Report Title:

Procurement Code; Pre-Job Conference

Description:

Requires chief procurement officer to hold a pre-job conference at least 30 days before contract work begins.  Allows unselected offerors of professional services and in competitive sealed proposals to ask for a debriefing.  Requires any subsequent protest to be submitted before the pre-job conference.

HOUSE OF REPRESENTATIVES	H.B. NO.	3028
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to the procurement code.

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

     SECTION 1.  Section 103D-701, Hawaii Revised Statutes, is amended to read as follows:

     "§103D-701  Authority to resolve protested solicitations and awards; pre-job conference.  (a)  For any project with a total estimated contract value of $500,000 or greater, the appropriate chief procurement officer shall hold a pre-job conference, which the contractor, all subcontractors, and any employee representative of workers who will be working on the project shall be required to attend, at least thirty days prior to the date the contractor plans to begin work.

     [(a)] (b)  Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the chief procurement officer or a designee as specified in the solicitation.  Except as provided in sections 103D-303 and 103D-304, a protest shall be submitted in writing within five working days after the aggrieved person knows or should have known of the facts giving rise thereto; provided that a protest of an award or proposed award [shall], in any event, shall be submitted in writing within five working days after the [posting of award of the contract under section 103D-302 or 103D-303, if no request for debriefing has been made, as applicable; provided further that no protest based upon the content of the solicitation shall be considered unless it is submitted in writing prior to the date set for the receipt of offers.] pre-job conference held pursuant to subsection (a).

     [(b)] (c)  The chief procurement officer or a designee, prior to the commencement of an administrative proceeding under section 103D-709 or an action in court pursuant to section 103D-710, may settle and resolve a protest concerning the solicitation or award of a contract.  This authority shall be exercised in accordance with rules adopted by the policy board.

     [(c)] (d)  If the protest is not resolved by mutual agreement, the chief procurement officer or a designee shall promptly issue a decision in writing to uphold or deny the protest.  The decision shall:

     (1)  State the reasons for the action taken; and

     (2)  Inform the protestor of the protestor's right to an administrative proceeding as provided in this part, if applicable.

     [(d)] (e)  A copy of the decision under subsection [(c)] (d) shall be mailed or otherwise furnished immediately to the protestor and any other party intervening.

     [(e)] (f)  A decision under subsection [(c)] (d) shall be final and conclusive, unless any person adversely affected by the decision commences an administrative proceeding under section 103D-709.

     [(f)] (g)  In the event of a timely protest under subsection [(a)] (b), no further action shall be taken on the solicitation or the award of the contract until the chief procurement officer makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the State.

     [(g)] (h)  In addition to any other relief, when a protest is sustained and the protestor should have been awarded the contract under the solicitation but is not, then the protestor shall be entitled to the actual costs reasonably incurred in connection with the solicitation, including bid or proposal preparation costs but not attorney's fees.

(i)  Regarding awards made under procedures pursuant to sections 103D‑303 or 103D‑304, unsuccessful offerors and non-selected professional service providers may submit a written request for a debriefing to the chief procurement officer or designee within three working days after the posting of the contract award.  Thereafter, the appropriate chief procurement officer shall provide the requestor a prompt debriefing in accordance with rules adopted by the policy board.  Any protest by the requestor following the debriefing shall be submitted in writing prior to the pre-job conference held pursuant to subsection (a)."

     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.

INTRODUCED BY:

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