HOUSE OF REPRESENTATIVES

H.C.R. NO.

196

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

requesting the state procurement office to review hawaii's procurement laws in COMPARISON with federal procurement laws.

 

 

 


     WHEREAS, the Hawaii public procurement code under chapter 103D, Hawaii Revised Statutes, governs the procurement of goods, services, or construction by state and county agencies; and

 

     WHEREAS, chapter 103D, Hawaii Revised Statutes, was originally based on the framework provided by the American Bar Association's Model Procurement Code for State and Local Governments and was enacted to increase competition, ensure fairness, and establish greater uniformity in the public procurement of goods and services; and

 

     WHEREAS, the State's procurement laws have been amended numerous times since the initial enactment of chapter 103D, Hawaii Revised Statutes; and

 

     WHEREAS, federal procurement laws, including the Federal Acquisition Regulation, are not aligned with state procurement laws; and

 

     WHEREAS, Hawaii's procurement process could be improved through a better understanding of the efficient and effective ways in which the federal government conducts procurement processes; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, the Senate concurring, that the State Procurement Office is requested to review Hawaii's procurement laws in comparison to federal procurement laws; and

 

     BE IT FURTHER RESOLVED that the review should include:

 

     (1)  A cost-benefit analysis of the current Hawaii public procurement process with regard to construction contracts;

 

     (2)  An examination of issues and concerns regarding the Hawaii public procurement process that were raised by the task force established pursuant to Senate Concurrent Resolution No. 92, S.D. 2, Regular Session of 2013, in its final report submitted to the Legislature during the Regular Session of 2015;

 

     (3)  A review of federal procurement laws, particularly Federal Acquisition Regulation Part 36—Construction and Architect-Engineer Contracts, and a comparison of the similarities and differences between the construction procurement provisions of the Hawaii public procurement code and federal construction procurement laws;

 

     (4)  An analysis of whether closer alignment of construction procurement provisions of the Hawaii public procurement code to federal construction procurement laws would be beneficial to the State;

 

     (5)  The length of time and the effort required by the State to implement changes to better align the construction procurement provisions of the Hawaii public procurement code with federal construction procurement laws; and

 

     (6)  Any costs, including personnel costs, to the State should the construction procurement provisions of the Hawaii public procurement code be amended to more closely align with federal construction procurement laws; and

 

     BE IT FURTHER RESOLVED that the State Procurement Office is requested to report 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 2017; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Administrator of the State Procurement Office.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Procurement; Review