Bill Text: HI SB2385 | 2022 | Regular Session | Amended
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-Amended.html
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THE SENATE |
S.B. NO. |
2385 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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. The legislature finds that the procurement of professional services under 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, the legislature further finds that when an agency seeks to procure professional services and does not receive the requisite minimum of three responses, it must continue to re-solicit, expending additional time and resources to fulfill the solicitation. An alternate procurement approval process would increase efficiency and facilitate the procurement of specialized professional services by allowing procuring agencies to timely procure needed professional services in situations where the agency receives less than three bids or proposals from qualified persons.
Accordingly, the purpose of this Act is to allow agencies to seek alternative procurement approval for the procurement of professional services, in situations where a procuring agency receives less than three bids or proposals from qualified persons in the solicitation of professional services.
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[.]; provided that if fewer than three qualified
persons submit bids or proposals, 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Procurement; Professional Services; Alternative Procurement Approval
Description:
Allows agencies to seek alternative procurement approval for the procurement of professional services when fewer than three qualified persons submit bids or proposals. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
