2597-S AMH BLIN 115

SHB 2597 - H AMD

By Representative ___

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1.  The purpose of this chapter is to allow all state or local governmental entities that award contracts for publicly funded projects estimated to cost more than two hundred thousand dollars to select contractors by the lowest responsible bidder method.  This chapter does not supersede the requirements of chapter 39.10 RCW.

NEW SECTION. Sec. 2.  A state or local entity that awards contracts for publicly funded projects must determine whether the lowest responsive bidder is responsible using the criteria in section 3 of this act.

NEW SECTION. Sec. 3.  In determining whether the lowest responsive bidder is responsible, the governmental entity awarding the contract may only consider the following elements:

     (1) The capacity of the bidder to perform the contract or provide the service required;

     (2) Whether the bidder has demonstrated the ability to perform within the time specified by the contract;

     (3) The satisfactory completion of previous contracts or services by the bidder; and

     (4) The previous and current compliance by the bidder with contracting laws.

NEW SECTION. Sec. 4.  Governmental entities shall use, in substantial form, a questionnaire created by the Washington state department of general administration to determine compliance with section 3 of this act.  Modifications to the form may be utilized after notice has been given by the governmental entity, prior to requesting bids on a project for which the questionnaire will be used.

NEW SECTION. Sec. 5.  The apparent low bidder must submit the questionnaire required by section 4 of this act within three business days of the bid openning.  Failure to submit the information within the time provided will render the bid nonresponsible and the bidder shall forfeit any bid deposit submitted to the contracting agency in support of the bid.  If the information that is provided is false on a material point, then the bid will be deemed nonresponsible.

     Immediately after an award is made, the bids received shall be open to public inspection.

     The governmental entity must make an affirmative determination that the lowest responsive bidder is not responsible.

NEW SECTION. Sec. 6.  If the governmental entity deems an apparent low bidder to be not responsible, it shall notify the bidder in writing with specificity as to the reasons why the bidder was deemed not responsible.  Within three business days of receipt of such notification, the bidder may withdraw its bid or it may present additional information that the bidder believes proves its responsibility.  Within three business days of a bidder's submission of additional information, the governmental entity shall reconsider the bid and make a second determination of responsibility, which shall be final.

NEW SECTION. Sec. 7.  Sections 1 through 6 of this act constitute a new chapter in Title 39 RCW."

EFFECT: Restricts the application of the bill to those public works contracts estimated to cost over $200,000.  When determining whether the lowest responsive bidder is responsible, the governmental entity awarding the contract may only consider the capacity of the bidder to perform the contract or provide the service required, whether the bidder has demonstrated the ability to perform within the time specified by the contract, the satisfactory completion of previous contracts or services by the bidder, and the bidder's previous and current compliance with contracting laws.  The apparent low bidder must submit answers to a questionnaire to prove responsibility, and failure to submit the questionnaire will result in forfeiture of any bid deposit submitted to the contracting agency.  The governmental entity must make an affirmative determination that the lowest responsive bidder is not responsible.  The provision allowing the apparent low bidder to submit information from interested parties in an attempt to prove responsibility is removed.