HOUSE OF REPRESENTATIVES |
H.B. NO. |
1292 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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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: |
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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.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.