S-4908.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6295

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Senate Committee on Ecology & Parks (originally sponsored by Senators Sheldon, Morton, Drew and Fraser)

Read first time 02/04/94.

Establishing a weighting factor to be used in purchasing products containing recycled material.

    AN ACT Relating to procurement of products containing recycled material; and amending RCW 43.19.538.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 43.19.538 and 1991 c 297 s 5 are each amended to read as follows:

    (1) The director of general administration, through the state purchasing director, shall develop specifications and adopt rules for the purchase of products which will provide for preferential purchase of products containing recycled material by:

    (a) The use of a weighting factor determined by the amount of recycled material in a product, which shall provide for minimum preference equal to ten percent of the total bid amount; and

(b) The use of a weighting factor based upon the savings in disposal costs realized through resource recovery and recycling of solid waste, except for paper products, that is generated in the state of Washington.  This weighting factor is in addition to the weighting factor established under (a) of this subsection.  The department shall consult with the department of ecology and other state agencies and institutions of higher education, as appropriate, to develop a method for quantifying the cost savings.  Bidders seeking eligibility for application of the weighting factor in this subsection (1)(b) shall certify what percentage of the materials in the recycled content product were obtained from within the state.

The weighting factors shall be used, where appropriate and known in advance to potential bidders, to determine the lowest responsible bidder.  The actual dollars bid shall be the contracted amount.  If the department determines, according to criteria established by rule that the use of ((this)) weighting factors in this section does not encourage the use of more recycled material, the department shall consider and award bids without regard to the weighting factors.  In making this determination, the department shall consider but not be limited to such factors as adequate competition, economics or environmental constraints, quality, and availability.

    (((b))) (c) Requiring a written statement of the percentage range of recycled content from the bidder providing products containing recycled (([material])) material.  The range may be stated in five percent increments.

    (2) The director shall develop a directory of businesses that supply products containing significant quantities of recycled materials.  This directory may be combined with and made accessible through the data base of recycled content products to be developed under RCW 43.19A.060.

    (3) The director shall encourage all parties using the state purchasing office to purchase products containing recycled materials.

    (4) The rules, specifications, and bid evaluation shall be consistent with recycled content standards adopted under RCW 43.19A.020.

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