REPORT TITLE:
Pub. Procurmt; Nonbid Contr.


DESCRIPTION:
Imposes a $ limit on nonbid awards to the same entity within a
5-year period, unless specially approved by the governor.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           797
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC PROCUREMENT.
 


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

 1      SECTION 1.  Section 103D-301, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§103D-301[]]  Methods of source selection.  (a)  Unless
 
 4 otherwise authorized by law, all contracts shall be awarded by
 
 5 competitive sealed bidding pursuant to section 103D-302, except
 
 6 as provided in subsection (b) and in:
 
 7      (1)  Section 103D-303 (Competitive sealed proposals);
 
 8      (2)  Section 103D-304 (Professional services procurement);
 
 9      (3)  Section 103D-305 (Small purchases);
 
10      (4)  Section 103D-306 (Sole source procurement); and
 
11      (5)  Section 103D-307 (Emergency procurements).
 
12      (b)  Notwithstanding any other provision of law to the
 
13 contrary, the total amount of nonbid contracts awarded to any one
 
14 individual, sole proprietorship, corporation, firm, partnership,
 
15 business, joint venture, joint stock company, group, hui,
 
16 society, association, or similar entity within a five-year
 
17 period, shall not exceed $       , unless the governor grants
 
18 special approval for the award in writing, based upon a
 

 
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                                     S.B. NO.           797
                                                        
                                                        

 
 1 recommendation from the administrator of the state procurement
 
 2 office after a public hearing pursuant to chapter 91.  The
 
 3 administrator shall adopt rules, pursuant to chapter 91, as may
 
 4 be necessary for purposes of this section.  All records related
 
 5 to the public hearing, the administrator's recommendation, and
 
 6 the governor's approval shall be made available for public
 
 7 inspection in accordance with section 103D-105.  For purposes of
 
 8 this section, "nonbid contracts" refers to any award made
 
 9 pursuant to paragraphs (1) through (5) of subsection (a)."
 
10      SECTION 2.  Section 103D-321, Hawaii Revised Statutes, is
 
11 amended by amending subsection (a) to read as follows:
 
12      "(a)  The chief procurement officer shall maintain a record
 
13 of all procurements for goods, services, or construction of
 
14 $25,000 or more made under sections [[]103D-102(b)(5)[]],
 
15 103D-303, 103D-304, 103D-305, 103D-306, and 103D-307 for a
 
16 minimum of five years.  The record shall contain:
 
17      (1)  Each contractor's name;
 
18      (2)  The amount and type of each contract; and
 
19      (3)  A listing of the goods, services, or construction
 
20           procured under each contract."
 
21      SECTION 3.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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                                     S.B. NO.           797
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:_________________________