S-3105.1 _______________________________________________
SENATE BILL 6283
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Senators Gardner, Swecker, T. Sheldon, Haugen and Rasmussen
Read first time 01/14/2002. Referred to Committee on State & Local Government.
AN ACT Relating to competitive bidding requirements for public hospital districts; and amending RCW 70.44.140.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.44.140 and 2000 c 138 s 213 are each amended to read as follows:
(1) All materials
purchased and work ordered, the estimated cost of which is in excess of ((five))
fifty thousand dollars, shall be by contract. Before awarding any such
contract, the commission shall publish a notice at least thirteen days before
the last date upon which bids will be received, inviting sealed proposals for
such work. The plans and specifications must at the time of the publication of
such notice be on file at the office of the public hospital district, subject
to public inspection: PROVIDED, HOWEVER, That the commission may at the same
time, and as part of the same notice, invite tenders for the work or materials
upon plans and specifications to be submitted by bidders. The notice shall
state generally the work to be done, and shall call for proposals for doing the
same, to be sealed and filed with the commission on or before the day and hour
named therein. Each bid shall be accompanied by bid proposal security in the
form of a certified check, cashier's check, postal money order, or surety bond
made payable to the order of the commission, for a sum not less than five
percent of the amount of the bid, and no bid shall be considered unless
accompanied by such bid proposal security. At the time and place named, such
bids shall be publicly opened and read, and the commission shall proceed to
canvass the bids, and may let such contract to the lowest responsible bidder
upon plans and specifications on file, or to the best bidder submitting his or
her own plans and specifications: PROVIDED, HOWEVER, That no contract shall be
let in excess of the estimated cost of the materials or work, or if, in the
opinion of the commission, all bids are unsatisfactory, they may reject all of
them and readvertise, and in such case all bid proposal security shall be
returned to the bidders. If the contract is let, then all bid proposal
security shall be returned to the bidders, except that of the successful
bidder, which is retained until a contract shall be entered into for the
purchase of such materials for doing such work, and a bond to perform such work
furnished, with sureties satisfactory to the commission, in an amount to be
fixed by the commission, not less than twenty-five percent of contract price in
any case, between the bidder and commission, in accordance with the bid. If
such bidder fails to enter into the contract in accordance with the bid and
furnish such bond within ten days from the date at which the bidder is notified
that he or she is the successful bidder, the bid proposal security and the
amount thereof shall be forfeited to the public hospital district. A low
bidder who claims error and fails to enter into a contract is prohibited from
bidding on the same project if a second or subsequent call for bids is made for
the project.
(2) As an alternative to the requirements of subsection (1) of this section, a public hospital district may let contracts using the small works roster process under RCW 39.04.155.
(3) Any purchases with an estimated cost of up to fifteen thousand dollars may be made using the process provided in RCW 39.04.190.
(4) The commission may waive the competitive bidding requirements of this section pursuant to RCW 39.04.280 if an exemption contained within that section applies to the purchase or public work.
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