
in certain situations that create a threat to life, public health, welfare, public
property, or serous disruption to government services, including situations caused
by equipment failures. Replaces Chief Procurement
Officer approval with an accounting report to the Chief Procurement Officer in a
timely manner and to the Legislature within sixty days after the end of the
fiscal year in which the procurement was made. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
