S-1687.1 _______________________________________________
SUBSTITUTE SENATE BILL 5047
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senate Committee on Government Operations (originally sponsored by Senators Haugen, Winsley and Pelz)
Read first time 03/01/95.
AN ACT Relating to state procurement practices; and amending RCW 43.19.1906.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.19.1906 and 1994 c 300 s 1 are each amended to read as follows:
Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed bid procedure shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by RCW 43.19.190 through 43.19.1939. This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 or under RCW 28B.10.029. However, formal sealed bidding is not necessary for:
(1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;
(2)
Purchases not exceeding ((thirty-five)) one hundred thousand
dollars, or subsequent limits as calculated by the office of financial
management: PROVIDED, That the state director of general administration shall
establish procedures to assure that purchases made by or on behalf of the
various state agencies shall not be made so as to avoid the ((thirty-five))
one hundred thousand dollar bid limitation, or subsequent bid
limitations as calculated by the office of financial management: PROVIDED
FURTHER, That the state purchasing and material control director is authorized
to reduce the formal sealed bid limits of ((thirty-five)) one hundred
thousand dollars, or subsequent limits as calculated by the office of financial
management, to a lower dollar amount for purchases by individual state agencies
if considered necessary to maintain full disclosure of competitive procurement
or otherwise to achieve overall state efficiency and economy in purchasing and
material control. Quotations from four hundred dollars to ((thirty-five))
one hundred thousand dollars, or subsequent limits as calculated by the
office of financial management, shall be secured from at least three vendors to
assure establishment of a competitive price and may be obtained by telephone or
written quotations, or both: PROVIDED, That quotations from thirty-five
thousand dollars to one hundred thousand dollars shall be secured from at least
five vendors to assure establishment of a competitive price and may be obtained
by telephone or written quotations, or both. The agency shall invite at
least one quotation each from a certified minority and a certified women-owned
vendor who shall otherwise qualify to perform such work. Immediately after the
award is made, the bid quotations obtained shall be recorded and open to public
inspection and shall be available by telephone inquiry. A record of
competition for all such purchases from four hundred dollars to ((thirty-five))
one hundred thousand dollars, or subsequent limits as calculated by the
office of financial management, shall be documented for audit purposes.
Purchases up to four hundred dollars may be made without competitive bids based
on buyer experience and knowledge of the market in achieving maximum quality at
minimum cost: PROVIDED, That this four hundred dollar direct buy limit without
competitive bids may be increased incrementally as required to a maximum of
eight hundred dollars with the approval of at least ten of the members of the
state supply management advisory board, if warranted by increases in purchasing
costs due to inflationary trends;
(3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;
(4) Purchases of insurance and bonds by the risk management office under RCW 43.19.1935;
(5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;
(6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations;
(7)
Purchases by institutions of higher education not exceeding ((thirty-five))
one hundred thousand dollars: PROVIDED, That for purchases between two
thousand five hundred dollars and ((thirty-five)) one hundred
thousand dollars quotations shall be secured from at least three vendors to
assure establishment of a competitive price and may be obtained by telephone or
written quotations, or both: PROVIDED, That quotations from thirty-five
thousand dollars to one hundred thousand dollars shall be secured from at least
five vendors to assure establishment of a competitive price and may be obtained
by telephone or written quotations, or both. For purchases between two
thousand five hundred dollars and ((thirty-five)) one hundred
thousand dollars, each institution of higher education shall invite at least
one quotation each from a certified minority and a certified women-owned vendor
who shall otherwise qualify to perform such work. A record of competition for
all such purchases made from two thousand five hundred to ((thirty-five))
one hundred thousand dollars shall be documented for audit purposes; and
(8) Beginning on July 1, 1995, and on July 1 of each succeeding odd-numbered year, the dollar limits specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.
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