Bill Text: HI SB2258 | 2010 | Regular Session | Introduced


Bill Title: Hawaii Public Procurement Code; Small Purchases; Construction

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-21 - (S) Referred to JGO. [SB2258 Detail]

Download: Hawaii-2010-SB2258-Introduced.html

THE SENATE

S.B. NO.

2258

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to hawaii public procurement code.

 

 

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

 


     SECTION 1.  Section 103D-305, Hawaii Revised Statutes, is amended to read as follows:

     "§103D-305  Small purchases; prohibition against parceling.  (a)  [Procurements] Except as provided in subsection (d), procurements of less than $100,000 for goods or services, or $250,000 for construction shall be made in accordance with procedures set forth in rules adopted by the policy board that are designed to ensure administrative simplicity and as much competition as is practicable; provided that [multiple]:

     (1)  Multiple expenditures shall not be created at the inception of a transaction or project so as to evade the requirements of this chapter; and [provided further that procurement]

     (2)  Procurement requirements shall not be artificially divided or parceled so as to constitute a small purchase under this section.

     (b)  Procurements of greater than $50,000 for construction under subsection (a) shall require security by a performance bond delivered to the purchasing agency that is:

     (1)  In a form prescribed by the rules of the policy board;

     (2)  Executed by a surety company authorized to do business in this State; and

     (3)  In an amount equal to one hundred per cent of the price specified in the contract,

or shall otherwise be secured by a performance bond in a manner satisfactory to the purchasing agency.

     (c)  Procurements of $25,000 to less than $100,000 shall be made in accordance with small purchase procedures; provided that small purchase procurements through an electronic system shall be required after the policy board has adopted rules for electronic procurement and provided training to the affected agency.

     (d)  Construction procurements of less than $50,000 to contract for drilling work and soil testing shall be made by competitive sealed bid; provided that the bid request shall be advertised to the public on the department of accounting and general services' website; and provided further that the bid for drilling and soil testing shall be separate from a bid for the engineering work on the same project."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval; provided that the amendments to section 103D-305, Hawaii Revised Statutes, by this Act shall not be repealed when that section is reenacted on July 1, 2012, by section 14(1) of Act 175, Session Laws of Hawaii 2009.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hawaii Public Procurement Code; Small Purchases; Construction

 

Description:

Requires competitive bidding on small purchases of construction contracts for drilling and soil testing.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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