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May 7, 2008 The following is an update on the final outcome of two measures affecting Public Educational and Governmental (PEG) Access during the 2008 session of the Hawaii State Legislature. Many of you turned out to support the bill and as you may recall, SB1789 SD2 passed the Senate and was referred to the House. The House Finance Committee passed the measure without any committee members opposing it. Unfortunately, during the last days of the session, the bill was not scheduled for a vote on the House floor and died. The good news is that the House resolution, HCR358, HD1, was adopted by both houses of the Legislature. The resolution requests the Department of Commerce and Consumer Affairs (DCCA) to “establish a task force to solicit public input and examine methods other than the Public Procurement Code process to oversee Public, Education and Government Access Organizations’ expenditures and ensure proper checks and balances.” Although a resolution does not have the force of law, it expresses the sentiments of the Legislature and provides direction to State agencies. It also directs the 12-member task force to include a representative from each PEG, as well as representatives from education and government, and requested that the task force submit a report of its findings to the Legislature no later than 20 days prior to the convening of the 2009 session. While we would have preferred that SB1789 become law with some amendments, we believe that the passage of HCR358 sends a message to the DCCA and the State Procurement Office (SPO) to rethink the RFP process as it relates to PEG Access. This, in tandem with your continuing advocacy on behalf of PEG Access is an important step in revising the process and it is our understanding that the DCCA and SPO intend to put the RFP on hold so that the task force can do its work. All of us at `Ōlelo appreciate very deeply the efforts of all our clients and supporters to get the Legislature to understand the importance of PEG Access, especially its role in promoting First Amendment rights. Our thanks to all of you for your efforts and we will continue to keep you informed as the contract process evolves.
Thank you to all who provided testimony in support SB1789 SD2. On Friday, March 28, it passed out of the House Committee on Finance. An overwhelming amount of people submitted testimony in support of an exemption for PEG access services from the State's procurement process. Although we were successful again in this on-going effort, there is still more work to be done. We will keep you updated.
There will be an opportunity to submit
written testimony to the Senate Committee on Commerce, Consumer Protection
and Affordable Housing, (CPH) next Tuesday, Feb 26. This bill
(SB1789, SD1) will exempt all of Hawaii's PEGs from the RFP process
if passed. The
hearing, which is scheduled to include decision-making, will be held:
There is one provision in the RFP that I would like to make you aware of because it will affect our future communications about the RFP, and that is the section referring to a Quiet Period. This part of the RFP states that offerors and their employees shall not engage in any “attempts to influence the State, DCCA or the Evaluation committee in an effort to be selected”. In order to ensure that this process is fair to all potential bidders, we are going to broadly interpret the section to mean that we should not discuss the RFP with anyone other than 'Olelo staff members and Board until the contract is awarded, which is scheduled to be November 1, 2007. Unfortunately, this means that 'Olelo staff members will be unable to respond to any of your questions or concerns about the RFP process. Please accept our apologies, but the current legal process requires us to be cautious or our standing as a potential bidder could be jeopardized. If you have any questions or concerns about the RFP, we suggest that you contact the Department of Commerce and Consumer Affairs and the State Procurement Office for more information. As the process continues, please volunteer and produce programs just as you always have and staff will continue to assist you in any way they can. Thank you for your continued support, *****************
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