HomeMy WebLinkAboutRES 420 Draft 01 1994-1996COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. 4 2 0 9 6
APPROVING A BILL CONCERNING BIDDERS PREFERENCE FOR COUNTY
PUBLIC WORKS PROJECTS FOR INCLUSION IN THE 1997 HSAC LEGISLATIVE
PACKAGE.
WHEREAS, the Kauai County Council has requested that the attached bill, which would
authorize the counties by ordinance to grant contractors who have paid their Hawaii taxes on
time for at least four successive years a preference when bidding on county public works
projects, be included in the Hawaii State Association of Counties (HSAC) Legislative Package
for presentation to the 1997 Legislature; and
WHEREAS, the bill proposes to grant a 15 percent preference to contractors submitting
bids on county public works projects, who:
(1) For bids of $5 million or less, have filed Hawaii tax returns and paid Hawaii taxes
for four successive yeazs prior to submitting a bid; and
(2) For bids of more than $5 million, have filed Hawaii tax retums and paid Hawaii
taxes for eight successive yeazs prior to submitting a bid; and
WHEREAS, a proposal may be included in the HSAC Legislative Package if it promotes
the interests of all counties; and
WHEREAS, the proposal does promote the interests of all counties and is worthy of
inclusion in the package,
NOW THEREFORE BE IT RESOLVED that the Council of the County of Hawaii
approve for inclusion in the 1997 HSAC Legislative Package the attached legislative bill,
attachment A, authorizing the counties by ordinance to grant preference to certain bidders for
county public works projects.
BE IT FINALLY RESOLVED that the Clerk is directed to transmit certified copies of
this Resolution to the President of the Hawaii State Association of Counties and the Chair of the
Kauai County Council.
Dated: Hilo, Hawaii, November 21, 1996
INTRODUCED BY:
COUNTY OF HAWAII
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_ ,_ .,G-.„ Reference C-1480
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.
B. NO.
A BILL FOR AN ACT
RELATING TO PREFERENCE TO BIDDERS ON COUNTY CONTRACTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103-45.5, Hawaii Revised Statutes, is
amended by adding a new subsection (g) to read as follows:
"(a) The requirements in this section are in addition to
any other applicable requirements provided in this chapter.
(b) The preference in this section may not be utilized in
combination with any other preference otherwise available to a
bidder under state or federal law.
(c) In any contract for a public works project, a state
agency shall award the contract to a bidder who has filed State
of Hawaii employment, general excise, and income tax returns and
has paid all amounts owing on such returns for four successive
years prior to submitting the bid; provided that the amount of
that bid is not more than fifteen per cent higher than the amount
bid by any competing contractor who has not filed or paid State
of Hawaii taxes as specified, and the amount of the bid by the
state tax paying bidder is $5,000,000 or less.
i
(d) In any contract for a public works project, a state
agency shall award the contract to a bidder who has filed State
of Hawaii employment, general excise, and income tax returns and
ATTAG'E~tENT A
HSAC BIDDERS.B96
has paid all amounts owing on such returns for eight successive
years prior to submitting the bid; provided that the amount of
that bid is not more than fifteen per cent higher than the amount
bid by any competing contractor who has not filed or paid State
of Hawaii taxes as specified, and the amount of the bid by the
state tax paying bidder is more than $5,000,000.
(e) If two or more contractors who have paid state and
county taxes or were required to submit a filing regarding state
and county taxes are bidding on a public works contract, and
those contractors meet the criteria outlines in subsection (c) or
(d), the state agency shall award the contract to the contractor
among them who has submitted the lowest bid.
(f) If any federal statute or regulation precludes the
granting of federal assistance or reduces the amount of that
assistance for a particular public works project because of
preference awarded by this section, this section shall sot apply
insofar as its application would preclude or reduce federal
assistance for that work.
~a) Anv county. by ordinance, may adopt a preference for
bidders or_ cour_ty public works vroiects identical to the
provisions in this section."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY:~
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