CONFERENCE COMMITTEE REP. NO. 48-08

Honolulu, Hawaii

                 , 2008

RE:    S.B. No. 2827

       S.D. 1

       H.D. 1

       C.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2827, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC CONTRACTS,"

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 require under the Hawaii Public Procurement Code that:

     (1)  A protest be submitted in writing within seven working days after the aggrieved person knows or should have known of the facts giving rise thereto; and

     (2)  The purchasing agency notify in writing all offerors that solicited an award of a contract of their non-selection not later than the day of the posting of the award.  The publicly posted award must include specified information.

     The intent of your Committee on Conference is to give non‑selected bidders timely notification of their non-selection so that they may exercise their right to file a protest within the time frame established by law.  This will greatly assist in making the procurement process transparent and fair.

     Your Committee has amended this measure by adding a requirement that written notification to the non‑selected persons be sent not later than the day of the posting of the electronic posting of awarded contracts for professional services of $5,000 or more.

     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 S.B. No. 2827, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2827, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ KYLE T. YAMASHITA, Chair

____________________________ CLARENCE K. NISHIHARA, Chair