H-1831.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1212
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Education (originally sponsored by Representatives Peery, Brough, Ebersole, Vance, Winsley, Betrozoff, Pruitt and Orr).
Read first time February 20, 1991.
AN ACT Relating to school district competitive bidding; and amending RCW 28A.335.190.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.335.190 and 1990 c 33 s 362 are each amended to read as follows:
(1)
When, in the opinion of the board of directors of any school district, the cost
of any ((furniture, supplies, equipment, building, improvements, or repairs,
or other work or purchases, except books, will equal or exceed the sum of
twenty)) purchase of furniture, equipment, or supplies, except books,
will equal or exceed the sum of twenty thousand dollars, and when, in the
opinion of the board of directors of any school district, the cost of any
building, improvement, repair, or other public works project will equal or
exceed the sum of fifty thousand dollars, complete plans and specifications
for such work or purchases shall be prepared and notice by publication given in
at least one newspaper of general circulation within the district, once each
week for two consecutive weeks, of the intention to receive bids therefor and
that specifications and other information may be examined at the office of the
board or any other officially designated location: PROVIDED, That the board
without giving such notice may make improvements or repairs to the property of
the district through the shop and repair department of such district when the
total of such improvements or repair does not exceed the sum of ((seventy-five
hundred)) fifteen thousand dollars. The cost of any public work,
improvement or repair for the purposes of this section shall be the aggregate
of all amounts to be paid for labor, material, and equipment on one continuous
or interrelated project where work is to be performed simultaneously or in
close sequence. The bids shall be in writing and shall be opened and read in
public on the date and in the place named in the notice and after being opened
shall be filed for public inspection.
(2)
Every purchase of furniture, equipment or supplies, except books, the cost of
which is estimated to be in excess of ((seventy-five hundred)) fifteen
thousand dollars, shall be on a competitive basis. The board of directors
shall establish a procedure for securing telephone and/or written quotations
for such purchases. Whenever the estimated cost is ((from seventy-five
hundred)))) more than fifteen thousand dollars ((up to)) and
less than twenty thousand dollars, the procedure shall require quotations
from at least three different sources to be obtained in writing or by
telephone, and recorded for public perusal. Whenever the estimated cost is equal
to or in excess of twenty thousand dollars, the public bidding process
provided in subsection (1) of this section shall be followed.
(3)
Every building, improvement, repair or other public works project, the cost of
which is estimated to be in excess of ((seventy-five hundred)) fifteen
thousand dollars, shall be on a competitive bid process. All such projects
estimated to be less than ((twenty)) fifty thousand dollars may
be awarded to a contractor on the small works roster. The small works roster
shall be comprised of all responsible contractors who have requested to be on
the list. The board of directors shall establish a procedure for securing
telephone and/or written quotations from the contractors on the small works
roster to assure establishment of a competitive price and for awarding
contracts to the lowest responsible bidder. Such procedure shall require that
a good faith effort be made to request quotations from all contractors on the
small works roster who have indicated the capability of performing the kind of
public works being contracted. Immediately after an award is made, the bid
quotations obtained shall be recorded, open to public inspection, and available
by telephone inquiry. The small works roster shall be revised at least once
each year by publishing notice of such opportunity in at least one newspaper of
general circulation in the district. Responsible contractors shall be added to
the list at any time they submit a written request. Whenever the estimated
cost of a public works project is ((twenty)) fifty thousand
dollars or more, the public bidding process provided in subsection (1) of this
section shall be followed.
(4) The contract for the work or purchase shall be awarded to the lowest responsible bidder as defined in RCW 43.19.1911 but the board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call. On any work or purchase the board shall provide bidding information to any qualified bidder or the bidder's agent, requesting it in person.
(5) In the event of any emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the board declaring the existence of such an emergency and reciting the facts constituting the same, the board may waive the requirements of this section with reference to any purchase or contract: PROVIDED, That an "emergency", for the purposes of this section, means a condition likely to result in immediate physical injury to persons or to property of the school district in the absence of prompt remedial action.