Bill Text: HI SB2030 | 2012 | Regular Session | Amended
Bill Title: Procurement; Joint Contractors and Subcontractors
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2012-04-26 - (S) Conference committee meeting to reconvene on 04-27-12 9:30AM in conference room 423. [SB2030 Detail]
Download: Hawaii-2012-SB2030-Amended.html
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THE SENATE |
S.B. NO. |
2030 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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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-104, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Ministerial act" means an act in which a person performs on a given state of facts in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of the person's own judgment upon the propriety of the act being done."
SECTION 2. Section 103D-302, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) Correction or withdrawal of inadvertently
erroneous bids before or after award, or cancellation of invitations for bids,
awards, or contracts based on such bid mistakes, shall be permitted in
accordance with rules adopted by the policy board. After bid opening no
changes in bid prices or other provisions of bids prejudicial to the interest
of the public or to fair competition shall be permitted[.]; provided
that the procurement officer may:
(1) Allow the scope of work for a listed subcontractor to be expanded for clarification purposes only within five working days of bid opening; provided further that the listed subcontractor possesses the proper contractor's license to include the expanded work; and
(2) Permit a previously licensed and listed subcontractor whose license at bid time had been suspended or forfeited due solely to a ministerial act, pursuant to chapter 444, to be considered valid provided that the subcontractor's license is reinstated before the award.
Except as otherwise provided by rule, all decisions
to permit the correction or withdrawal of bids, or to cancel awards or
contracts based on bid mistakes, shall be supported by a written determination
made by the [chief] procurement officer [or head of a purchasing
agency]."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2112.
Report Title:
Procurement; Joint Contractors and Subcontractors
Description:
Allows the procurement officer to expand the scope of work in a bid for a listed subcontractor, with certain conditions, after bid opening. Effective July 1, 2112. (SB2030 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
