BILL REQ. #:  H-0492.2 

Read first time 01/25/2005.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to the openness and fairness of public works bidding; adding a new section to chapter 39.30 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature recognizes that fair and open competition is a basic tenet of public works procurement, that such competition reduces the appearance of and opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically, and that preservation of the integrity of the competitive bid system dictates that, the contract should be awarded to that responsible bidder submitting the lowest responsive bid unless good cause is shown.

NEW SECTION.  Sec. 2   A new section is added to chapter 39.30 RCW to read as follows:
     After bids for a public work, as defined in RCW 39.04.010, have been opened by the state or municipalities, as defined in RCW 39.04.010, and institutions of higher education as defined in RCW 28B.10.016, award must be made to that responsible bidder who submitted the lowest responsive bid, unless it is determined in writing specifying the reasons that there is good cause to reject all bids and cancel the invitation. The requirements of this section shall also apply to general contractor/construction managers' procurement of subcontract bid package work under RCW 39.10.061, except that both the public owner and the contractor/construction manager must determine in writing specifying the reasons that there is good cause to reject all bids and cancel the invitation.