BILL REQ. #: S-0373.1
State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/27/2005. Referred to Committee on Early Learning, K-12 & Higher Education.
AN ACT Relating to school district bidding requirements; and amending RCW 28A.335.190 and 28A.525.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28A.335.190 and 2000 c 138 s 201 are each amended to
read as follows:
(1) When, in the opinion of the board of directors of any school
district, the cost of any furniture, supplies, equipment, building,
improvements, or repairs, or other work or purchases, except books,
will equal or exceed the sum of fifty thousand dollars, complete plans
and specifications for such work or purchases shall be prepared and
notice by publication given in at least one newspaper of general
circulation within the district, once each week for two consecutive
weeks, of the intention to receive bids ((therefor)) and that
specifications and other information may be examined at the office of
the board or any other officially designated location: PROVIDED, That
the board without giving such notice may make improvements or repairs
to the property of the district through the shop and repair department
of such district when the total of such improvements or repair does not
exceed the sum of (a) ((fifteen)) seventy-five thousand dollars for the
period July 1, 2005, through June 30, 2007, and as subsequently
provided by rule in accordance with RCW 28A.525.020, for districts with
((fifteen)) twenty-five thousand ((five hundred)) or more full-time
equivalent students; ((or)) (b) fifty thousand dollars for the period
July 1, 2005, through June 30, 2007, and as subsequently provided by
rule in accordance with RCW 28A.525.020, for districts with fewer than
twenty-five thousand and more than fifteen thousand five hundred full-time equivalent students; or (c) for districts with fewer than fifteen
thousand five hundred full-time equivalent students, ((fifteen))
twenty-five thousand dollars ((if more than one craft or trade is
involved with the school district improvement or repair, or ten
thousand dollars if a single craft or trade is involved with the school
district improvement or repair)) for the period July 1, 2005, through
June 30, 2007, and as subsequently provided by rule in accordance with
RCW 28A.525.020. The cost of any public work, improvement or repair
for the purposes of this section shall be the aggregate of all amounts
to be paid for labor, material, and equipment on one continuous or
interrelated project where work is to be performed simultaneously or in
close sequence. The bids shall be in writing and shall be opened and
read in public on the date and in the place named in the notice and
after being opened shall be filed for public inspection.
(2) Every purchase of furniture, equipment or supplies, except
books, the cost of which is estimated to be in excess of fifteen
thousand dollars, shall be on a competitive basis. The board of
directors shall establish a procedure for securing telephone and/or
written quotations for such purchases. Whenever the estimated cost is
from fifteen thousand dollars up to fifty thousand dollars, the
procedure shall require quotations from at least three different
sources to be obtained in writing or by telephone, and recorded for
public perusal. Whenever the estimated cost is in excess of fifty
thousand dollars, the public bidding process provided in subsection (1)
of this section shall be followed.
(3) Every building, improvement, repair or other public works
project, the cost of which is estimated to be in excess of (a)
((fifteen)) seventy-five thousand dollars for the period July 1, 2005,
through June 30, 2007, and as subsequently provided by rule in
accordance with RCW 28A.525.020, for districts with ((fifteen)) twenty-five thousand ((five hundred)) or more full-time equivalent students;
((or)) (b) fifty thousand dollars for the period July 1, 2005, through
June 30, 2007, and as subsequently provided by rule in accordance with
RCW 28A.525.020, for districts with fewer than twenty-five thousand and
more than fifteen thousand five hundred full-time equivalent students;
or (c) for districts with fewer than fifteen thousand five hundred
full-time equivalent students, ((fifteen)) twenty-five thousand dollars
((if more than one craft or trade is involved with the school district
improvement or repair, or ten thousand dollars if a single craft or
trade is involved with the school district improvement or repair)) for
the period July 1, 2005, through June 30, 2007, and as subsequently
provided by rule in accordance with RCW 28A.525.020, shall be on a
competitive bid process. Whenever the estimated cost of a public works
project is ((fifty)) one hundred thousand dollars or more for the
period July 1, 2005, through June 30, 2007, and as subsequently
provided by rule in accordance with RCW 28A.525.020, the public bidding
process provided in subsection (1) of this section shall be followed
unless the contract is let using the small works roster process in RCW
39.04.155 or under any other procedure authorized for school districts.
One or more school districts may authorize an educational service
district to establish and operate a small works roster for the school
district under the provisions of RCW 39.04.155.
(4) The contract for the work or purchase shall be awarded to the
lowest responsible bidder as defined in RCW 43.19.1911 but the board
may by resolution reject any and all bids and make further calls for
bids in the same manner as the original call. On any work or purchase
the board shall provide bidding information to any qualified bidder or
the bidder's agent, requesting it in person.
(5) In the event of any emergency when the public interest or
property of the district would suffer material injury or damage by
delay, upon resolution of the board declaring the existence of such an
emergency and reciting the facts constituting the same, the board may
waive the requirements of this section with reference to any purchase
or contract: PROVIDED, That an "emergency", for the purposes of this
section, means a condition likely to result in immediate physical
injury to persons or to property of the school district in the absence
of prompt remedial action.
(6) This section does not apply to the direct purchase of school
buses by school districts and educational services in accordance with
RCW 28A.160.195.
Sec. 2 RCW 28A.525.020 and 1969 ex.s. c 223 s 28A.47.060 are each
amended to read as follows:
The state board of education shall have the power and it shall be
its duty to:
(1) ((to)) Prescribe rules ((and regulations)) governing the
administration, control, terms, conditions, and disbursements of
allotments to school districts to assist them in providing school plant
facilities;
(2) ((to)) Approve allotments to districts that apply for state
assistance whenever the board deems such action advisable and in so
doing to give due consideration to the findings, reports, and
recommendations of the superintendent of public instruction pertaining
thereto;
(3) ((to)) Authorize the payment of approved allotments by warrant
of the state treasurer; ((and))
(4) In the event that the amount of state assistance applied for
exceeds the funds available for such assistance during any biennium,
((to)) make allotments on the basis of the urgency of need for school
facilities in the districts that apply for assistance and/or to prorate
allotments among such districts in conformity with procedures and
((regulations)) rules applicable thereto which shall be established by
the state board; and
(5) Effective July 1st of each odd-numbered year, adjust the dollar
amounts in RCW 28A.335.190 for inflation as defined in RCW
28A.400.205(2) rounded to the nearest ten dollars.