THE SENATE	S.B. NO.	2030
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO PROCUREMENT.

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

     SECTION 1.  Section 103D-104, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Ministerial act" means an act in which a person performs on a given state of facts in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of the person's own judgment upon the propriety of the act being done."

     SECTION 2.  Section 103D-302, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of invitations for bids, awards, or contracts based on such bid mistakes, shall be permitted in accordance with rules adopted by the policy board.  After bid opening no changes in bid prices or other provisions of bids prejudicial to the interest of the public or to fair competition shall be permitted[.]; provided that the procurement officer may:

(1) Allow the scope of work for a listed subcontractor to be expanded for clarification purposes only within five working days of bid opening; provided further that the listed subcontractor possesses the proper contractor's license to include the expanded work; and

(2) Permit a previously licensed and listed subcontractor whose license at bid time had been suspended or forfeited due solely to a ministerial act, pursuant to chapter 444, to be considered valid provided that the subcontractor's license is reinstated before the award.

Except as otherwise provided by rule, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the [chief] procurement officer [or head of a purchasing agency]."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2112.

Report Title:

Procurement; Joint Contractors and Subcontractors

Description:

Allows the procurement officer to expand the scope of work in a bid for a listed subcontractor, with certain conditions, after bid opening.  Effective July 1, 2112.  (SB2030 HD1)

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