HOUSE OF REPRESENTATIVES

H.B. NO.

2052

TWENTY-EIGHTH LEGISLATURE, 2016

 

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 legislature finds that during challenging economic times, it is necessary for the State to investigate and employ new and innovative ways of maintaining and improving state services and infrastructure, while ensuring the prudent and cost-effective expenditure of public moneys.  As such, the process of the acquisition of goods and services must have the flexibility to accommodate circumstances where other than full competition is necessary to address a unique need, such as developing a flexible local food purchasing structure or private public partnerships.

     The purpose of this Act is to provide the State with greater flexibility in the procurement of certain goods and services, to improve the State's responsiveness to addressing unique or unusual needs or situations for the benefit of the people of this State, while maintaining the accountability and transparency afforded by the Hawaii Public Procurement Code.

     SECTION 2.  Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§103D-    Special innovative procurement.  (a)  Contracts for supplies, services, professional services, or construction may be awarded without regard to section 103D-302 or 103D-303 using a special innovative procurement process in accordance with this section and procedures set forth in rules adopted by the procurement policy board.  The special innovative procurement process authorized by this section shall only be used when the chief procurement officer determines in writing that it is advantageous to the State to use the process for procurement of new or unique requirements of the State, new technologies, or to achieve best value.

     (b)  The chief procurement officer shall submit any procurement plan developed pursuant to this section to the attorney general for review and approval as to form before issuing the notice required under subsection (c).

     (c)  Notice of the invitation for bids shall be given in the same manner as provided in section 103D-302(c).

     (d)  Nothing in this section shall preclude the adoption of rules providing for the use of bonuses instead of preferences for the procurement of construction.

     (e)  A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the head of the purchasing agency in the contract file, and a report shall be made publicly available by the chief procurement officer at least annually describing all determinations made since the last annual report."

     SECTION 3.  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-    (Special innovative procurement)."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Procurement Code; Special Innovative Procurement

 

Description:

Provides for the establishment of a special innovative procurement process when it is advantageous to the State to use the process to procure new or unique requirements of the State or new technologies, or to achieve best value.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.