Z-152                 _______________________________________________

 

                                                    HOUSE BILL NO. 393

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representatives Brooks, Belcher, J. Williams, O'Brien and Hankins; by Department of General Administration request

 

 

Read first time 2/1/85 and referred to Committee on State Government.

 

 


AN ACT Relating to state purchasing; and adding a new section to chapter 43.19 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 43.19 RCW to read as follows:

          (1) If the director of purchasing and material control or the director's designee determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals.  The competitive sealed proposal method may be used under the following conditions:

          (a) Adequate public notice is given;

          (b) Proposals are sent to all vendors who have qualified by applications to the division of purchasing in accordance with RCW 43.19.1908;

(c) Receipt of competitive proposals is documented on a register during a public meeting held at a time and date specified in the request for proposals, and proposals shall be opened so as to avoid disclosure of their contents to competing offerors during the process;

          (d) All proposals shall be completely open for public inspection after the contract award;

          (e) The request for proposals shall state the relative importance of the factors, in addition to price, that will be considered in awarding the contract;

          (f) Before issuing a request for proposals, consideration shall be given to holding a preproposal conference, publicized in advance, to allow offerors an opportunity to clarify questions and increase understanding on the part of all competitors;

          (g) After the receipt of proposals from offerors, the state may conduct discussions with responsible offerors who submit proposals determined to be reasonably capable of being selected for award, for the purpose of clarification to ensure full understanding of and responsiveness to the solicitation requirements.  Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and the revisions may be permitted after submission and before the award of the contract for the purposes of obtaining the best and final offers.  In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors;

          (h) Negotiations shall be conducted in accordance with ethical business standards.  Auction techniques are prohibited.  For each competitive proposal, there shall be a predetermined date for the submission of final offers; and

          (i) The award shall be made to the responsible offeror whose proposal is determined, in writing, to be most advantageous to the state, taking into consideration that price and other evaluation factors set forth in the request for proposals shall be used in evaluation.  Contract files shall contain the basis on which the award is made.

          (2) The method of evaluating competitive sealed proposals shall be by a procurement committee, chaired by a procurement official and including representatives of the division or department that will use the goods or services.  Each committee shall disband after completion of the acquisition.  The director of purchasing and material control may, consistent with chapter 34.04 RCW, establish such rules as may be necessary to carry out the purposes of this section.