STAND. COM. REP. 2038

Honolulu, Hawaii

, 2004

RE: S.B. No. 2034

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 2034 entitled:

"A BILL FOR AN ACT RELATING TO HAWAII PUBLIC PROCUREMENT CODE,"

begs leave to report as follows:

The purpose of this measure is to clarify that administrative dispositions do not constitute grounds for debarment or suspension of a contractor under the Hawaii public procurement code.

Testimony in support of this measure was received from the American Public Works Association Hawaii Chapter, Pacific Structural Consultants, Inc., and the General Contractors Association of Hawaii. Testimony in opposition was received from the State Procurement Office and the Department of Accounting and General Services.

Your Committee finds that the primary purpose of debarment or suspension is to protect the public interest. Administrative action does not rise to the level of a serious deviation from the standards of honesty such as would warrant debarment or suspension from bidding on government contracts. Your Committee does not mean to diminish the administrative process, but your Committee feels that a court ordered disposition of the case would be more appropriate as a precondition.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2034 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs, and Government Operations,

____________________________

CAL KAWAMOTO, Chair