Report Title:
Professional-services contracts
Description:
Provides that the names and qualifications of the members of the review and selection committees are subject to public-disclosure requirements. Authorizes selection committee to add secondary selection criteria in awarding contracts.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2023 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to professional services contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103D-304, Hawaii Revised Statutes, is amended to read as follows:
"§103D-304 Procurement of professional services. (a) Professional services shall be procured in accordance with sections 103D-302, 103D-303, 103D-305, 103D-306, or 103D-307, or this section[.]; provided that professional services to prepare specifications for section 103D-302 or 103D-303 shall be procured pursuant to this section. Contracts for professional services shall be awarded on the basis of demonstrated competence and qualification for the type of services required[
(b) At a minimum, before the beginning of each fiscal year, the head of each purchasing agency shall publish a notice inviting persons engaged in providing professional services [
(1) The response to the initial notice is inadequate;
(2) The response to the initial notice does not result in adequate representation of available sources; or
(3) [Previously unanticipated] New needs for professional services arise.
The chief procurement officer may specify a uniform format for statements of qualifications. Persons may amend these statements by filing a new statement prior to the date designated for submission.
(c) The head of the purchasing agency shall designate a review committee consisting of a minimum of three [employees from the agency or from another government body,] persons with sufficient education, training, and licenses or credentials for each type of professional service [
(d) Whenever during the course of the fiscal year the agency needs a particular professional service, the head of the purchasing agency shall designate a [screening] selection committee to evaluate the statements of qualification and performance data of the persons on the list prepared pursuant to subsection (c) along with pertinent information, including references and reports. The [screening] selection committee shall be comprised of a minimum of three [employees of the purchasing agency] persons with sufficient education, training, and licenses or credentials in the area of the services required. [If the purchasing agency and using agency are different, the committee shall include at least one qualified employee from the using agency. When the committee includes an employee from a using agency, the employee shall be appointed by the head of the using agency. If qualified employees are not available from the agencies, the officers may designate employees of other governmental bodies.] The names and qualifications of the members of a selection committee shall be subject to public disclosure under section 92F-12. The primary selection criteria employed in descending order of importance [by the screening committee] shall [include but not] be [limited to]:
(1) Experience and professional qualifications [of the staff to be assigned to] in the project type;
(2) Past performance on projects of similar scope for public agencies and private industry[; and], including errors and omissions and response time to review submittals; and
(3) Capacity to accomplish the work in the required time.
The [screening] selection committee may add secondary selection criteria, such as volume of work previously awarded to the person, and shall evaluate against the selection criteria the submissions of persons on the list prepared pursuant to subsection (c) and any other pertinent information [
(e) [The head of the purchasing agency shall evaluate the summary of qualifications for each of the persons provided by the screening committee and may conduct additional discussions with any of them. The head of the purchasing agency shall then rank the persons based on the selection criteria.] The head of the purchasing agency shall negotiate a contract with the first ranked person, including a rate of compensation [which] that is [fair]:
(1) Fair and reasonable[, established];
(2) Established in writing[,]; and [based]
(3) Based upon the estimated value, scope, complexity, and nature of services to be rendered.
If a satisfactory contract cannot be negotiated with the first ranked person, negotiations with [
(f) Contracts awarded under [this section] subsection (e) shall be posted electronically within seven days of the contract award by the chief procurement officer and shall remain posted for at least one year. Information to be posted shall include:
(1) The names of the top five persons submitted under subsection (d), or, if the list submitted under subsection (d) is less than five, all of the persons submitted;
(2) The name of the person or organization receiving the award;
(3) The dollar amount of the contract;
(4) The purchasing agency head making the selection; and
(5) Any relationship of principals to the official making the award.
(g) Contracts for professional services of less than [$25,000] $50,000 may be negotiated by the head of a purchasing agency, with any [two] persons who appear on the list of qualified persons established pursuant to subsection (c). Negotiations shall be conducted in the manner set forth in subsection (e), [but without establishing any] with the order of preference based on the selection criteria of subsection (d) as determined by the head of the purchasing agency."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2003.
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INTRODUCED BY: |
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