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HOUSE BILL 2750
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Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 01/21/94. Referred to Committee
on Energy & Utilities.
Changing provisions relating to
joint operating agencies.
AN ACT Relating to
joint operating agencies; and amending RCW 43.52.565.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 43.52.565 and 1987 c
376 s 2 are each amended to read as follows:
(1) An operating agency
may enter into contracts through competitive negotiation under subsection (2)
of this section for materials, equipment, supplies, or work to be performed
during commercial operation of a nuclear generating project and associated
facilities (a) to replace a defaulted contract or a contract terminated in
whole or in part, or (b) where consideration of factors in addition to price,
such as technical knowledge, experience, management, staff, or schedule, is
necessary to achieve economical operation of the project, provided that the
managing director or a designee determines in writing and the executive board
finds that execution of a contract under this section will accomplish project
completion or operation more economically than sealed bids.
(2) The selection of a
contractor shall be made in accordance with the following procedures:
(a) Proposals shall be
solicited through a request for proposals, which shall state the requirements
to be met. Responses shall describe the professional competence of the
offeror, the technical merits of the offer, and the price.
(b) The request for
proposals shall be given adequate public notice in the same manner as for
sealed bids.
(c) As provided in the
request for proposals, the operating agency shall specify at a preproposal
conference the contract requirements in the request for proposal, which may
include but are not limited to: Schedule, managerial, and staffing
requirements, productivity and production levels, technical expertise, approved
project quality assurance procedures, and time and place for submission of
proposals. Any inquiries and responses thereto shall be confirmed in writing
and shall be sent to all potential offerors.
(d) Proposals shall be
opened so as to avoid disclosure of contents to competing offerors during the
process of negotiation. A register of proposals shall be open for public
inspection after contract award.
(e) As provided in the
request for proposals, invitations shall be sent to all responsible offerors
who submit proposals to attend discussions for the purpose of clarification to
assure full understanding of, and responsiveness to, the solicitation
requirements. Any inquiries and responses thereto shall be confirmed in
writing and shall be sent to all offerors. Offerors shall be accorded fair and
equal treatment with respect to any opportunity for discussion and revision of
proposals, and such revisions may be permitted after submissions and prior to
award for the purpose of obtaining best and final offers. In conducting discussions,
there shall be no disclosure of any information derived from proposals
submitted by competing offerors.
(f) The operating
agency shall execute a contract with the responsible offeror whose proposal is
determined in writing to be the most advantageous to the operating agency and
the state taking into consideration the requirements set forth in the
request for proposals((: PROVIDED, That for any)). If a
proposed contract ((which)) exceeds ten million dollars, the operating
agency shall notify the committees on energy and utilities of the senate and
house of representatives at least thirty days prior to the date of contract
execution and shall provide a copy of the contract with the notification. The
contract file shall contain the basis on which the successful offeror is
selected. The operating agency shall conduct a briefing conference on the
selection if requested by an offeror.
(g) The contract may be
fixed price or cost-reimbursable, in whole or in part, but not
cost-plus-percentage-of-cost.
(h) The
operating agency shall retain authority and responsibility for inspection,
testing, and compliance with applicable regulations or standards of any state
or federal governmental agency.
