EDITORIAL
New procurement law doesn't erase doubts

The Legislature has passed, and Gov. Linda Lingle has signed into law, a major tweaking of the procedures used by the state and the counties to select companies seeking professional services contracts.

We do not share Lingle's optimism that the new law "puts to rest the appearance of impropriety relative to nonbid contracts," although we'd be mightily pleased, over time, to be shown to have been too pessimistic.

The only way really to put the appearance of impropriety to rest is for officials overseeing nonbid contracts to refuse to accept campaign contributions from prospective contractors.

As a candidate, Lingle promised "transparent" procurement but didn't focus on campaign spending reform. What we're seeing is reform by a different route.

The most important change in the procurement law is in the review committee, which under the old law was three or more employees from the purchasing agency or other government body appointed by the head of the purchasing agency. The committee would submit names of the most qualified companies.

Now committee members don't have to come from government. The head of the purchasing agency can choose from anywhere and must ensure "their impartiality and independence" and that they are qualified to judge the services being purchased.

The committee now will rank applicants according to published criteria, and procurement officials will negotiate with them in that order.

It appears to us that politically inclined agency heads will still have the opportunity to appoint review committee members who know how to separate politically friendly applicants from those who have forgotten to make campaign contributions.

Only time will tell whether the subjective qualities of impartiality and independence required of committee members will be enforceable.