AN ACT Relating to
maintenance and preservation of ferries; and amending RCW 47.56.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 47.56.030 and 1995
1st sp.s. c 4 s 1 are each amended to read as follows:
(1) The department
of transportation shall have full charge of the construction of all toll
bridges and other toll facilities including the Washington state ferries, and
the operation and maintenance thereof. The transportation commission shall
determine and establish the tolls and charges thereon, and shall perform all
duties and exercise all powers relating to the financing, refinancing, and
fiscal management of all toll bridges and other toll facilities including the
Washington state ferries, and bonded indebtedness in the manner provided by
law. The department shall have full charge of design of all toll facilities. Except
as provided in this section, the department shall proceed with the
construction of such toll bridges and other facilities and the approaches thereto
by contract in the manner of state highway construction immediately upon there
being made available funds for such work and shall prosecute such work to
completion as rapidly as practicable. The department is authorized to
negotiate contracts for any amount without bid under (a) and (b) of this
subsection:
(a) Emergency
contracts, in order to make repairs to ferries or ferry terminal facilities
or removal of such facilities whenever continued use of ferries or ferry
terminal facilities constitutes a real or immediate danger to the traveling
public or precludes prudent use of such ferries or facilities; and
(b) Single source
contracts for vessel dry dockings, when there is clearly and legitimately only
one available bidder to conduct dry dock-related work for a specific class or
classes of vessels. The contracts may be entered into for a single vessel dry
docking or for multiple vessel dry dockings for a period not to exceed two
years.
(2) The
department shall proceed with the procurement of materials, supplies, services,
and equipment needed for the support, maintenance, and use of a ferry, ferry
terminal, or other facility operated by Washington state ferries, in accordance
with chapter 43.19 RCW except as follows:
(((1))) (a)
Except as provided in (d) of this subsection, when the secretary of the
department of transportation determines in writing that the use of invitation
for bid is either not practicable or not advantageous to the state and it may
be necessary to make competitive evaluations, including technical or
performance evaluations among acceptable proposals to complete the contract
award, a contract may be entered into by use of a competitive sealed proposals
method, and a formal request for proposals solicitation. Such formal request for
proposals solicitation shall include a functional description of the needs and
requirements of the state and the significant factors.
(((2))) (b)
When purchases are made through a formal request for proposals solicitation the
contract shall be awarded to the responsible proposer whose competitive sealed
proposal is determined in writing to be the most advantageous to the state
taking into consideration price and other evaluation factors set forth in the
request for proposals. No significant factors may be used in evaluating a
proposal that are not specified in the request for proposals. Factors that may
be considered in evaluating proposals include but are not limited to: Price;
maintainability; reliability; commonality; performance levels; life cycle cost
if applicable under this section; cost of transportation or delivery; delivery
schedule offered; installation cost; cost of spare parts; availability of parts
and service offered; and the following:
(((a))) (i)
The ability, capacity, and skill of the proposer to perform the contract or
provide the service required;
(((b))) (ii)
The character, integrity, reputation, judgment, experience, and efficiency of
the proposer;
(((c))) (iii)
Whether the proposer can perform the contract within the time specified;
(((d))) (iv)
The quality of performance of previous contracts or services;
(((e))) (v)
The previous and existing compliance by the proposer with laws relating to the
contract or services;
(((f))) (vi)
Objective, measurable criteria defined in the request for proposal. These
criteria may include but are not limited to items such as discounts, delivery
costs, maintenance services costs, installation costs, and transportation
costs; and
(((g))) (vii)
Such other information as may be secured having a bearing on the decision to
award the contract.
(c) When
purchases are made through a request for proposal process, proposals received
shall be evaluated based on the evaluation factors set forth in the request for
proposal. When issuing a request for proposal for the procurement of
propulsion equipment or systems that include an engine, the request for
proposal must specify the use of a life cycle cost analysis that includes an
evaluation of fuel efficiency. When a life cycle cost analysis is used,
the life cycle cost of a proposal shall be given at least the same relative
importance as the initial price element specified in the request of proposal
documents. The department may reject any and all proposals received. If the
proposals are not rejected, the award shall be made to the proposer whose
proposal is most advantageous to the department, considering price and the
other evaluation factors set forth in the request for proposal.
(((3) The
legislative transportation committee shall review the secretary's use of the
request for proposals solicitation for Washington state ferries projects to
determine if the process established under chapter 4, Laws of 1995 1st sp.
sess. is appropriate. The results of the review, including recommendations for
modification of the request for proposal process, shall be reported to the
house of representatives and senate transportation committees by January 1,
1997.))
(d) If
the department is procuring large equipment or systems (e.g., electrical,
propulsion) needed for the support, maintenance, and use of a ferry operated by
Washington state ferries, the department shall proceed with a formal request
for proposal solicitation under this subsection (2) without a determination of
necessity by the secretary.
