AN ACT
Relating to streamlining purchasing provisions for state agencies including
Washington state ferries; amending RCW 47.56.030 and 47.60.140; repealing RCW
47.60.651, 47.60.653, 47.60.655, 47.60.657, 47.60.659, and 47.60.661; and declaring
an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
"Sec.
1. RCW
47.56.030 and 1977 ex.s. c 151 s 66 are each amended to read as follows:
The
department of transportation shall have full charge of the construction of all
toll bridges and other toll facilities including the Washington state ferries,
and the operation and maintenance thereof. The transportation commission shall
determine and establish the tolls and charges thereon, and shall perform all
duties and exercise all powers relating to the financing, refinancing, and
fiscal management of all toll bridges and other toll facilities including the
Washington state ferries, and bonded indebtedness in the manner provided by
law. The department shall have full charge of design of all toll facilities.
The department shall proceed with the construction of such toll bridges and
other facilities and the approaches thereto by contract in the manner of state
highway construction immediately upon there being made available funds for such
work and shall prosecute such work to completion as rapidly as practicable.
The department is authorized to negotiate contracts for any amount without bid
in order to make repairs to ferries or ferry terminal facilities or removal of
such facilities whenever continued use of ferries or ferry terminal facilities
constitutes a real or immediate danger to the traveling public or precludes
prudent use of such ferries or facilities.
The department shall
proceed with the procurement of materials, supplies, services, and equipment
needed for the support, maintenance, and use of a ferry, ferry terminal, or
other facility operated by Washington state ferries, in accordance with chapter
43.19 RCW except as follows:
(1) When the secretary of
the department of transportation determines in writing that the use of
invitation for bid is either not practicable or not advantageous to the state
and it may be necessary to make competitive evaluations, including technical or
performance evaluations among acceptable proposals to complete the contract
award, a contract may be entered into by use of a competitive sealed proposals
method, and a formal request for proposals solicitation. Such formal request
for proposals solicitation shall include a functional description of the needs
and requirements of the state and the significant factors.
(2) When purchases are
made through a formal request for proposals solicitation the contract shall be
awarded to the responsible proposer whose competitive sealed proposal is
determined in writing to be the most advantageous to the state taking into
consideration price and other evaluation factors set forth in the request for
proposals. No significant factors may be used in evaluating a proposal that
are not specified in the request for proposals. Factors that may be considered
in evaluating proposals include but are not limited to: Price maintainability;
reliability; commonality; performance levels; life cycle cost if applicable
under this section; cost of transportation or delivery; delivery schedule
offered; installation cost; cost of spare parts; availability of parts and
service offered; and the following:
(a) The ability,
capacity, and skill of the proposer to perform the contract or provide the
service required;
(b) The character,
integrity, reputation, judgment, experience, and efficiency of the proposer;
(c) Whether the proposer
can perform the contract within the time specified;
(d) The quality of
performance of previous contracts or services;
(e) The previous and
existing compliance by the proposer with laws relating to the contract or
services;
(f) Objective, measurable
criteria defined in the request for proposal. These criteria may include but
are not limited to items such as discounts, delivery costs, maintenance
services costs, installation costs, and transportation costs; and
(g) Such other
information as may be secured having a bearing on the decision to award the
contract.
When purchases are made
through a request for proposal process, proposals received shall be evaluated
based on the evaluation factors set forth in the request for proposal. When a
life cycle cost analysis is used, the life cycle cost of a proposal shall be
given at least the same relative importance as the initial price element
specified in the request of proposal documents. The department may reject any
and all proposals received. If the proposals are not rejected, the award shall
be made to the proposer whose proposal is most advantageous to the department,
considering price and the other evaluation factors set forth in the request for
proposal.
(3) The legislative
transportation committee shall review the secretary's use of the request for
proposals solicitation for Washington state ferries projects to determine if
the process established under this act is appropriate. The results of the
review, including recommendations for modification of the request for proposal
process, shall be reported to the house of representatives and senate
transportation committees by January 1, 1997.
Sec.
2. RCW
47.60.140 and 1987 c 69 s 1 are each amended to read as follows:
(1)
The department is empowered to operate such ferry system, including all
operations, whether intrastate or international, upon any route or routes, and
toll bridges as a revenue-producing and self-liquidating undertaking. The
department has full charge of the construction, rehabilitation, rebuilding,
enlarging, improving, operation, and maintenance of the ferry system, including
toll bridges, approaches, and roadways incidental thereto that may be
authorized by the department, including the collection of tolls and other
charges for the services and facilities of the undertaking. The department has
the exclusive right to enter into leases and contracts for use and occupancy by
other parties of the concessions and space located on the ferries, wharves,
docks, approaches, and landings, but, except as provided in subsection (2) of
this section, no such leases or contracts may be entered into for more than ((five
years, nor without public advertisement for bids as may be prescribed by the
department. However, except as provided in subsection (2) of this section, the
Colman Dock facilities may be leased for a period not to exceed)) ten years,
nor without a competitive contract process, except as otherwise provided in
this section. The competitive process shall be either an invitation for bids
in accordance with the process established by chapter 43.19 RCW, or a request
for proposals in accordance with the process established by RCW 47.56.030.
(2) As
part of a joint development agreement under which a public or private developer
constructs or installs improvements on ferry system property, the
department may lease all or part of such property and improvements to
such developers for that period of time, not to exceed fifty-five years, or not
to exceed thirty years for those areas located within harbor areas, which the
department determines is necessary to allow the developer to make reasonable
recovery on its initial investment. Any lease entered into as provided for in
this subsection that involves state aquatic lands shall conform with the
Washington state Constitution and applicable statutory requirements as
determined by the department of natural resources. That portion of the lease
rate attributable to the state aquatic lands shall be distributed in the same
manner as other lease revenues derived from state aquatic lands as provided in
RCW 79.24.580.
NEW
SECTION. Sec. 3. The
following acts or parts of acts are each repealed:
(1) RCW
47.60.651 and 1987 c 183 s 1;
(2) RCW
47.60.653 and 1987 c 183 s 2;
(3) RCW
47.60.655 and 1987 c 183 s 3;
(4) RCW
47.60.657 and 1987 c 183 s 4;
(5) RCW
47.60.659 and 1987 c 183 s 5; and
(6) RCW
47.60.661 and 1987 c 183 s 6.
NEW SECTION. Sec. 4. This act
is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
