Washington State

House of Representatives

Office of Program Research

BILL

 ANALYSIS

Technology, Telecommunications & Energy Committee

 

 

HB 2866

Brief Description: Authorizing the construction and operation of renewable energy projects by joint operating agencies.

 

Sponsors: Representatives Crouse, Sullivan and Wood.


Brief Summary of Bill

    Authorizes use of a competitive negotiation process by joint operating agencies for siting, construction, and operation of renewable electrical energy projects.


Hearing Date: 1/30/04


Staff: Pam Madson (786-7166).


Background:


Joint operating agencies (JOAs) are formed by cities and public utility districts that join together to develop electricity generation projects. The only JOA that is currently operating is Energy Northwest. It operates and maintains the state's only nuclear powered electrical generation facility. Energy Northwest has 18 members (three cities and 15 public utility districts). Energy Northwest has recently developed two wind power generation sites, a solar power demonstration site, and is exploring generation using biomass, fuel cells, and ocean wave power.


JOAs must use a sealed bid process to purchase materials, equipment and supplies costing over $5,000 or to order work for the construction of generating facilities and associated facilities costing over $10,000.


A JOA may use a competitive negotiation process for contracts to acquire materials, equipment and supplies or for work performed during the commercial operation of a nuclear generating project. This process may be used where an existing contract is in default or is terminated or if the managing director and the executive board of the JOA finds that the project will be completed or will operate more economically than using the sealed bid process.


The negotiated bid process for selecting a contractor includes several steps. A request for proposal is issued by the JOA along with public notice similar to that of the sealed bid process.


A pre-bid conference is held to discuss and clarify the contract requirements in the request for proposal. Any inquires from potential offerors and the responses from the JOA are given to all potential offerors. The contract requirements may be refined during this process.


Once offerors submit proposals, further discussion and clarification takes place with each offeror. Proposals may be revised in order to obtain the best and final offers. Proposals must be opened and discussed in a manner that protects their disclosure to competing offerors during the negotiation process.


The JOA selects the offeror's proposal that is most advantageous to the JOA. The basis of the final selection must be part of the contract file. After a contract is awarded, a register of proposals is available for public inspection. Any offeror may request a briefing conference on the selection.


The contract may be a fixed price or cost-reimbursable but not a cost plus percentage of cost.


Summary of Bill:


A JOA is authorized to use a competitive negotiation process to acquire materials, equipment and supplies, or for work performed, for the siting, construction or deploying of a renewable electrical energy generation project. A competitive negotiation process may be used if the managing director and the executive board of the operating agency find that the project operation or completion will be more economical than using the sealed bid process.


A renewable electrical generation project is a generation facility fueled by wind, solar energy, geothermal energy, landfill gas, wave or tidal action, gas produced by wastewater treatment, qualified hydropower, or biomass energy.


Procedures for selecting a contractor are substantially similar to those for selecting a contractor to operate a nuclear powered electrical generating facility.


A request for proposal is issued by the JOA along with public notice similar to that of the sealed bid process.


A pre-bid conference is held to discuss and clarify the contract requirements in the request for proposal. Any inquires from potential offerors and the responses from the JOA are given to all potential offerors. The contract requirements may be refined during this process.


Once offerors submit proposals, further discussion and clarification takes place with each offeror. Proposals may be revised in order to obtain the best and final offers. Proposals must be opened and discussed in a manner that protects disclosure to competing offerors during the negotiation process.


The JOA selects the offeror's proposal that is most advantageous to the JOA. The basis of the final selection must be part of the contract file. After a contract is awarded, a register of proposals is available for public inspection. Any offeror may request a briefing conference on the selection.


The contract may be a fixed price or cost-reimbursable but not a cost plus percentage of cost.


Appropriation: None.


Fiscal Note: Not requested.


Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.