REPORT TITLE:
Procurement; Prof. Services


DESCRIPTION:
Amends the law relating to the procurement of professional
services to establish criteria used by screening committees for
the selection of qualified persons and to require the electronic
posting and publication of contracts that have been awarded,
including the name of the recipient and dollar amount of the
contract.  (HB2311 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2311
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE PROCUREMENT CODE FOR DESIGN PROFESSIONAL
   SERVICES.



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

 1      SECTION 1.  Section 103D-304, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§103D-304  Procurement of professional services.(a)
 
 4 Professional services shall be procured in accordance with
 
 5 sections 103D-302, 103D-303, 103D-305, 103D-306, or 103D-307, or
 
 6 this section.  Contracts for professional services shall be
 
 7 awarded on the basis of demonstrated competence and qualification
 
 8 for the type of services required, and at fair and reasonable
 
 9 prices.
 
10      (b)  At a minimum, before the beginning of each fiscal year,
 
11 the head of each purchasing agency shall publish a notice
 
12 inviting persons engaged in providing professional services which
 
13 the agency anticipates needing in the next fiscal year, to submit
 
14 current statements of qualifications and expressions of interest
 
15 to the agency.  Additional notices may be given if:
 
16      (1)  The response to the initial notice is inadequate;
 
17      (2)  The response to the initial notice does not result in
 
18           adequate representation of available sources; or
 

 
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 1      (3)  Previously unanticipated needs for professional
 
 2           services arise.
 
 3 The chief procurement officer may specify a uniform format for
 
 4 statements of qualifications.  Persons may amend these statements
 
 5 by filing a new statement prior to the date designated for
 
 6 submission.
 
 7      (c)  The head of the purchasing agency shall designate a
 
 8 review committee consisting of a minimum of three employees from
 
 9 the agency or from another governmental body, with sufficient
 
10 education, training, and licenses or credentials for each type of
 
11 professional service which may be required.  The committee shall
 
12 review and evaluate all submissions and other pertinent
 
13 information, including references and reports, and prepare a list
 
14 of qualified persons to provide these services.  Persons included
 
15 on the list of qualified persons may amend their statements of
 
16 qualifications as necessary or appropriate.  Persons shall
 
17 immediately inform the head of the purchasing agency of any
 
18 change in information furnished which would disqualify the person
 
19 from being considered for a contract award.
 
20      (d)  Whenever during the course of the fiscal year the
 
21 agency needs a particular professional service, the head of the
 
22 purchasing agency shall designate a screening committee to
 
23 evaluate the statements of qualification and performance data of
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 those persons on the list prepared pursuant to subsection (c)
 
 2 along with any other pertinent information, including references
 
 3 and reports.  The screening committee shall be comprised of a
 
 4 minimum of three employees of the purchasing agency with
 
 5 sufficient education, training, and licenses or credentials in
 
 6 the area of the services required.  If the purchasing agency and
 
 7 using agency are different, the committee shall include at least
 
 8 one qualified employee from the using agency.  When the committee
 
 9 includes an employee from a using agency, the employee shall be
 
10 appointed by the head of the using agency.  If qualified
 
11 employees are not available from these agencies, the officers may
 
12 designate employees of other governmental bodies.  The screening
 
13 committee shall establish criteria for the selection[, and] of
 
14 persons on the list prepared pursuant to subsection (c), which
 
15 shall include:
 
16      (1)  Experience and professional qualifications of its
 
17           assigned staff in the project type; and
 
18      (2)  Past performance on projects of similar scope for
 
19           public agencies or private industry.
 
20 The screening committee shall evaluate the submissions of persons
 
21 on the list prepared pursuant to subsection (c) and any other
 
22 pertinent information which may be available to the agency,
 
23 against that selection criteria.  The committee may conduct
 

 
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 1 confidential discussions with any person who is included on the
 
 2 list prepared pursuant to subsection (c) regarding the services
 
 3 which are required and the services they are able to provide.  In
 
 4 conducting discussions, there shall be no disclosure of any
 
 5 information derived from proposals submitted by competing
 
 6 offerors.  The committee shall provide the head of the purchasing
 
 7 agency with the names of a minimum of three persons who the
 
 8 committee concludes are the most qualified to provide the
 
 9 services required, with a summary of each of their
 
10 qualifications.  The contract file shall contain a copy of the
 
11 criteria established for the selection and the committee's
 
12 summary of qualifications for each of the persons provided to the
 
13 head of the purchasing agency by the committee.
 
14      (e)  The head of the purchasing agency shall evaluate the
 
15 summary of qualifications for each of the persons provided by the
 
16 screening committee and may conduct additional discussions with
 
17 any of them.  The head of the purchasing agency shall then rank
 
18 the persons in order of preference.  The head of the purchasing
 
19 agency shall negotiate a contract with the first person,
 
20 including a rate of compensation which is fair and reasonable,
 
21 established in writing, and based upon the estimated value,
 
22 scope, complexity, and nature of the services to be rendered.  If
 
23 a satisfactory contract cannot be negotiated with the first
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 person, negotiations with that person shall be formally
 
 2 terminated and negotiations with the second person on the list
 
 3 shall commence.  Failing accord with the second person,
 
 4 negotiations with the next person on the list shall commence.  If
 
 5 a contract at a fair and reasonable price cannot be negotiated,
 
 6 the screening committee may be asked to submit a minimum of three
 
 7 additional persons for the head of the purchasing agency to rank,
 
 8 and resume negotiations in the same manner provided in this
 
 9 subsection.  Negotiations shall be conducted confidentially.
 
10      (f)  Contracts awarded under this section shall be posted
 
11 electronically within thirty days of the award.  For each fiscal
 
12 year, all contracts awarded under this section by each purchasing
 
13 agency shall be published statewide at least once.  Information
 
14 to be posted and published shall include the name of the person
 
15 or organization receiving the award and the dollar amount of the
 
16 contract.
 
17      [(f)] (g)  Contracts for professional services of less than
 
18 $25,000 may be negotiated by the head of a purchasing agency,
 
19 with any two persons who appear on the list of qualified persons
 
20 established pursuant to subsection (c).  Negotiations shall be
 
21 conducted in the manner set forth in subsection (e) but without
 
22 establishing any order of preference."
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1      SECTION 2.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 3.  This Act shall take effect upon its approval.