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. 1 |
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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:
(1) A situation of an unusual or compelling
urgency creates a threat to life, public health, welfare, or safety by reason
of major natural disaster, epidemic, riot, fire, or similar events and to a
lesser extent, by reason of equipment failures, repairs to public property in
order to protect against further loss of, or damage to, public property, or to
prevent or minimize serious disruption in continued functioning of government
services, or such other reason as may be determined by the head of that purchasing
agency;
(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 serious threat to life, public
health, welfare, or safety by reason of major natural disaster, epidemic, riot,
fire, or similar events and to a lesser extent, equipment failures, repairs to
public property in order to protect against further loss of, or damage to,
public property, to prevent or minimize serious disruption in continued
functioning of government services, 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 upon its approval.
Report Title:
Emergency; Procurement; Public Property; Repairs; Equipment Failures; Government Services
Description:
Allows the head of a purchasing agency to obtain emergency procurements due to equipment failures; repairs to public property to protect against further loss of, or damage to, public property; and to prevent or minimize serious disruption in continued functioning of government services. 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. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
