AN ACT Relating to the attorney general; adding new sections to chapter 43.10 RCW; creating a new section; repealing section 5, chapter 335, Laws of 1981 (uncodified); and declaring an emergency.

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

NEW SECTION. Sec. 1. The attorney general shall annually report to the organized crime advisory board a summary of the attorney general's investigative and criminal prosecution activity conducted pursuant to this chapter. Except to the extent the summary describes information that is a matter of public record, the information made available to the board shall be given all necessary security protection in accordance with the terms and provisions of applicable laws and rules and shall not be revealed or divulged publicly or privately by members of the board.

NEW SECTION. Sec. 2. It is the intent of sections 3 through 7 of this act to establish a process of competitive bidding for all personal services contracts for the rendering of legal services to the state of Washington entered into on behalf of the state by the attorney general.

NEW SECTION. Sec. 3. (1) Insofar as is practicable, all personal services contracts for legal services shall be based on competitive bids. A sealed bid procedure shall be used as standard procedure for such contracts entered into on behalf of the state by the attorney general.

(2) Competitive bidding is not necessary if:

(a) The value of the contract does not exceed two thousand five hundred dollars; or

(b) In the opinion of the attorney general there exists an emergency when the interest or property of the state would suffer irreparable injury or damage by delay.

NEW SECTION. Sec. 4. Competitive bidding required by section 3 of this act shall be solicited by public notice issued by the attorney general. Notice of the contracts to be awarded shall be placed periodically in the official publication of the Washington state bar association. Bids may be solicited by the attorney general through any source thought to be of advantage to the state. All bids shall be in writing and conform to rules adopted by the attorney general.

NEW SECTION. Sec. 5. The attorney general shall prepare specifications in writing for each personal services contract to be awarded. The specifications shall be available for public inspection at the offices of the attorney general in Olympia, Seattle, and Spokane, and provided to potential bidders upon payment of a fee equal to the costs of copying the specifications.

NEW SECTION. Sec. 6. (1) Personal services contracts for legal services shall be awarded by the attorney general to the lowest responsible bidder. In determining the lowest responsible bidder, the attorney general shall take the following elements into account, in addition to price:

(a) The ability, capacity, and skill of the bidder to perform the services required;

(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(d) The quality of performance of previous contracts or services; and

(e) Such other information as may be secured having a bearing on the decision to award the contract.

(2) Any or all bids may be rejected for good cause.

NEW SECTION. Sec. 7. Upon request of a prosecuting attorney, the attorney general may assume responsibility for the appellate review of a criminal case or assist the prosecuting attorney in the appellate review if the attorney general finds that the case involves fundamental issues affecting the public interest and the administration of criminal justice in this state.

NEW SECTION. Sec. 8. Sections 2 through 6 of this act apply to any personal services contracts awarded by the attorney general on or after the effective date of sections 2 through 6 of this act. Sections 2 through 6 of this act do not apply to any renewal, extension, or amendment of any contract entered into prior to the effective date of sections 2 through 6 of this act.

NEW SECTION. Sec. 9. Sections 1 through 7 of this act are each added to chapter 43.10 RCW.

NEW SECTION. Sec. 10. Section 5, chapter 335, Laws of 1981 (uncodified) is repealed.

NEW SECTION. Sec. 11. Section 10 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.