Bill Text: HI HB2496 | 2024 | Regular Session | Amended
Bill Title: Relating To Procurement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-04-24 - Conference Committee Meeting will reconvene on Thursday 04-25-24 9:05AM in conference room 016. [HB2496 Detail]
Download: Hawaii-2024-HB2496-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2496 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO PROCUREMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§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) Before selecting
the use of the alternative procurement method, 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.
(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-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b)
Notwithstanding subsection (a), this chapter shall not apply to
contracts by governmental bodies:
(1) Solicited
or entered into before July 1, 1994, unless the parties agree to its
application to a contract solicited or entered into prior to July 1, 1994;
(2) To
disburse funds, irrespective of their source:
(A) For
grants as defined in section 42F-101, made by the State in accordance with
standards provided by law as required by article VII, section 4, of the state constitution;
or by the counties pursuant to their respective charters or ordinances;
(B) To
make payments to or on behalf of public officers and employees for salaries,
fringe benefits, professional fees, or reimbursements;
(C) To
satisfy obligations that the State is required to pay by law, including paying
fees, permanent settlements, subsidies, or other claims, making refunds, and
returning funds held by the State as trustee, custodian, or bailee;
(D) For
entitlement programs, including public assistance, unemployment, and workers'
compensation programs, established by state or federal law;
(E) For
dues and fees of organizations of which the State or its officers and employees
are members, including the National Association of Governors, the National
Association of State and County Governments, and the Multi-State Tax
Commission;
(F) For
deposit, investment, or safekeeping, including expenses related to their
deposit, investment, or safekeeping;
(G) To
governmental bodies of the State;
(H) As
loans, under loan programs administered by a governmental body; and
(I) For
contracts awarded in accordance with chapter 103F;
(3) To
procure goods, services, or construction from a governmental body other than
the University of Hawaii bookstores, from the federal government, or from another
state or its political subdivision;
(4) To
procure the following goods, [or] services [which], or
construction that are available from multiple sources but for which
procurement by competitive means is either not practicable or not advantageous
to the State:
(A) Services
of expert witnesses for potential and actual litigation of legal matters
involving the State, its agencies, and its officers and employees, including
administrative quasi-judicial proceedings;
(B) Works
of art for museum or public display;
(C) Research
and reference materials including books, maps, periodicals, and pamphlets,
which are published in print, video, audio, magnetic, or electronic form;
(D) Meats
and foodstuffs for the Kalaupapa settlement;
(E) Opponents
for athletic contests;
(F) Utility
services whose rates or prices are fixed by regulatory processes or agencies;
(G) Performances,
including entertainment, speeches, and cultural and artistic presentations;
(H) Goods
and services for commercial resale by the State;
(I) Services
of printers, rating agencies, support facilities, fiscal and paying agents, and
registrars for the issuance and sale of the State's or counties' bonds;
(J) Services
of attorneys employed or retained to advise, represent, or provide any other
legal service to the State or any of its agencies, on matters arising under
laws of another state or foreign country, or in an action brought in another
state, federal, or foreign jurisdiction, when substantially all legal services
are expected to be performed outside this State;
(K) Financing
agreements under chapter 37D; and
(L) Any
other goods, [or] services [which], or construction
that the policy board determines by rules or the chief procurement officer
determines in writing is available from multiple sources but for which
procurement by competitive means is either not practicable or not advantageous
to the State; and
(5) Which
are specific procurements expressly exempt from any or all of the requirements
of this chapter by:
(A) References
in state or federal law to provisions of this chapter or a section of this
chapter, or references to a particular requirement of this chapter; and
(B) Trade
agreements, including the Uruguay Round General Agreement on Tariffs and Trade
(GATT) which require certain non-construction and non-software development
procurements by the comptroller to be conducted in accordance with its terms."
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- (Alternative procurements)."
SECTION 4. Statutory
material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2491.
Report Title:
Methods of Source Selection; Alternative Procurement; Government Services
Description:
Adds alternative procurement methods to the types of methods of source selection. Allows 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. Exempts from the Hawaii Public Procurement Code contracts by government bodies to procure certain construction projects. Takes effect 7/1/2491. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
