BE IT ORDAINED by the People of the City and County of Honolulu:

SECTION 1. Through the enactment of Ordinance 07-001, the council approved a fixed guideway system as the locally preferred alternative. Part IV, Section 7 of Ordinance 07-001, requires the city administration to submit to the council the specifications in each proposed request for proposals or invitation for bids for work that includes the planning, design, or construction of any portion of the locally preferred alternative before issuing the request or invitation. This section further prohibits the city administration from issuing the request for proposals or invitation for bids until after the specifications are approved by the council.

In response to an inquiry from a councilmember and based on the assumptions stated in the inquiry, the state procurement office issued a letter dated July 15, 2008, (Miscellaneous Communication 1544), stating that pursuant to the cited provisions of the state procurement code, the chief procurement officer of the executive branch of the city cannot delegate her authority for the mass transit project to the legislative branch of the city, and that without such designation of authority, the city council cannot intrude into the executive branch’s procurement of the mass transit project by imposing a requirement that the executive branch obtain the city council’s prior review and approval of the contract specifications for the mass transit project before the executive branch can issue a solicitation for the project.

The purpose of this ordinance is to amend Part IV, Section 7 of Ordinance 07-001 to require the city administration to submit to the council certain information regarding the request for proposals or invitation for bids for the mass transit project.

SECTION 2. Part IV, Section 7 of Ordinance 07-001 is amended to read as follows:

SECTION 3. Ordinance material in Section 2 to be repealed is bracketed. New material in Section 2 is underscored.