HB 1385 Summary

• Implements recommendations from a 2020 procurement policy review comparing Hawaii's procurement process to the federal government's process, conducted pursuant to House Resolution No. 142 (2016).

• Requires the state procurement office to develop and administer a past performance database for state contractors, tracking information including contractor name, project dates, budgets, timeliness of completion, and cost variances.

• Allows procurement officers to consider a contractor's past performance on similar state contracts as a responsibility determination factor and evaluation criterion in competitive sealed bidding and request for proposals processes.

• Authorizes the head of a purchasing agency to negotiate construction bid prices with the lowest responsive and responsible bidder when the bid significantly differs from the state's pre-bid cost estimate, with negotiations potentially adjusting the bid up or down.

• Requires the state procurement office to report to the legislature no later than 20 days before the 2022 regular session convening regarding progress on implementing procurement policy review recommendations.