STAND. COM. REP. NO.1219

Honolulu, Hawaii

, 2001

RE: H.B. No. 937

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred H.B. No. 937, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROFESSIONAL SERVICE CONTRACTS,"

begs leave to report as follows:

The primary purpose of this measure as referred to your Committee was to allow purchasing agencies to use nongovernmental employee reviewers in evaluating the procurement of design professional services.

Your Committee received testimony in support of this measure from the State Procurement Office, the Consulting Engineers Council of Hawaii, Pacific Geotechnical Engineers, Inc., the American Institute of Architects, the American Society of Civil Engineers, and SSFM International, Inc. The Department of Transportation submitted testimony in opposition to this measure. The American Public Works Association (APWA) submitted proposed amendments for consideration by your Committee.

At the hearing on this measure, several testifiers highlighted aspects of the professional services procurement process that they would like to be amended. Based on that testimony, your Committee initially deferred this measure in order to work with the State Procurement Office and APWA to review the professional services procurement process. Your Committee further amended several provisions of this measure, as described below.

Your Committee retained the original amendments contained in this measure, to allow nongovernmental employees to sit on procurement screening committees. While the original measure amended existing law to rename those committees as "selection" committees, your Committee finds that they are, in fact, screening committees and should be named as such.

Based on testimony submitted by the Office of Information Practices on this measure's companion (S.B. No. 559) which passed out of your Committee but did not pass three readings in the Senate, your Committee amended this measure to specify that the names and qualifications of the nongovernmental persons sitting on screening committees shall be public information. The OIP indicated that there had been some doubt in the past regarding this issue, and your Committee believes that, like employees of the government, the public should have access to information regarding these individuals.

Your Committee also amended this measure to authorize screening committees to consider, as one of the selection criteria, the volume of work previously awarded to a person. In addition, your Committee inserted language to allow screening committees to create sub-criteria within each selection criteria.

Your Committee also amended section 103D-304(a), Hawaii Revised Statutes, to allow an agency head to bypass the provisions of that section when procuring professional services to prepare specifications, if the agency head determines that the services required cannot be provided by the list of persons prepared under that section.

Finally, your Committee made additional amendments to the professional services procurement law, to alter the requirements for negotiation of professional services contracts for less than $25,000, and to provide greater clarity and accuracy throughout.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 937, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 937, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs and Government Operations,

____________________________

CAL KAWAMOTO, Chair