Report Title:

Procurement; Developmental Opportunities for Disabled Persons

Description:

Establishes contracting preferences to promote training and employment opportunities for disabled persons. Expands existing authority for agencies to make non-competitive awards to organizations that train and employ disabled persons. Allows agencies to make non-competitive awards of contracts for construction valued at $500,000 or less to organizations serving disabled people.

THE SENATE

S.B. NO.

2826

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PROCUREMENT

 

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

SECTION 1. Sections 103D-1010, Hawaii Revised Statutes, is amended to read as follows:

"103D-1010. Purchases from qualified community rehabilitation programs. (a) Any governmental body, without advertising or calling for bids, may purchase goods, [or] services, or construction if such construction is valued at less than $500,000, provided by qualified community rehabilitation programs serving persons with disabilities that have indicated an interest in supplying the goods, [or] services, or construction, and on an equitable basis may apportion the business among the interested programs; provided that the goods, [and] services, and construction meet the specifications and needs of the purchasing agency and are purchased at a fair market price as determined by the [appropriate public] purchasing agency. [; and provided further that the programs comply with the following:]

(b) In making any purchase under this section, the purchasing agency must affirmatively determine that the program providing the goods, services, or construction:

(1) Meets all of the requirements of a qualified community rehabilitation program under section 103D-1001; and

(2) Maintains a disabled to non-disabled employee ratio equal to or in excess of three-to-one for work hours of direct labor at all times on the work contracted.

[(b)] (c) The purchasing agency shall:

(1) Receive and review proposals submitted by qualified community rehabilitation programs to provide goods, [or] services, or construction, and determine if they are suitable for purchase by the agency;

(2) Negotiate the conditions and terms for the purchase, including the price of the offer, between the agency and the qualified community rehabilitation program; provided that the price of the offer shall not exceed the fair market price and there is assurance that the qualified community rehabilitation program proposal is in compliance with all administrative rules related to purchasing; and

(3) Ensure that any goods, [or] service, or construction, purchased from a qualified community rehabilitation program shall not be placed on the Hawaii products list under section 103D-1011"

SECTION 2. Section 103D-1011, Hawaii Revised Statutes, is amended to read as follows:

"103D-1011 Qualified community rehabilitation program; proposals[ to provide goods and services]. Under this part, a [A] qualified community rehabilitation program shall be allowed [to sell only] a preference on any contracts for goods or services[, also to include building custodial and grounds maintenance services, to a governmental body]. In addition, a qualified community rehabilitation program shall be allowed a preference on contracts for construction of public works, if the cost of the project is less than $500,000. A community rehabilitation program seeking a preference shall submit a proposal [shall be submitted] to the purchasing agency containing the following information:

(1) A description of the goods, [or] service, or construction;

(2) The price of the goods, [or] service, or construction; and

(3) Documents and information necessary to qualify as a qualified community rehabilitation program under section 103D-1001."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to that extent the provisions of this Act are severable.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

_____________________________

BY REQUEST