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HomeMy WebLinkAboutCOM 0226.001 1996-1998 - , SECTION Section 103D-102, Hawaii Revised Statutes, is amended to read as follows: §103D-102 Application of this chapter. (a) This chapter shall apply to all procurement contracts made by governmental bodies whether the consideration for the contract is cash, revenues, realizations, receipts, or earnings, any of which the State receives or is owed; in-kind benefits; or forbearance; provided that nothing in this chapter or rules adopted hereunder shall prevent any governmental body from complying with the terms and conditions of any other grant, gift, bequest, or cooperative agreement. (b) Notwithstanding subsection (a) and except for application of subsection (d), this chapter shall not apply to contracts by governmental bodies: (1) Solicited or entered into before July 1, 1994, unless the parties agree to its application to a contract solicited or entered into prior to July 1, 1994; (2) To disburse funds, irrespective of their source: (A) For grants, subsidies, or purchases of services as those - f RECEIVED _ _ gy...._____.__.... terms are defined in section 42D-1, made in accordance nom..-----Z- Dote---- 3 -%--1-L_ ,~Gount~ Councll,_~ with standards provided by law as required by article VII, section 4, of the State Constitution; or by the counties pursuant to their respective charters or ordinances; (B) To make payments to or on behalf of public officers and employees for salaries, fringe benefits, professional fees, or reimbursements; i:uaruu. >k0. _ ~j~ 6 ~ 0 ~ ~I~ x©. _ LEC.s Nef, '~.v;Prosented.~NH1.• ktef. llate Mti-.- AR_ 1..y9.,1,~~9J (C) To satisfy obligations which the State is required to pay by law, including paying fees, permanent settlements, subsidies, or other claims, making refunds, and returning funds held by the State as trustee, custodian, or bailee; (D) For entitlement programs, including public assistance, unemployment, and workers' compensation programs, established by state or federal law; (E) For dues and fees of orgattizations of which the State or its officers and employees are members, including the National Association of Governors, the National Association of State and County Governments, and the Multi-State Tax Commission; (F) For deposit, investment, or safekeeping, including expenses related to their deposit, investment, or safekeeping; (G) ~'o governmental bodies of the State; and (H) As loans, under loan programs administered by a governmental body; (3) To procure goods, services, or construction from a govertunental body other than the University of Hawaii bookstores, from the federal government, or from another state or its political subdivision; 2 (4) To procure goods or services, including the following: (A) Services of expert witnesses for potential and actual litigation of legal matters involving the State, its agencies, and its officers and employees, including administrative quasi-judicial proceedings; (B) Works of art for museum or public display; (C) Research and reference materials including books, maps, periodicals, and pamphlets, which are published in print, video, audio, magnetic, or electronic form; (D) Meats and foodstuffs for the Kalaupapa settlement; (E) Opponents for athletic contests; (F) Utility services whose rates or prices are fixed by regulatory processes or agencies; (G) Performances, including entertainment, speeches, and cultural and artistic presentations; (H) Goods and services for commercial resale by the State; (I) Services of printers, rating agencies, support facilities, fiscal and paying agents, and registrars for the issuance and sale of the State's or counties' bonds; and (J) Travel arrangements purchased by the University of Hawaii for its intercollegiate athletic programs; which the policy office determines by rule or the chief 3 procurement officer determines in writing is available from multiple sources but for which procurement by competitive means is either not practicable or not advantageous to the State; and (5) Which are specific procurements expressly exempt from any or all of the requirements of this chapter by: (A) References in state or federal law to provisions of this chapter or a section of this chapter, or references to a particular requirement of this chapter; (B) Trade agreements, including the Uruguay Round General Agreement on Tariffs and Trade (GATT) which require certain non-construction and non-software development procurements by the comptroller to be conducted in accordance with its terms. (c) Governmental bodies making procurements which are exempt from this chapter are neve~heless encouraged to adopt and use provisions of this chapter and its implementing rules as appropriate; provided that the use of one or more provisions shall not constitute a waiver of the exemption confetred and subject the procurement or the governmental body to any other provision of this chapter. Notwithstandine anv other law to the contrary including but not limited to sections 76-16. 46-43 and 76-77, every exoendimre of public funds by anv governmental body and an~ositions under any contract made nrior to Julv 4 1 1994 or pursuant to this chapter or subsection (cl above, shall be exempt from the requirements of chapter 76 if the chief procurement officer determines that: the aeencv is not actine with the intent to circumvent civil service lawsi no civil service em~oyee currently emplo~d will be dischareed . - - - - solely as a result of [he makine of the contract: and it is in the best interest of the public to contract for such services. SECTION Section 42D-11, Hawaii Revised Statutes, is amended to read as follows: §42D-11 Applicability and interpretation. (a) This chapter shall be construed to be consistent with existing statutory law; provided that, in the case of conflict, provisions contained in this chapter shall prevail. (b) The qualifying standards and conditions related to the receipt of funds contained in this chapter shall not apply to funds that are transferred from one governmental agency to another governmental agency, including county agencies; provided that, if the receiving agency in turn contracts with a recipient or provider, then the qualifying standards and conditions and other provisions of this chapter shall apply to the recipient or provider and the contract. The receiving agency shall ensure compliance by the recipient or provider. (c) This chapter shall be liberally construed to not hinder or impede the application, receipt, and use of federal-aid funds that may become available to the State or the judiciary. If federal-aid funds not already anticipated to be received and included in appropriations become available, each agency 5 administering programs that could qualify for the available federal-aid funds, pursuant to chapter 29, may apply for, receive, and expend the federal-aid funds in accordance with the terms and conditions specified in the applicable federal statutes, regulations, or financial assistance award documents. Notwithstandine anv other law to the contrary including but not limited to sections 76-16, 46-43 and 76-77, every expenditure of public funds by anv eovernmental body and any positions under anv contract made prior to July 1, 1994 or pursuant to this chanter shall be exempt from the requirements of chapter 76, if the agency determines that: the agency is not actine with the intent to circumvent civil service lam no civil service employee currently employed will be discharged solely as a result of the makine of the contract: and it is in the best interest of the public to contract for such services. 6