Passed by the Senate April 21, 2011 YEAS 35   ________________________________________ President of the Senate Passed by the House April 15, 2011 YEAS 93   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE SENATE BILL 5662 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to establishing a preference for resident contractors on public works; adding a new section to chapter 39.04 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 39.04 RCW
to read as follows:
(1) The department of general administration must conduct a survey
and compile the results into a list of which states provide a bidding
preference on public works contracts for their resident contractors.
The list must include details on the type of preference, the amount of
the preference, and how the preference is applied. The list must be
updated periodically as needed. The initial survey must be completed
by November 1, 2011, and by December 1, 2011, the department must
submit a report to the appropriate committees of the legislature on the
results of the survey. The report must include the list and
recommendations necessary to implement the intent of this section and
section 2 of this act.
(2) The department of general administration must distribute the
report, along with the requirements of this section and section 2 of
this act, to all state and local agencies with the authority to procure
public works. The department may adopt rules and procedures to
implement the reciprocity requirements in subsection (3) of this
section. However, subsection (3) does not take effect until the
department of general administration has adopted the rules and
procedures for reciprocity under subsection (2) of this section or
announced that it will not be issuing rules or procedures pursuant to
this section.
(3) In any bidding process for public works in which a bid is
received from a nonresident contractor from a state that provides a
percentage bidding preference, a comparable percentage disadvantage
must be applied to the bid of that nonresident contractor. This
subsection does not apply until the department of general
administration has adopted the rules and procedures for reciprocity
under subsection (2) of this section, or has determined and announced
that rules are not necessary for implementation.
(4) A nonresident contractor from a state that provides a
percentage bid preference means a contractor that:
(a) Is from a state that provides a percentage bid preference to
its resident contractors bidding on public works contracts; and
(b) At the time of bidding on a public works project, does not have
a physical office located in Washington.
(5) The state of residence for a nonresident contractor is the
state in which the contractor was incorporated or, if not a
corporation, the state where the contractor's business entity was
formed.
(6) This section does not apply to public works procured pursuant
to RCW 39.04.155, 39.04.280, or any other procurement exempt from
competitive bidding.
NEW SECTION. Sec. 2 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state or local authority, the
conflicting part of this act is inoperative solely to the extent of the
conflict and with respect to the agencies directly affected, and this
finding does not affect the operation of the remainder of this act in
its application to the agencies concerned. Rules adopted under this
act must meet federal requirements that are a necessary condition to
the receipt of federal funds by the state or local authority.