FINAL BILL REPORT

SHB 746

                                  C 183 L 87

BYHouse Committee on Transportation (originally sponsored by Representatives Walk, Schmidt, Zellinsky, Pruitt, Meyers, S. Wilson, Brough, Haugen, Heavey, Schoon, P. King and Betrozoff)

Establishing procedures for state purchase of passenger-only ferries.

House Committe on Transportation

Senate Committee on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

The Department of Transportation does not currently have the authority to purchase new passenger- only vessels that have already been designed and have a proven history of successful operation.

SUMMARY:

Procedures are created for acquisition of passenger-only ferries of a proven and operational design by the Department of Transportation.  The procedures include:

1) The department must publish and mail a notice soliciting bids to construct one or more passenger-only ferries.  The notice must include the number of ferries to be purchased (contract for one with an option to purchase the remainder), prequalification requirements and that complete plans and specifications of the vessel must be submitted along with evidence of successful operation of the vessel during the previous five years.  The notice is to be mailed to all firms known to the department that have constructed and placed in operation vessels that meet or exceed the department's performance criteria.

2) The department must send a request for proposal to any firm desiring one.  It must include the requirements for bidding, a copy of the contract to be signed by the winning bidder, the number of vessels to be contracted for, the maximum purchase price, the proposed delivery date and a statement that all bids are offers and are open for 90 days after the submittal deadline unless formally withdrawn prior to award of the contract.

When a bid is submitted it must include a set of plans certified as complete by the department's marine architect, evidence of successful operation of the vessel within the last five years and evidence that the bidder is prequalified.  The bid must be accompanied by a deposit equal to 5 percent of the proposed contract price.

3) The department shall then evaluate the bids for compliance with the requirements specified in the request for proposal and shall estimate the operation and maintenance costs of each vessel using criteria developed by the department.

4) The department shall award the contract to the firm presenting the most advantageous offer and rank the other bidders in order of preference.  Losing bidders are to be notified immediately and an appeal may be taken to the Thurston County Superior Court.  The appeal must be taken within five days after the firm received notification.  The decision of the department will be affirmed unless the court finds the department acted in an arbitrary and capricious fashion.

The department, in developing a contract for the procurement of ferry vessels, may authorize the use of foreign-made materials and components in order to minimize costs, subject to the limitations of RCW 39.25.020.

If the winning bidder fails to enter into a contract with the department within 20 days of the award, the firm forfeits the 5 percent proposal deposit.  When a contract is entered into, the deposits of the losing bidders are returned.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    47     0

EFFECTIVE:July 26, 1987