THE SENATE

S.B. NO.

1207

THIRTY-FIRST LEGISLATURE, 2021

S.D. 2

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, public property, serious disruption to government services, or safety by reason of major natural disaster, epidemic, riot, fire, or [such other reason as may be determined by the head of that purchasing agency;] equipment failure;

(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 threat to life, public health, welfare, public property, serious disruption to government services, or safety, by reason of major natural disaster, epidemic, riot, fire, or equipment failure, shall account for the money spent in making the procurement and report on that accounting to the chief procurement officer in a timely manner and 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 Statutory material to be repealed is bracketed and stricken.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 on July 1, 2050.


 


 

Report Title:

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

 

Description:

Allows the head of a purchasing agency to obtain emergency procurements in certain situations that create a threat to life, public health, welfare, public property, or serous disruption to government services, including situations caused by equipment failures. Replaces Chief Procurement Officer approval with an accounting report to the Chief Procurement Officer in a timely manner and to the Legislature within sixty days after the end of the fiscal year in which the procurement was made. Effective 7/1/2050. (SD2)

 

 

 

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