STAND. COM. REP. NO.  991

 

Honolulu, Hawaii

                , 2025

 

RE:   H.B. No. 988

      H.D. 1

 

 

 

 

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

 

Madame:

 

     Your Committee on Finance, to which was referred H.B. No. 988 entitled:

 

"A BILL FOR AN ACT RELATING TO PROCUREMENT,"

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Prohibit a procurement officer from disclosing a competing offeror's proposal or evaluation scores, except the summary of scores, during a debriefing requested by a non-selected offeror; and

 

     (2)  Authorize the disclosure of a competing offeror's proposal or evaluation scores after a protest is resolved and the contract is executed.

 

     Your Committee received testimony in support of this measure from the Department of Accounting and General Services; Department of Transportation; and State Procurement Office.  Your Committee received comments on this measure from the General Contractors Association of Hawaii.

 

     Your Committee finds that the purpose of a debriefing is to explain a purchasing agency's overall ranking of all proposals and provide a summary of the rationale for any awards.  Public disclosure of competing proposals that contain confidential information prior to final contract execution could foreseeably give an unfair competitive advantage to other offerors.  Your Committee further finds that this measure provides clear guidance to purchasing agencies regarding what cannot be disclosed at a debriefing, in order to maintain integrity, confidentiality, and fairness during the procurement process.

 

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 988, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 988, H.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

 

____________________________

KYLE T. YAMASHITA, Chair