S-4930.1 _______________________________________________
SECOND SUBSTITUTE SENATE BILL 5405
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senate Committee on Education (originally sponsored by Senators Pelz, Oke, McAuliffe and Winsley)
Read first time 02/04/94.
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
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
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 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 dollars up to 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 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 dollars, shall be on a
competitive bid process. All such projects estimated to be less than twenty
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
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))) When a school district board of directors
authorizes the construction of any public works project or improvement or the
purchase of furniture, equipment, or supplies, except books, the board shall
follow the requirements of RCW 35.23.352.
(2) 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.
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