S-0881.1 _______________________________________________
SENATE BILL 5388
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State of Washington 53rd Legislature 1993 Regular Session
By Senators Jesernig, Prentice, McDonald, Prince, Fraser, Moyer, Deccio, Erwin, Sheldon, Oke and Winsley
Read first time 01/26/93. Referred to Committee on Health & Human Services.
AN ACT Relating to sheltered workshops and programs; and amending RCW 43.19.530, 43.19.1908, and 43.19.1911.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.19.530 and 1977 ex.s. c 10 s 2 are each amended to read as follows:
(1) The state agencies and departments
are ((hereby)) authorized to purchase products ((and/or)) and
services manufactured or provided by sheltered workshops and programs of the
department of social and health services. Such purchases shall be at the fair
market price of such products and services as determined by the division of
purchasing of the department of general administration. To determine the fair
market price the division shall use the last comparable bid on the products
and/or services or in the alternative the last price paid for the products
and/or services. The increased cost of labor, materials, and other documented
costs since the last comparable bid or the last price paid are additional cost
factors which shall be considered in determining fair market price. Upon the
establishment of the fair market price as provided for in this section the
division is hereby empowered to negotiate directly with sheltered workshops or
officials in charge of the programs of the department of social and health
services for the purchase of the products or services.
(2) Sheltered workshops may engage in the competitive bid procedure under this chapter.
Sec. 2. RCW 43.19.1908 and 1965 c 8 s 43.19.1908 are each amended to read as follows:
Competitive bidding required by RCW 43.19.190 through 43.19.1939 shall be solicited by public notice, and through the sending of notices by mail to (1) bidders on the appropriate list of bidders who shall have qualified by application to the division of purchasing and (2) sheltered workshops under RCW 43.19.530. Bids may be solicited by the purchasing division from any source thought to be of advantage to the state. All bids shall be in writing and conform to rules of the division of purchasing.
Sec. 3. RCW 43.19.1911 and 1989 c 431 s 60 are each amended to read as follows:
(1) When purchases are made through
competitive bidding, the contract shall be let to the lowest responsible
bidder, subject to any preferences provided by law to Washington products and
vendors and to RCW 43.19.704, taking into consideration the quality of the
articles proposed to be supplied, their conformity with specifications, the
purposes for which required, and the times of delivery((: PROVIDED, That)).
Bids of sheltered workshops shall be granted a preference over other bidders.
The preference for sheltered workshops shall be equal to ten percent of the
total bid amount. Whenever there is reason to believe that the lowest
acceptable bid is not the best price obtainable, all bids may be rejected and
the division of purchasing may call for new bids or enter into direct
negotiations to achieve the best possible price. Each bid with the name of the
bidder shall be entered of record and each record, with the successful bid
indicated, shall, after letting of the contract, be open to public inspection.
In determining "lowest responsible bidder", in addition to price, the
following elements shall be given consideration:
(((1))) (a) The ability,
capacity, and skill of the bidder to perform the contract or provide the
service required;
(((2))) (b) The character,
integrity, reputation, judgment, experience, and efficiency of the bidder;
(((3))) (c) Whether the bidder
can perform the contract within the time specified;
(((4))) (d) The quality of
performance of previous contracts or services;
(((5))) (e) The previous and
existing compliance by the bidder with laws relating to the contract or
services;
(((6))) (f) Such other
information as may be secured having a bearing on the decision to award the
contract: PROVIDED, That in considering bids for purchase, manufacture, or
lease, and in determining the "lowest responsible bidder," whenever
there is reason to believe that applying the "life cycle costing"
technique to bid evaluation would result in lowest total cost to the state,
first consideration shall be given by state purchasing activities to the bid
with the lowest life cycle cost which complies with specifications. "Life
cycle cost" means the total cost of an item to the state over its
estimated useful life, including costs of selection, acquisition, operation,
maintenance, and where applicable, disposal, as far as these costs can
reasonably be determined, minus the salvage value at the end of its estimated
useful life. The "estimated useful life" of an item means the
estimated time from the date of acquisition to the date of replacement or
disposal, determined in any reasonable manner.
(2) Nothing in this section shall prohibit any state agency, department, board, commission, committee, or other state-level entity from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.
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