BILL REQ. #:  H-3489.2 

Read first time 01/18/2006.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to agency personal service contracts; and amending RCW 39.29.008.

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

Sec. 1   RCW 39.29.008 and 1993 c 433 s 6 are each amended to read as follows:
     Personal services may be procured only to resolve a particular agency problem or issue or to expedite a specific project that is temporary in nature. An agency may procure personal services only if:
     (1) It documents that:
     (((1))) (a) The service is critical to agency responsibilities or operations, or is mandated or authorized by the legislature;
     (((2))) (b) Sufficient staffing or expertise is not available within the agency to perform the service; ((and
     (3))) (c) Other qualified public resources are not available to perform the service; and
     (d) Procedures are in place to monitor, audit, and enforce the terms of the contract and the agency can report on the status and results of the contract upon request.
     (2)(a) An agency must establish a contract review committee to ensure compliance with the requirements under subsection (1) of this section and RCW 39.29.100 and 41.06.142 to assist in preparing the proposal or personal service contract. The committee must have representation from all staffing levels.
     (b) An agency must notify the contract review committee, exclusive bargaining unit representative, and the appropriate committees of the legislature about:
     (i) Who the contractors are;
     (ii) The work the contractors are doing;
     (iii) Where the work will be performed and whether any work will be done out-of-state or offshore;
     (iv) Any problems that may have occurred under prior contracts including, but not limited to, breach of contract, cost overruns, failure to perform in a timely manner, or failure to complete; and
     (v) Other contracts the contractors have, or had, with the agency or other agencies of state government.
     (c) An agency, through the contract review committee, shall establish and include in any proposal for purchase of personal services and subsequent contract written criteria regarding those terms of the contract for which a breach in performance requires the cancellation of the contract and the procurement of a new contract under subsection (1) of this section.