H-3345.2  _______________________________________________

                          HOUSE BILL 2538

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Conway, Campbell, Romero, Hunt, O'Brien, Jackley, Wood, Chase, Ogden, Simpson and Kenney

Read first time 01/21/2002.  Referred to Committee on State Government.

Prohibiting substitution of subcontractors on larger public works contracts.

    AN ACT Relating to identification of subcontractors on public works contracts; amending RCW 39.30.060; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  This act is intended to discourage bid shopping and bid peddling on Washington state public building and works projects.

    Sec. 2.  RCW 39.30.060 and 1999 c 109 s 1 are each amended to read as follows:

    Every invitation to bid on a prime contract that is expected to cost one million dollars or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010 or an institution of higher education as defined under RCW 28B.10.016 shall require each prime contract bidder to submit as part of the bid, or within one hour after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of:  HVAC (heating, ventilation, and air conditioning((,))); plumbing as described in chapter 18.106 RCW((,)); and electrical as described in chapter 19.28 RCW, or to name itself for the work.  The prime contract bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate.  Failure of the prime contract bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void.  Substitution of a listed subcontractor in furtherance of bid shopping before or after the award of the prime contract is prohibited and the originally listed subcontractor is entitled to recover damages from the prime contract bidder and the substituted subcontractor but not from the public entity inviting the bid.  The requirement of this section to name the prime contract bidder's proposed ((heating, ventilation and air conditioning)) HVAC, plumbing, and electrical subcontractors applies only to proposed ((heating, ventilation and air conditioning)) HVAC, plumbing, and electrical subcontractors who will contract directly with the ((general contractor)) prime contract bidder submitting the bid to the public entity.

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