STAND. COM. REP. NO.  1604-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 2867

      S.D. 2

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2867, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII PUBLIC PROCUREMENT CODE,"

begs leave to report as follows:

     The purpose of this bill is to deter offerors and subcontractors from using false information to be awarded a procurement contract by providing that false information knowingly placed in a procurement bid:

(1)  Is a basis for rejection of the bid; and

(2)  May result in debarment or suspension, and shall result in a one year mandatory suspension from being considered for procurement awards.

     The Department of Accounting and General Services supported the intent of this bill.  The General Contractors Association of Hawaii opposed this measure.

     Your Committee has amended this bill by:

(1)  Prohibiting the Chief Procurement Officer from delegating authority to resolve protested solicitations and awards; and

(2)  Making technical, nonsubstantive changes for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2867, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2867, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

TOMMY WATERS, Chair