Bill Text: HI HR134 | 2014 | Regular Session | Introduced

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Bill Title: Procurement Contracts; State Procurement Office; Past Performance

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2014-04-03 - Resolution adopted in final form. [HR134 Detail]

Download: Hawaii-2014-HR134-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	134
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

HOUSE RESOLUTION

 

 

requesting the state procurement office to conduct a study on the feasibility, necessary processes, and costs relative to requiring the consideration of past performance as a factor in awarding public contracts, including low bid contracts.

 

 

 

     WHEREAS, according to the State Procurement Office, debarring a contractor for poor performance is not a common practice; and

 

     WHEREAS, a contractor's past performance, if considered, is only considered during the evaluation of proposals submitted to a specific request for proposals; and

 

WHEREAS, this raises concerns with regard to low bid construction contracts, which must be awarded to the lowest and responsive bidder; and

 

     WHEREAS, the determination of a bidder's responsibility includes only a determination of capability, integrity, and reliability to perform contract requirements in good faith and does not require a determination of quality of work or require inquiry into past performance; and

 

     WHEREAS, the determination of a bidder's responsiveness includes only evaluation of material conformity to the invitation for bids; and

 

     WHEREAS, several other jurisdictions, including the federal government, other states, municipalities, and tribal governments require consideration of past performance in low bid contracts; and

 

     WHEREAS, having an opportunity to review the past performance of contractors would give the State an opportunity to avoid poor-performing contractors and enter into contracts with better-performing contractors; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, that the State Procurement Office is requested to conduct a study on the feasibility, necessary processes, and costs relative to requiring the consideration of past performance as a factor in awarding public contracts, including low bid contracts; and

 

     BE IT FURTHER RESOLVED that the State Procurement Office is requested to submit its findings and recommendations, including proposed legislation if any, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2015; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor and the Administrator of the State Procurement Office.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Procurement Contracts; State Procurement Office; Past Performance