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HI HB2567
Bill
Status
1/24/2024
Primary Sponsor
Micah Aiu
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AI Summary
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Repeals the option for state agencies to exclude differing site conditions clauses from construction contracts when the contract is negotiated, the contractor provides the site or design, or parties agree otherwise.
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Requires every construction contract to include a mandatory clause requiring the procurement officer to investigate site conditions and modify the contract in writing if conditions materially differ from what was indicated.
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Aligns Hawaii law with Federal Acquisition Regulation by ensuring contractors are not required to bear the entire risk of unforeseen site conditions and preventing inflated bid contingencies.
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Maintains existing procedures for computing price adjustments for differing site conditions, including documented actual costs for changes under $50,000 and unilateral determinations for changes exceeding $50,000.
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Takes effect upon approval.
Legislative Description
Relating To The Hawaii Public Procurement Code.
Hawaii Public Procurement Code
Last Action
Referred to LGO, FIN, referral sheet 3
1/26/2024