BILL REQ. #:  S-0646.1 

Read first time 01/21/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to expanding the ability to negotiate an adjustment to a bid price on public works to municipalities; and amending RCW 39.04.015.

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

Sec. 1   RCW 39.04.015 and 1989 c 59 s 1 are each amended to read as follows:
     Notwithstanding the provisions of RCW 39.04.010, a ((state)) contracting authority representing the state or municipality is authorized to negotiate an adjustment to a bid price, based upon agreed changes to the contract plans and specifications, with a low responsive bidder under the following conditions:
     (1) All bids for a state or municipal public works project involving buildings and any associated building utilities and appendants exceed the available funds, as certified by the appropriate fiscal officer;
     (2) The apparent low responsive bid does not exceed the available funds by: (a) Five percent on projects valued under one million dollars; (b) the greater of fifty thousand dollars or two and one-half percent for projects valued between one million dollars and five million dollars; or (c) the greater of one hundred twenty-five thousand dollars or one percent for projects valued over five million dollars; and
     (3) The negotiated adjustment will bring the bid price within the amount of available funds.