S-1806.2 _______________________________________________
SUBSTITUTE SENATE BILL 5592
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senate Committee on Commerce & Labor (originally sponsored by Senators McDonald, Owen, Sellar and Roach).
Read first time March 5, 1991.
AN ACT Relating to purchasing services by contract; amending RCW 28B.16.040; adding a new section to chapter 43.19 RCW; adding a new section to chapter 28B.16 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28B.16.040 and 1990 c 60 s 201 are each amended to read as follows:
(1) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:
(((1)))
(a) Members of the governing board of each institution and related
boards, all presidents, vice presidents and their confidential secretaries,
administrative and personal assistants; deans, directors, and chairmen;
academic personnel; and executive heads of major administrative or academic
divisions employed by institutions of higher education; and any employee of a
community college district whose place of work is one which is physically
located outside the state of Washington and who is employed pursuant to RCW
28B.50.092 and assigned to an educational program operating outside of the state
of Washington.
(((2)))
(b) Student, part time, or temporary employees, and part time
professional consultants, as defined by the higher education personnel board,
employed by institutions of higher education and related boards.
(((3)))
(c) The director, his or her confidential secretary, assistant
directors, and professional education employees of the state board for
community college education.
(((4)))
(d) The personnel director of the higher education personnel board and
his or her confidential secretary.
(((5)))
(e) The governing board of each institution, and related boards, may
also exempt from this chapter, subject to the employees right of appeal to the
higher education personnel board, classifications involving research
activities, counseling of students, extension or continuing education
activities, graphic arts or publications activities requiring prescribed
academic preparation or special training, and principal assistants to executive
heads of major administrative or academic divisions, as determined by the
higher education personnel board: PROVIDED, That no nonacademic employee employed
directly by the institution of higher education or related boards engaged
in office, clerical, maintenance, or food and trade services may be exempted by
the higher education personnel board under this provision.
(f) Persons employed by an individual or business entity, or any individual that has contracted with an institution for higher education or related board for delivery of services.
(2) Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
NEW SECTION. Sec. 2. In addition to the purchasing authorized under RCW 28B.16.240, an institution of higher education, as defined under RCW 28B.10.016, or related board, may purchase the following services by contract with individuals or business entities: Printing janitorial, including window washing, laundry, building and maintenance, telecommunications, security, groundskeeping, microfilming, computing, and food service.
NEW SECTION. Sec. 3. In addition to the purchasing authorized under RCW 41.06.380, a department, as defined under RCW 41.06.020, may purchase the following services by contract with individuals or business entities: Printing, janitorial, including window washing, laundry, building and maintenance, telecommunications, security, groundskeeping, microfilming, computing, and food service.
NEW SECTION. Sec. 4. A new section is added to chapter 43.19 RCW to read as follows:
The department of general administration shall adopt rules regulating the purchase of services by state departments under section 3 of this act. The rules may include provisions to:
(1) Establish contracts for a length of time long enough to attract prospective contractors, but short enough to maintain a competitive environment;
(2) Require sufficient specificity in the contract to ensure quality service delivery;
(3) Require a performance bond or some other demonstration of financial security from the contractor and include penalty provisions for not meeting contract specifications;
(4) Monitor contracts to ensure service quality and build monitoring costs into the evaluation of the cost-effectiveness of contracting; and
(5) Bid contracts far enough in advance to allow for a smooth transition between the state and private contractors and to avoid unreasonable dislocation of classified employees.
NEW SECTION. Sec. 5. A new section is added to chapter 28B.16 RCW to read as follows:
An institution of higher education, in preparing bid specifications to contract for services under section 2 of this act, shall consider:
(1) Establishing contracts for a length of time long enough to attract prospective contractors, but short enough to maintain a competitive environment;
(2) Requiring sufficient specificity in the contract to ensure quality service delivery;
(3) Requiring a performance bond or some other demonstration of financial security from the contractor and include penalty provisions for not meeting contract specifications;
(4) Monitoring contracts to ensure service quality and build monitoring costs into the evaluation of the cost-effectiveness of contracting; and
(5) Bidding contracts far enough in advance to allow for a smooth transition between the state and private contractors and to avoid unreasonable dislocation of classified employees.
NEW SECTION. Sec. 6. The department of general administration is directed to study the impact of this act, and submit a report to the Washington state senate and house of representatives by January 1994. The report shall include a comparison of the use of contracting with private entities to provide public services versus the traditional practice of public employees providing public services. The report shall also analyze the potential for expanding the practice of contracting with private entities to provide public services.