HOUSE OF REPRESENTATIVES

H.B. NO.

1293

THIRTIETH LEGISLATURE, 2019

 

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 legislature finds that an increasing amount of government contracts require the use of computers, a virtual office, or online activity. The legislature further finds that there is difficulty in verifying hours worked on computers for government contracts. The purpose of this Act is to establish a secure and transparent process to verify hours worked on computers for government contracts to prevent abuse and overbilling.

SECTION 2. Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"103D- Automatic verification software. (a) This section shall apply only to a contract by or on behalf of any governmental body of the State for professional or technical services in excess of $100,000.

(b) A contract subject to this section shall require a contractor to use software to verify that hours billed for work under the contract that are performed on a computer are legitimate. The contract shall specify that the governmental body will not pay for hours worked on a computer unless those hours are verifiable by the software or data collected by the software. The software required under this section shall do the following:

(1) Permit the governmental body or the auditor to have real-time or retroactive access to data collected or provided by the software;

(2) Automatically gather verification data of state-funded activity by tracking total keystroke and mouse event frequency and taking a screenshot at least once every three minutes;

(3) Provide to the governmental body or the auditor automated real-time cost status of each task;

(4) Provide to the governmental body professional biographical information;

(5) Protect all private or confidential data pertaining to individuals pursuant to applicable state and federal law; and

(6) Permit the governmental body to provide immediate feedback to the contractor on work in progress.

(c) The data collected by the software shall be considered accounting records belonging to the contractor. The contractor shall store, or contract with another to store, the data collected by the software for a period of seven years and provide access to the contracting governmental body or state auditor upon request.

(d) The contractor shall not charge the governmental body or the auditor for access to or use of the work verification software, or for access to or retrievals of data collected by the software.

(e) Software used under this section shall be procured by the contractor from an independent entity."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Procurement; Government Contracts; Automatic Verification Software

 

Description:

Requires a contractor to procure and use software to verify hours billed and automatically gather verification data for work performed under a contract with a governmental body in excess of $100,000.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.