BILL REQ. #:  S-4177.2 

Read first time 01/13/2006.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to modifying the bid cancellation process for public contracts; adding a new section to chapter 39.29 RCW; and adding a new section to chapter 43.105 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 39.29 RCW to read as follows:
     (1) Any agency or institution of state government procuring personal services using a competitive solicitation process cannot reject all solicitations after opening unless there is a compelling reason.
     (2) Every effort shall be made to anticipate changes in a requirement before the date of opening and to provide reasonable notice to all prospective bidders of any resulting modification or cancellation. If, in the opinion of the director or agency head, it is not possible to provide reasonable notice, the published date for receipt of bids may be postponed and all known bidders notified. This will permit bidders to change their bids and prevent unnecessary exposure of bid prices. In addition, every effort shall be made to include realistic, achievable requirements in a solicitation.
     (3) After the opening of bids, a solicitation may not be canceled and resolicited solely because of an increase in requirements for the items being acquired. Award may be made on the initial solicitation and an increase in requirements may be treated as a new acquisition.
     (4) A solicitation may be canceled and all bids rejected before award but after bid opening only when, consistent with subsection (1) of this section, the agency determines in writing that:
     (a) Unavailable, inadequate, ambiguous specifications, terms, conditions, or requirements were cited in the solicitation;
     (b) Specifications, terms, conditions, or requirements have been revised;
     (c) The services being contracted for are no longer required;
     (d) The solicitation did not provide for consideration of all factors of cost to the agency;
     (e) Bids received indicate that the needs of the agency can be satisfied by a less expensive article differing from that for which the bids were invited;
     (f) All otherwise acceptable bids received are at unreasonable prices or only one bid is received and the agency cannot determine the reasonableness of the bid price;
     (g) No responsive bid has been received from a responsible bidder; or
     (h) The bid process was not fair or equitable.
     (5) The agency head may not delegate his or her authority under this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.105 RCW to read as follows:
     (1) The board, or other agencies and institutions of state government the board delegates authority to, when purchasing, leasing, renting, or otherwise acquiring, disposing of, or maintaining equipment, proprietary software, or purchased services using a competitive bidding process cannot reject all bids and cancel the solicitation after the bid opening unless there is a compelling reason.
     (2) Every effort shall be made to anticipate changes in a requirement before the date of opening and to provide reasonable notice to all prospective bidders of any resulting modification or cancellation. If, in the opinion of the director or purchasing agency head, it is not possible to provide reasonable notice, the published date for receipt of bids may be postponed and all known bidders notified. This will permit bidders to change their bids and prevent unnecessary exposure of bid prices. In addition, every effort shall be made to include realistic, achievable requirements in a solicitation.
     (3) After the opening of bids, a solicitation may not be canceled and resolicited solely because of an increase in requirements for the items being acquired. Award may be made on the initial solicitation and an increase in requirements may be treated as a new acquisition.
     (4) A solicitation may be canceled and all bids rejected before award but after bid opening only when, consistent with subsection (1) of this section, the board or purchasing agency, determines in writing that:
     (a) Unavailable, inadequate, ambiguous specifications, terms, conditions, or requirements were cited in the solicitation;
     (b) Specifications, terms, conditions, or requirements have been revised;
     (c) The supplies or services being contracted for are no longer required;
     (d) The solicitation did not provide for consideration of all factors of cost to the board or agency;
     (e) Bids received indicate that the needs of the board or agency can be satisfied by a less expensive article differing from that for which the bids were invited;
     (f) All otherwise acceptable bids received are at unreasonable prices or only one bid is received and the board or agency cannot determine the reasonableness of the bid price;
     (g) No responsive bid has been received from a responsible bidder; or
     (h) The bid process was not fair or equitable.
     (5) The agency head may not delegate his or her authority under this section.