HOUSE OF REPRESENTATIVES

H.B. NO.

1053

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

RELATING TO PROCUREMENT.

 

 

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

 


SECTION 1. Section 103D-307, Hawaii Revised Statutes, is amended to read as follows:

"[[]103D-307[]] Emergency procurements. (a) The head of a purchasing agency may obtain a good, service, or construction essential to meet an emergency by means other than specified in this chapter when the following conditions exist:

(1) A situation of an unusual or compelling urgency creates a threat to life, public health, welfare, or safety by reason of major natural disaster, epidemic, riot, fire, or similar events and to a lesser extent, by reason of equipment failures, repairs to public property in order to protect against further loss of, or damage to, public property, or to prevent or minimize serious disruption in continued functioning of government services, or such other reason as may be determined by the head of that purchasing agency;

(2) The emergency condition generates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods and the government would be seriously injured if the purchasing agency is not permitted to employ the means it proposes to use to obtain the goods, services or construction; and

(3) Without the needed good, service, or construction, the continued functioning of government, the preservation or protection of irreplaceable property, or the health and safety of any person will be seriously threatened.

(b) The emergency procurement shall be made with such competition as is practicable under the circumstances [and, where practicable, approval from the chief procurement officer shall be obtained prior to the procurement]. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.

(c) The head of the purchasing agency that makes an emergency procurement in response to a serious threat to life, public health, welfare, or safety by reason of major natural disaster, epidemic, riot, fire, or similar events and to a lesser extent, equipment failures, repairs to public property in order to protect against further loss of, or damage to, public property, to prevent or minimize serious disruption in continued functioning of government services, shall account for the money spent in making the procurement and report on that accounting to the legislature within sixty days after the end of the fiscal year in which the procurement was made."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Emergency; Procurement; Public Property; Repairs; Equipment Failures; and Government Services

 

Description:

Amends section 103D-307, Hawaii Revised Statutes, Emergency Procurements, to add equipment failures, repairs to public property to protect against further loss of, or damage to, public property, to prevent or minimize serious disruption in continued functioning of government services. Replaces Chief Procurement Officer approval with an accounting report to the Legislature within sixty days after the end of the fiscal year in which the procurement was made.

 

 

 

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