STAND. COM. REP. NO. 186

Honolulu, Hawaii

RE: S.B. No. 382

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Government Operations, to which was referred S.B. No. 382 entitled:

"A BILL FOR AN ACT RELATING TO PROCUREMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to prohibit a procurement officer from disclosing a competing offeror's proposal or evaluation score during a debriefing with a non-selected offeror until after any protest is resolved and the contract is executed.

Your Committee received testimony in support of this measure from the State Procurement Office and Department of Transportation.

Your Committee finds that the release of offer details before calling for best and final offers breaches confidentiality and the principle of "sealed proposals", which are intended to promote competition and innovation. This measure protects the integrity and fairness of the procurement process by prohibiting the disclosure of any competing offeror's proposal or evaluation score, except a summary of scores, during a debriefing with a non-selected offeror until any protest is resolved and the contract is executed.

As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 382 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Government Operations,

________________________________

ANGUS L.K. MCKELVEY, Chair