S-3900.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6255

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senate Committee on Natural Resources, Parks & Shorelines (originally sponsored by Senators Jacobsen, Oke and Rasmussen; by request of Department of Natural Resources)

READ FIRST TIME 02/04/2002.

Determining a "highest responsible bidder" for valuable materials on state-owned lands.

    AN ACT Relating to the highest responsible bidder for sales of valuable materials from state-owned aquatic lands; and amending RCW 79.90.215.

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

    Sec. 1.  RCW 79.90.215 and 1990 c 163 s 2 are each amended to read as follows:

    (1) To determine the "highest responsible bidder" under RCW 79.90.210, the department of natural resources shall be entitled to consider, in addition to price, the following:

    (a) The financial and technical ability of the bidder to perform the contract;

    (b) Whether the bid contains material defects;

    (c) Whether the bidder has previously or is currently complying with terms and conditions of any other contracts with the state or relevant contracts with entities other than the state;

    (d) Whether the bidder was the "highest responsible bidder" for a sale within the previous five years but failed to complete the sale, such as by not entering into a resulting contract or by not paying the difference between the deposit and the total amount due.  However, sales that were bid prior to January 1, 2002, may not be considered for the purposes of this subsection (1)(d);

(e) Whether the bidder has been convicted of a crime relating to the public lands or natural resources of the state of Washington, the United States, or any other state, tribe, or country, where "conviction" shall include a guilty plea, or unvacated forfeiture of bail;

    (((e))) (f) Whether the bidder is owned, controlled, or managed by any person, partnership, or corporation that is not responsible under this statute; and

    (((f))) (g) Whether the subcontractors of the bidder, if any, are responsible under this statute.

    (2) Whenever the department has reason to believe that the apparent high bidder is not a responsible bidder, the department may award the sale to the next responsible bidder or the department may reject all bids pursuant to RCW 79.90.240.

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