REPORT TITLE:
Pub. Procurmt; Nonbid Contr.


DESCRIPTION:
Imposes a numerical limit on nonbid awards to the same entity
within a 5-year period, unless specially approved by the governor
or after all eligible contractors have been awarded 1 contract;
deletes certain contracts from this provision; requires
procurement office to keep records of all contracts.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        797
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC PROCUREMENT.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 103D-301, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]103D-301[]]  Methods of source selection.  (a)  Unless
 
 4 otherwise authorized by law, all contracts shall be awarded by
 
 5 competitive sealed bidding pursuant to section 103D-302, except
 
 6 as provided in subsection (b) and in:
 
 7      (1)  Section 103D-303 (Competitive sealed proposals);
 
 8      (2)  Section 103D-304 (Professional services procurement);
 
 9      (3)  Section 103D-305 (Small purchases);
 
10      (4)  Section 103D-306 (Sole source procurement); and
 
11      (5)  Section 103D-307 (Emergency procurements).
 
12      (b)  Notwithstanding any other provision of law to the
 
13 contrary, the total amount of nonbid contracts awarded to any one
 
14 individual, sole proprietorship, corporation, limited liability
 
15 company, firm, partnership, business, joint venture, joint stock
 
16 company, group, hui, society, association, or similar entity
 
17 within a five-year period, shall not exceed        awards,
 
18 unless:
 
19      (1)  The governor grants special approval for the award in
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           writing, based upon a recommendation from the
 
 2           administrator of the state procurement office after a
 
 3           public hearing pursuant to chapter 91; provided that
 
 4           all records related to the public hearing, the
 
 5           administrator's recommendation, and the governor's
 
 6           approval shall be made available for public inspection
 
 7           in accordance with section 103D-105; or
 
 8      (2)  All contractors the chief procurement officer has
 
 9           determined to be eligible to bid on nonbid contracts
 
10           have received at least one contract award within the
 
11           five-year period.
 
12 For purposes of this subsection, "nonbid contracts" refers to any
 
13 award made pursuant to subsection (a)(1) and (2).
 
14      The administrator shall adopt rules, pursuant to chapter 91,
 
15 that may be necessary for purposes of this section."
 
16      SECTION 2.  Section 103D-321, Hawaii Revised Statutes, is
 
17 amended by amending subsection (a) to read as follows:
 
18      "(a)  The chief procurement officer shall maintain a record
 
19 of all procurements for goods, services, or construction of
 
20 $25,000 or more made under sections [[]103D-102(b)(5)[]],
 
21 103D-303, 103D-304, 103D-305, 103D-306, and 103D-307 for a
 
22 minimum of five years.  The record shall contain:
 
23      (1)  Each contractor's name;
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      (2)  The amount and type of each contract; and
 
 2      (3)  A listing of the goods, services, or construction
 
 3           procured under each contract."
 
 4      SECTION 3.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval.