Bill Text: HI SB2385 | 2022 | Regular Session | Introduced
Bill Title: Relating To Procurement.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Engrossed - Dead) 2022-04-05 - The committee(s) on FIN recommend(s) that the measure be deferred. [SB2385 Detail]
Download: Hawaii-2022-SB2385-Introduced.html
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THE SENATE |
S.B. NO. |
2385 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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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. The legislature finds that the procurement of professional services pursuant to section 103D-304, Hawaii Revised Statutes, currently requires a selection committee to rank a minimum of three persons based on the selection criteria and send the ranking to the head of the purchasing agency to begin negotiations. This requirement was upheld in Asato v. Procurement Policy Board, 322 P.3d 228 (Haw. S. Ct. 1994). However, when an agency procures professional services and does not receive the requisite number of responses, it must continue to re-solicit. This forces the procuring official to continue expending time and resources to fulfill the solicitation. An alternate procurement approval would increase efficiency and facilitate the procurement of specialized professional services.
Accordingly, the purpose of this Act is to allow agencies to seek alternative procurement approval for the procurement of professional services when there are fewer than three qualified persons available.
SECTION 2. Section 103D-304, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) The selection committee shall rank a minimum of three persons based on the selection criteria and send the ranking to the head of the purchasing agency. If less than three qualified persons are available, the agency may submit a request for alternative procurement approval from the chief procurement officer or designee. The contract file shall contain a copy of the summary of qualifications for the ranking of each of the persons provided to the head of the purchasing agency for contract negotiations. If more than one person holds the same qualifications under this section, the selection committee shall rank the persons in a manner that ensures equal distribution of contracts among the persons holding the same qualifications. The recommendations of the selection committee shall not be overturned without due cause."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Procurement; Professional Services; Alternative Procurement Approval
Description:
Allowing agencies to seek alternative procurement approval for the procurement of professional services when there are fewer than three qualified persons.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
