HOUSE OF REPRESENTATIVES
H.B. NO.
1414
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating to procurement.
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[[Struck through: .]][Underlined: ; provided that, if the purchasing agency determines that an award made to the lowest responsible and responsive bidder is not in the best interests of the State, the head of the purchasing agency, with the approval of the chief procurement officer, may award the contract to the responsible and responsive bidder whose bid is most beneficial to taxpayers or otherwise in the best interests of the State.] 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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
Procurement; Competitive Sealed Bidding; Contract Award; Best Interests of the State
Description:
For procurements conducted by competitive sealed bidding, authorizes the head of a procurement agency to award a contract to a bidder who is not the lowest responsible and responsive bidder if the head of the procuring agency determines that the award is most beneficial to taxpayers or otherwise in the best interests of the State.
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