THE SENATE	S.B. NO.	3185
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PROCUREMENT.

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

SECTION 1. Chapter 103D, Hawaii Revised Statutes, is amended by adding to part III a new section to be appropriately designated and to read as follows:

"§103D- Alternative procurements. (a) A procuring agency may select an alternative procurement method when the alternative procurement method is made part of a federal statute, federal regulation, federal special experimental, or demonstration project, or by federal approval of the alternative procurement method.

(b) The head of a purchasing agency shall determine in writing that it is neither practicable, nor advantageous to the State to procure using the other methods in section 103D-301 before selecting the use of the alternative procurement method.

(c) Documentation of the federal statute, federal regulation, federal special experimental, or federal demonstration project, or the federal approval of the alternative procurement method, shall be made part of the contract file."

SECTION 2. Section 103D-301, Hawaii Revised Statutes, is amended to read as follows:

"§103D-301 Methods of source selection. Unless otherwise authorized by law, all contracts shall be awarded pursuant to the following sections, as applicable:

(1) Section 103D-302 (Competitive sealed bids);

(2) Section 103D-303 (Competitive sealed proposals);

(3) Section 103D-304 (Professional services procurement);

(4) Section 103D-305 (Small purchases);

(5) Section 103D-306 (Sole source procurement); [and]

(6) Section 103D-307 (Emergency procurements)[.]; and

(7) Section 103D- (Alternative procurements)."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Methods of Source Selection; Alternative Procurement; and Government Services

Description:

Amends section 103D-301, HRS, methods of source selection, to add the alternative procurement method. Amends chapter 103D, HRS, to add to part III a new section allowing an alternative procurement method when the federal government provides for or approves the alternative procurement method, and the head of the purchasing agency makes a written determination that it is neither practicable nor advantageous to use the existing statutory procurement methods.

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