Bill Text: HI SB3014 | 2018 | Regular Session | Amended
Bill Title: Relating To Procurement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-08 - Referred to LAB, FIN, referral sheet 35 [SB3014 Detail]
Download: Hawaii-2018-SB3014-Amended.html
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THE SENATE |
S.B. NO. |
3014 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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 103-55.6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) A governmental body, as defined in section 103D-104, that enters into a public works contract under this chapter having an estimated value of not less than $250,000, shall decrease the bid amount of a bidder by five per cent if the bidder is a party to an apprenticeship agreement registered with the department of labor and industrial relations for each apprenticeable trade the bidder will directly employ to construct the public works, and in conformance with chapter 372. The lowest total bid, taking the preference into consideration, shall be awarded the contract unless the solicitation provides for additional award criteria. The contract amount awarded, however, shall be the amount of the price offered, exclusive of the preference."
2. By amending subsection (c) to read:
"(c) At the time of submission of a competitive
sealed bid or a competitive sealed proposal by a bidder, the bidder shall
furnish written proof of being a party to a registered apprenticeship agreement
for each apprenticeable trade the bidder will directly employ to
construct the public works [and, if]. Prior to the award, the procurement agency
shall verify that the apprenticeable trade in which the bidder qualified for
the preference is a trade needed to construct the public works project for
which the offer is being made. If apprenticeable
trade is not a trade needed to construct the public works project for which the
offer is being made which would qualify the bidder for the preference, then the
preference shall not be applied. If
awarded the contract, using the preference the bidder shall continue to
certify monthly in writing that the bidder is a party to a registered
apprenticeship agreement for each apprenticeable trade the bidder will directly
employ to construct the public works for the entire duration of the bidder's
work on the project. This subsection
shall be deemed to be incorporated into a public works contract. A bidder who is awarded a contract shall be
subject to the following sanctions if, after commencement of work, the bidder
at any time during the construction is no longer a party to a registered
apprenticeship agreement for each apprenticeable trade the bidder will directly
employ to construct the public works:
(1) Temporary or permanent cessation of work on the project, without recourse to breach of contract claims by the bidder; provided that the governmental body shall be entitled to restitution for nonperformance or liquidated damages, as appropriate; or
(2) Proceedings to debar or suspend under section 103D-702."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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:
Public Works; Apprenticeship Agreement
Description:
Clarifies requirements for public works projects for a bidder who is a party to an apprenticeship agreement. Requires that, the procurement agency shall verify that the apprenticeable trade in which the bidder qualified for the preference is a trade needed to construct the public works project for which the offer is being made prior to the award. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
