HOUSE OF REPRESENTATIVES	H.B. NO.	1292
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PROCUREMENT.

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

     SECTION 1.  The purpose of this Act is to work towards increasing transparency and accountability in state construction contracts by establishing a task force to examine the issue of past performance and establish the factors that should be considered when evaluating a construction industry contractor's past performance for the purposes of awarding a construction contract under Chapter 103D, Hawaii Revised Statutes.

     SECTION 2.  (a)  The state procurement office shall convene a past performance task force to examine the issue of past performance and establish the factors that should be considered when evaluating a construction industry contractor's past performance for the purposes of awarding a construction contract under Chapter 103D, Hawaii Revised Statutes.

     (b)  The task force shall consist of the following members:

     (1)  The administrator of the state procurement office, or the administrator's designee, who shall serve as the chair;

     (2)  The director of commerce and consumer affairs, or the director's designee;

     (3)  The comptroller, or the comptroller's designee;

     (4)  The director of transportation, or the director's designee;

     (5)  The president of the University of Hawaii, or the president's designee;

     (6)  The superintendent of education, or the superintendent's designee;

     (7)  The director of the department of design and construction of the city and county of Honolulu, or the director's designee;

     (8)  One representative from the General Contractors Association of Hawaii;

     (9)  One representative from the Building Industry Association of Hawaii; and

     (10) One representative from the Subcontractors Association of Hawaii.

     (c)  When establishing the factors to be considered in evaluating a construction industry contractor's past performance, the task force shall include:

     (1)  A requirement that the review be limited to the three years immediately preceding the contractor's bid for a public construction contract;

     (2)  A requirement that a past performance review shall only apply to construction contracts valued at $1,000,000 or more; and

     (3)  Criteria and standards to ensure that the evaluation of past performance is conducted in an objective manner.

     (d)  Task force members shall serve without compensation but shall be reimbursed for all necessary expenses, including travel expenses, which are incurred in the performance of their duties as members of the task force.

     (e)  No member shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the task force.

     (f)  The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2016.

     (g)  The task force convened pursuant to this Act shall cease to exist on June 30, 2016.

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

Report Title:

Procurement Code; Construction; Past Performance; Task Force

Description:

Establishes a past performance task force to establish the factors that should be considered when evaluating a construction industry contractor's past performance for the purposes of awarding a construction contract under Chapter 103D, Hawaii Revised Statutes.  (HB1292 HD1)

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