Bill Text: HI SB2842 | 2020 | Regular Session | Amended
Bill Title: Relating To Emergency Procurement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-16 - This measure has been deleted from the meeting scheduled on Tuesday 03-17-20 9:10AM in conference room 309. [SB2842 Detail]
Download: Hawaii-2020-SB2842-Amended.html
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THE SENATE |
S.B. NO. |
2842 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMERGENCY PROCUREMENT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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, or construction, which 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,
or construction which 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 2. Section 103D-307, Hawaii Revised Statutes, is amended to read as follows:
"[[]§103D-307[]]
Emergency procurements.
(a) The head of a purchasing
agency may obtain a good, service, or construction essential to meet an
emergency by means other than specified in this chapter when the following conditions
exist:
(1) A situation of an unusual or compelling urgency creates a threat to life, public health, welfare, or safety by reason of major natural disaster, epidemic, riot, fire, or similar event and to a lesser extent, by reason of equipment failure, repair to public property to protect against further loss of, or damage to, public property, or to prevent or minimize serious disruption in the continued functioning of government services, or such other reason as may be determined by the head of that purchasing agency;
(2) The emergency condition generates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods and the government would be seriously injured if the purchasing agency is not permitted to employ the means it proposes to use to obtain the goods, services, or construction; and
(3) Without the needed good, service, or construction, the continued functioning of government, the preservation or protection of irreplaceable property, or the health and safety of any person will be seriously threatened.
(b)
The emergency procurement shall be made with such competition as is
practicable under the circumstances [and, where practicable, approval from
the chief procurement officer shall be obtained prior to the procurement]. A written determination of the basis for the
emergency and for the selection of the particular contractor shall be included
in the contract file.
(c) The head of the purchasing agency who
makes an emergency procurement:
(1) In response to a serious threat to
life;
(2) To ensure public access when it is significantly
impeded by an unexpected major natural disaster, epidemic, riot, or fire; or
(3) To minimize a serious disruption to the
continued functioning of government services,
shall
account for details of the emergency, the response and money spent in making
the procurement, and report on that accounting to the legislature within sixty
days of the event for which the procurement was made."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Emergency Procurement; Reporting Within Sixty Days of Procurement
Description:
Revises emergency procurement laws to add equipment failures, repairs to public property to protect against further loss of, or damage to, public property, to prevent or minimize serious disruption in continued functioning of government services. Replaces approval by chief procurement officer with an accounting report to the Legislature within 60 days after the procurement is made. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
