H-4696.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2902
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State of Washington 55th Legislature 1998 Regular Session
By House Committee on Children & Family Services (originally sponsored by Representatives Cooke, Ballasiotes, Carrell, McDonald, B. Thomas, Boldt, Mitchell and Lambert)
Read first time 01/29/98. Referred to Committee on .
AN ACT Relating to contracting with entities that provide services for the WorkFirst program that are normally provided by civil servants; amending RCW 74.08A.290 and 41.06.380; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 74.08A.290 and 1997 c 58 s 316 are each amended to read as follows:
(1)
It is the intent of the legislature that the department is authorized to engage
in competitive contracting using performance-based contracts to provide all
work activities ((authorized)) defined in this chapter ((58,
Laws of 1997, including the job search component authorized in section 312 of
this act)).
(2) The department may use competitive performance-based contracting to select which vendors will participate in the WorkFirst program. Performance-based contracts shall be awarded based on factors that include but are not limited to the criteria listed in RCW 74.08A.410, past performance of the contractor, demonstrated ability to perform the contract effectively, financial strength of the contractor, and merits of the proposal for services submitted by the contractor. Contracts shall be made without regard to whether the contractor is a public or private entity. For the purpose of implementing this chapter, the department may contract with private or public entities for services that are ordinarily provided by and capable of being provided by civil servants regardless of any rights, express or implied, created by the state civil service law, chapter 41.06 RCW.
(3) The department may contract for an evaluation of the competitive contracting practices and outcomes to be performed by an independent entity with expertise in government privatization and competitive strategies. The evaluation shall include quarterly progress reports to the fiscal committees of the legislature and to the governor, starting at the first quarter after the effective date of the first competitive contract and ending two years after the effective date of the first competitive contract.
(4) The department shall seek independent assistance in developing contracting strategies to implement this section. Assistance may include but is not limited to development of contract language, design of requests for proposal, developing full cost information on government services, evaluation of bids, and providing for equal competition between private and public entities.
Sec. 2. RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:
(1) Nothing contained in this chapter shall prohibit any department, as defined in RCW 41.06.020, from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract by such department prior to April 23, 1979: PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract.
(2) This chapter shall not be construed to prohibit the department of social and health services from carrying out the provisions of chapter 74.08A RCW.
NEW SECTION. Sec. 3. 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 takes effect immediately.
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