Report Title:

Procurement; Sealed Bids; Sealed Proposals

Description:

Provides sanctions for false information or misrepresentation in competitive sealed proposals and competitive sealed bids.

THE SENATE	S.B. NO.	2867
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO the HAWAII PUBLIC PROCUREMENT CODE.

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

     SECTION 1.  Section 103D-302, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

     "(h)  The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids.  Any false information or misrepresentation knowingly placed in the bid shall be a basis for not awarding the bid to that bidder.  Additionally, the chief procurement officer shall place the bidder on a one year mandatory suspension from bidding for any contract under this chapter, if, after affording the bidder a reasonable opportunity to be heard, the chief procurement officer finds that the bidder knowingly placed false information or any misrepresentation in a bid. In the event all bids exceed available funds as certified by the appropriate fiscal officer, the head of the purchasing agency responsible for the procurement in question is authorized in situations where time or economic considerations preclude resolicitation of work of a reduced scope to negotiate an adjustment of the bid price, including changes in the bid requirements, with the low responsible and responsive bidder, in order to bring the bid within the amount of available funds."

     SECTION 2.  Section 103D-303, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous taking into consideration price and the evaluation factors set forth in the request for proposals.  No other factors or criteria shall be used in the evaluation.  The contract file shall contain the basis on which the award is made.  Any false information or misrepresentation knowingly placed in the proposal shall be a basis for not selecting the offeror of that proposal.  Additionally, the chief procurement officer shall place the offeror on a one year mandatory suspension from submitting any proposal for any contract under this chapter, if, after affording the offerror a reasonable opportunity to be heard, the chief procurement officer finds that the offeror knowingly placed false information or any misrepresentation in a proposal.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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