Bill Text: HI SB1332 | 2011 | Regular Session | Amended

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Bill Title: University of Hawaii; Procurement

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-04-28 - (S) Conference committee meeting to reconvene on 04-29-11 2:00PM in conference room 329. [SB1332 Detail]

Download: Hawaii-2011-SB1332-Amended.html

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THE SENATE	S.B. NO.	1332
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

 

 

RELATING TO THE UNIVERSITY OF HAWAII.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to subpart D of part VI to be appropriately designated and to read as follows:

     "§304A-     Procurement complaints.  Notwithstanding any law to the contrary, the administrator of the procurement office shall have the authority to determine corrective actions in the case of a complaint filed with the state procurement office regarding procurement at the University of Hawaii; provided that if a procurement officer under the jurisdiction of the administrator of the state procurement office or a chief procurement officer of any of the other state entities under section 103D-203, fails to comply with any determination rendered by the administrator within thirty days from the date of the issuance of the determination, or longer if permitted by the administrator upon request by the procurement officer or a chief procurement officer, the procurement officer or chief procurement officer shall be subject to an administrative fine under section 103D-106, for every day of noncompliance.

     SECTION 2.  Section 103D-102, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Notwithstanding subsection (a), this chapter shall not apply to contracts made by:

     (1)  Any regional system board of the Hawaii health systems corporation;

     (2)  The Kaho‘olawe island reserve commission, except as provided by section 6K-4.5; or

[[](3)[]] Except with respect to sections 103D-110, 103D-206, and 103D-304 with respect to design professional services furnished by licensees under chapter 464, and sections 103D-324, 103D-707, and 103D-1002, the university or the board of regents of the university."

     SECTION 3.  Section 304A-2690, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§304A-2690[]]  Construction projects.  In the solicitation for bids for construction projects with a total estimated contract value of $1,000,000 or higher, the university shall require each bidder to submit a listing of the bidder's subcontractors who are to perform work with a value that exceeds [five] one per cent of the total bid amount submitted by the bidder."

     SECTION 4.  Act 82, Session Laws of Hawaii 2010, is amended as follows:

     1.  By amending section 4 to read:

     "SECTION 4.  (a)  The board of regents of the University of Hawaii shall submit annual reports to the legislature no later than twenty days prior to the convening of the regular sessions of [2011 and] 2011, 2012, 2013, and 2014, that shall include [but not be limited to the following]:

     (1)  A description of the University of Hawaii's internal procurement process;

     (2)  A description of the University of Hawaii's internal procedures for handling protests of solicitations or awards of contracts, if different from the procedures described under chapter 103D, Hawaii Revised Statutes; [and]

     (3)  A description and summary of any protests or litigation that have arisen during the period of time that the University of Hawaii is exempt from chapter 103D, Hawaii Revised Statutes, with certain exceptions, pursuant to this Act[.];

     (4)  A description and status of construction projects in excess of $1,000,000 procured during the period of time that the University of Hawaii is exempt from chapter 103D, Hawaii Revised Statutes, with certain exceptions, pursuant to this Act; and

     (5)  Any proposed legislation or recommendations to amend chapter 103D, Hawaii Revised Statutes; provided that the board of regents shall consult with the state procurement office on any proposed legislation or statutory amendment recommendations.

     (b)  Each year during which the University of Hawaii is exempt from chapter 103D, Hawaii Revised Statutes, the University of Hawaii shall submit a report to the legislature no later than twenty days prior to the convening of each regular session.  The report shall include:

     (1)  Problems the University of Hawaii has identified with procurement provisions under chapter 103D, Hawaii Revised Statutes;

     (2)  Procedures the University of Hawaii has implemented as solutions to address such identified problems;

     (3)  Quantifiable outcomes of procurement procedures the University of Hawaii has implemented while exempt from chapter 103D, Hawaii Revised Statutes; and

     (4)  How procurement procedures implemented by the University of Hawaii have accelerated the acquisition of goods, services, and construction while addressing issues of equity and transparency in public procurement.

     (c)  In its report to the legislature prior to the regular session of 2013, as required under subsection (a), the University of Hawaii shall also provide the legislature with information on:

     (1)  Compliance with section 304A-2690, Hawaii Revised Statutes, including:

         (A)  A list of all construction contracts in excess of $1,000,000 entered into by the University of Hawaii that are exempt from chapter 103D, Hawaii Revised Statutes, with certain exceptions, pursuant to this Act;

         (B)  The amount of each contract;

         (C)  Specific identification of which contracts either required or did not require the listing of subcontractors pursuant to section 304A-2690, Hawaii Revised Statutes; and

     (2)  Any formal complaints the University of Hawaii has received from subcontractors in regard to or as a result of section 304A-2690, Hawaii Revised Statutes."

     2.  By amending section 8 to read:

     "SECTION 8.  This Act shall take effect on July 1, 2010; provided that on [July 1, 2012,] December 31, 2012, this Act shall be repealed and sections 103D-102(c) and 304A-105(b), Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act."

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

     SECTION 6.  This Act shall take effect on July 1, 2030.

 

Report Title:

University of Hawaii; Procurement

 

Description:

Extends the exemption granted to the University of Hawaii (UH) from certain provisions of the Hawaii public procurement code to December 31, 2012.  Requires additional reporting requirements.  Permits review and investigation of complaints of UH procurement procedures by the Administrator of the Procurement Office.  Effective July 1, 2030.  (SB1332 HD2)

 

 

 

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