HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No. HB 2077

Uniform exemptions/competitive bidding/municipalities     Public Hrg: 3/4/97

Brief Title

Reps. D Schmidt/Scott/D. Sommers                          Staff Contact: Bill Lynch

Sponsor                                         Comm. on Govt. Admin.

                                           Phone: 786-7092

BACKGROUND:

The statutory exemptions from competitive bidding differ between various units of local governments for both public works and purchases.   Public hospital districts, for example,  have no exemptions from competitive bidding.  There is no uniform definition of what constitutes an Aemergency@ for those units of local government whose governing statutes provide an exemption from competitive bidding for emergencies.

SUMMARY:

Uniform exemptions from competitive bidding are established for cities and towns, counties, fire districts, port districts, public utility districts, water-sewer districts, and public hospital districts.

Competitive bidding requirements may be waived by resolution of the municipality=s governing body for purchases from sole source suppliers, purchases involving special facilities or market conditions, purchases in the event of an emergency, purchases of insurance or bonds, and public works in the event of an emergency.

The governing body of the municipality must adopt the resolution waiving the competitive bidding procedures prior to the final award of the contract unless an emergency exists.  The resolution must state the factual basis for the exception, and any economic or health-related justifications for the waiver.

If an emergency exists, the person or persons designated by the municipality to act in an emergency may declare that an emergency exists, waive the competitive bidding requirements, and award all necessary contracts to address the emergency.  The governing body must adopt a resolution reciting the factual basis for the emergency at either a regular or special meeting no later than 2 weeks after the award of the contract.

                                                         Cont.

HB 2077 - Page 2

An Aemergency@ is defined as unforseen circumstances beyond the control of the municipality that either: (a) present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.