CONFERENCE COMMITTEE REP. NO. 168

 

Honolulu, Hawaii

                 , 2021

 

RE:    H.B. No. 526

       H.D. 1

       S.D. 2

       C.D. 1

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 526, H.D. 1, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO PROCUREMENT,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to:

 

     (1)  Define "past performance" with regard to contractors;

 

     (2)  Require the State Procurement Office to implement and administer a past performance database by December 31, 2023, including adopting rules regarding the information to be included in the past performance database and procedures for informing contractors of, and permitting corrections or responses to, the information contained in the database;

 

     (3)  Require procurement officers to consider specific factors when making contract awards, including past performance, when available; and

 

     (4)  Appropriate funds for the development, implementation, and training for certain procurement resources tools, including a past performance guide and past performance database.

 

     Your Committee on Conference finds that the State's procurement process requires clear legislative direction to award contracts to responsible bidders or offerors to increase accountability, enhance performance, and utilize taxpayer dollars more efficiently.  Your Committee on Conference further finds that currently, some state contracts may be awarded to the lowest bidder without regard to that bidder's poor past performance, which may lead to these bidders being considered qualified despite their poor past performance and result in repeated inefficiencies and substandard work.  Your Committee on Conference believes consideration of past performance of a bidder will offer another level of consideration and diligence in evaluating responsibility, provide additional insight to positively impact the award selection, enhance quality performance, and efficiently and effectively utilize taxpayer dollars.

 

     Your Committee on Conference has amended this measure by:

 

     (1)  Removing the appropriation;

 

     (2)  Changing the effective date to upon its approval; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 526, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 526, H.D. 1, S.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

____________________________

SHARON MORIWAKI

Chair

 

____________________________

ANGUS L.K. MCKELVEY

Co-Chair

____________________________

DRU KANUHA

Co-Chair

 

____________________________

SCOT Z. MATAYOSHI

Co-Chair

 

 

____________________________

TINA WILDBERGER

Co-Chair