SB1101 SD1
                                   STAND. COM. REP. NO. 651

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1101
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 1101 entitled: 

     "A BILL FOR AN ACT RELATING TO REMEDIES OF PART VII,
     CHAPTER 103D, HAWAII REVISED STATUTES,"

begs leave to report as follows:

     The purpose of this measure is to provide changes to part
VII of the Hawaii Public Procurement Code, chapter 103D, Hawaii
Revised Statutes, and to clarify the provisions for protests and
the related available remedies.  

     The Department of Accounting and General Services presented
testimony in support of this measure.

     Your Committee finds that this measure facilitates the
administration of the State procurement code by clarifying the
provisions relating to:

     (1)  The protesting of an award of a public contract;

     (2)  The authority to debar or suspend a person from
          consideration for public contracts;

     (3)  The authority to resolve contract and breach of
          contract controversies;


 
 
 
                                   STAND. COM. REP. NO. 651
                                   Page 2


     (4)  A determination that a solicitation or award is in
          violation of the procurement code; and 

     (5)  Requests for administrative review.

     The measure also expands the scope of post-award remedies,
establishes limits on the calculation of interest on amounts due
to a contractor, and limits standing to seek administrative and
judicial relief.  

     Your Committee has made technical, nonsubstantive amendments
to this measure.  
     
     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 1101, as amended herein, and recommends that
it pass Third Reading in the form attached hereto as S.B.
No. 1101, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair