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HI HB550
Bill
Status
1/26/2015
Primary Sponsor
Isaac Choy
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AI Summary
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Repeals the requirement that construction bids include the names of subcontractors and their proposed scope of work in the competitive sealed bidding process for public works projects.
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Adds two new definitions to Hawaii Revised Statutes: "bid shopping" (use of a low subcontractor bid to pressure other subcontractors into lower bids) and "bid peddling" (subcontractor attempts to undercut known bids submitted to the prime contractor).
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Prohibits the practice of bid shopping and bid peddling before or after contract award, allowing subcontractors to recover monetary damages from prime contractors or other subcontractors who engage in these practices.
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Places burden of proof on the subcontractor to prove by preponderance of the evidence that bid shopping or peddling occurred; protects the awarding agency from liability for monetary damages.
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Aims to reduce project delays and cost overruns caused by bid protests based on subcontractor listing technicalities, with one state agency estimating $11,000,000 in extra costs since 2005.
Legislative Description
Procurement; Subcontractors; Listing; Practices
Last Action
The committee(s) on CPC recommend(s) that the measure be deferred.
2/18/2015