HOUSE OF REPRESENTATIVES

H.B. NO.

1292

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to procurement.

 

 

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

 


     SECTION 1.  The purpose of this Act is to increase transparency and accountability in state contracts by requiring procurement officers to obtain and consider all available, recent, and relevant performance by a contractor as part of the due diligence requirement for contractor responsibility determination prior to awarding a contract under Hawaii's procurement code.

     SECTION 2.  Section 103D-104, Hawaii Revised Statutes, is amended as follows:

     1.   By adding a new definition to be appropriately inserted and to read:

     ""Past performance" means all available, recent, and relevant performance by a contractor on state, federal, or private contracts to be considered for purposes of a responsibility determination for a particular solicitation."

     2.   By amending the definition of "responsible bidder or offeror" to read:

     ""Responsible bidder or offeror" means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability [which] that will assure good faith performance[.], pursuant to the responsibility determination standards adopted by the policy board."

     SECTION 3.  Section 103D-310, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Whether or not an intention to bid is required, the procurement officer shall [determine] make a determination of responsibility for any prospective offeror, pursuant to rules adopted by the policy board, including whether the prospective offeror has the financial ability, resources, skills, capability, and business integrity necessary to perform the work.  For [this] the purpose[, the] of responsibility determination, the procurement officer shall possess or obtain available information sufficient to be satisfied that a prospective offeror meets the applicable standards set forth by the policy board.  The procurement officer shall consider all available recent and relevant past performance of the offeror as it applies to a responsibility determination for the current solicitation.  The officer, in the officer's discretion, may also require any prospective offeror to submit answers, under oath, to questions contained in a standard form of questionnaire to be prepared by the policy board.  Whenever it appears from answers to the questionnaire or otherwise, that the prospective offeror is not fully qualified and able to perform the intended work, a written determination of nonresponsibility of an offeror shall be made by the head of the purchasing agency, in accordance with rules adopted by the policy board.  The unreasonable failure of an offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such offeror.  The decision of the head of the purchasing agency shall be final unless the offeror applies for administrative review pursuant to section 103D-709."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Procurement Code; Responsibility Determination; Past Performance

 

Description:

Includes all available relevant and past performance information considerations by the procurement officer prior to bids being awarded under the state procurement code.

 

 

 

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