Report Title:

Procurement Preference Guidelines for School R&M Contractors

 

Description:

Requires the chief procurement officer to establish procurement preference guidelines for private contractors who provide volunteer assistance on school R&M projects.

 

THE SENATE

S.B. NO.

1557

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to government contracts.

 

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

SECTION 1. Chapter 103D, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"103D-   School repair and maintenance contracts; preference. (a) The chief procurement officer shall establish a preference program that shall act as an incentive for private contractors to participate in voluntary service activities or contributions that benefit schools by enhancing, restoring, building, or maintaining, or upgrading school property and facilities.

(b) Qualifying voluntary service activities or contributions to be considered for credit towards preference program participation include but are not limited to professional and community work hours, materials, and design contributions, local business donations, military participation, and other in-kind endowments. Such involvement by a private contractor shall serve as a basis for consideration in the awarding of contracts for repair and maintenance projects in schools.

(c) The chief procurement officer shall establish valuation criteria on the donation of the abovementioned services, contributions, materials, the length of time that a private contractor is participating in a school repair and maintenance program, the private contractor's knowledge of a particular project up for bid due to the private contractor's prior work developing the project or a similar project for a school, the dollar amount of the bid, and other factors as the chief procurement officer deems appropriate.

The valuation criteria shall be used in assessing the extent to which preference shall be provided to a contractor in obtaining a contract issued under this section.

(d) Notwithstanding any law to the contrary:

(1) All state contracts for private contractors who participate in the repair and maintenance of public schools, shall use the small purchase method of procurement as described in section 103D-305 and shall be executed in a manner that ensures administrative simplicity while providing as much competition as is practicable for various dollar amounts; and

(2) Private contractors who voluntarily participate in the repair and maintenance of public schools through the preference program established under this section shall receive a preference in the selection of a contractor for state contracts involving school repair and maintenance projects.

For the purposes of this section, "private contractor" means any person or entity from whom the department of education or the department of accounting and general services contracts services, supplies, equipment, property, or facilities for the purpose of educating public school students or providing educational supplies, equipment, property, or facilities or services therefor.

(f) The chief procurement officer shall adopt rules pursuant to chapter 91, to effectuate the purposes of this section.

103D- Public school facilities and property management program; established. (a) There is established a public school facilities and property management program administered by the chief procurement officer. The public school facilities and property management program shall develop and maintain data and other information on the physical, structural, property, and equipment repair and maintenance needs of all public schools statewide in order to better measure the usable life of school facilities and equipment and to prioritize school repair and maintenance projects accordingly.

(b) When assessing the repair and maintenance needs of school, the public school facilities and property management program shall take into account factors such as:

(1) At what stage of usable life is the particular facility, property, or equipment at the time of the requested or recommended repair or maintenance;

(2) The obsolescence of the facility, property, or equipment;

(3) The cost of repairing or maintaining the facility, property, or equipment as opposed to the cost of replacing it;

(4) The priority of the repair or maintenance project as compared to other school's repair or maintenance needs statewide; and

(5) Such other factors as the public school facilities and property management program deems appropriate.

For the purposes of this section, "equipment" means any mechanical, electrical, or any other form of machinery or furniture utilized by a school for public education purposes.

(c) The chief procurement officer may hire additional personnel or contract the services of private contractors to perform the duties mandated under this section.

(d) The chief procurement officer shall adopt rules pursuant to chapter 91, to effectuate the purposes of this section."

SECTION 2. Within ninety days of the effective date of this Act, the chief procurement officer shall adopt rules to effectuate section 1 of this Act.

SECTION 3. The chief procurement officer shall submit a report to the legislature not later than twenty days prior to the convening of the 2002 regular session which details the actions taken by the chief procurement officer in effectuating this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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