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SUBSTITUTE HOUSE BILL 2813
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Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 02/04/94.
Revising provisions relating to
public works contracts with the state.
AN ACT Relating to
public contracts; amending RCW 39.04.020 and 39.04.150; and providing an
effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 39.04.020 and 1993 c
379 s 111 are each amended to read as follows:
Whenever the state or
any municipality shall determine that any public work is necessary to be done,
it shall cause plans, specifications, or both thereof and an estimate of the
cost of such work to be made and filed in the office of the director,
supervisor, commissioner, trustee, board, or agency having by law the authority
to require such work to be done. The plans, specifications, and estimates of
cost shall be approved by the director, supervisor, commissioner, trustee,
board, or agency and the original draft or a certified copy filed in such
office before further action is taken.
If the state or such
municipality shall determine that it is necessary or advisable that such work
shall be executed by any means or method other than by contract or by a small
works roster process, and it shall appear by such estimate that the probable
cost of executing such work will exceed the sum of ((fifteen)) twenty-five
thousand dollars ((or the amounts specified in RCW 28B.10.350 or 28B.10.355
for colleges and universities, or the amounts specified in RCW 28B.50.330 or
39.04.150 for community colleges and technical colleges)), then the state
or such municipality shall at least fifteen days before beginning work cause
such estimate, together with a description of the work, to be published at
least once in a legal newspaper of general circulation published in or as near
as possible to that part of the county in which such work is to be done((:
PROVIDED, That)). When any emergency shall require the immediate
execution of such public work, upon a finding of the existence of such
emergency by the authority having power to direct such public work to be done
and duly entered of record, publication of description and estimate may be made
within seven days after the commencement of the work.
Sec. 2. RCW 39.04.150 and 1993 c
379 s 112 are each amended to read as follows:
(1) As used in this
section, "agency" means the department of general administration, the
department of ((fisheries, the department of)) fish and wildlife,
the department of natural resources, and the state parks and recreation
commission.
(2) In addition to any
other power or authority that an agency may have, each agency, alone or in
concert, may establish a small works roster consisting of all qualified
contractors who have requested to be included on the roster.
(3) The small works
roster may make distinctions between contractors based on the geographic areas
served and the nature of the work the contractor is qualified to perform. At
least once every year, the agency shall advertise in a newspaper of general
circulation the existence of the small works roster and shall add to the roster
those contractors who request to be included on the roster.
(4) Construction,
repair, or alteration projects estimated to cost less than ((fifty)) one
hundred thousand dollars((, or less than one hundred thousand dollars
for projects managed by the department of general administration for community
colleges and technical colleges, as defined under chapter 28B.50 RCW,)) are
exempt from the requirement that the contracts be awarded after advertisement
and competitive bid as defined by RCW 39.04.010. In lieu of advertisement and
competitive bid, the agency shall solicit at least five quotations, confirmed
in writing, from contractors chosen ((by random number generated by computer))
from the ((contractors on the)) small works roster for the category of
job type involved and shall award the work to the party with the lowest
quotation or reject all quotations. If the agency ((is unable to solicit))
does not receive at least two responsive quotations ((from five
qualified contractors on the small works roster)) for a particular project,
then the project shall be advertised and competitively bid. The agency shall
solicit quotations ((randomly)) from contractors ((on)) selected
randomly from the small works roster in a manner which will equitably
distribute the opportunity for these contracts among contractors on the
roster((: PROVIDED, That whenever possible,)). The agency shall
invite at least one proposal each from a certified minority and
a certified women-owned contractor who shall otherwise qualify to perform
such work. Immediately after an award is made, the bid quotations obtained
shall be recorded, open to public inspection, and available by telephone
request. If the work is executed by competitive bid, the agency shall
invite at least one proposal each from a certified minority and a certified
women-owned contractor who shall otherwise qualify to perform such work.
(5) The breaking down
of any public work or improvement into units or accomplishing any public work
or improvement by phases for the purpose of avoiding the minimum dollar amount
for bidding is contrary to public policy and is prohibited.
(6) The director of
general administration shall adopt by rule a procedure to prequalify
contractors for inclusion on the small works roster. Each agency shall follow
the procedure adopted by the director of general administration. No agency
shall be required to make available for public inspection or copying under
chapter 42.17 RCW financial information required to be provided by the
prequalification procedure.
(7) An agency may adopt
by rule procedures to implement this section which shall not be inconsistent
with the procedures adopted by the director of the department of general
administration pursuant to subsection (6) of this section.
NEW
SECTION. Sec. 3. Section 2 of this act
shall take effect July 1, 1994.
