AN ACT Relating to the bidding process for the construction of ferry vessels; amending RCW 47.60.814; repealing RCW 47.56.780; and declaring an emergency.

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

Sec. 1.  RCW 47.60.814 and 2001 c 226 s 6 are each amended to read as follows:

(1) Subject to legislative appropriation for the procurement of vessels, the department shall issue a request for proposals to interested parties that must include, at least, the following:

(((1))) (a) Solicitation of a proposal to participate in a design and build partnership with the department to design and construct the auto ferries;

(((2))) (b) Instructions on the prequalification process and procedures;

(((3))) (c) A description of the modified request for proposals process. Under this process, the department may modify any component of the request for proposals, including the outline specifications, by addendum at any time before the submittal of bids in phase three;

(((4))) (d) A description of the design and build partnership process to be used for procurement of the vessels;

(((5))) (e) Outline specifications that provide the requirements for the vessels including, but not limited to, items such as length, beam, displacement, speed, propulsion requirements, capacities for autos and passengers, passenger space characteristics, and crew size. The department will produce notional line drawings depicting hull geometry that will interface with Washington state ferries terminal facilities. Notional lines may be modified in phase two, subject to approval by the department;

(((6))) (f) Instructions for the development of technical proposals in phase two, and information regarding confidentiality of technical proposals;

(((7))) (g) The vessel delivery schedule, identification of the port on Puget Sound where delivery must take place, and the location where acceptance trials must be held;

(((8))) (h) The estimated price range for the contract;

(((9))) (i) The form and amount of the required bid deposit and contract security;

(((10))) (j) A copy of the contract that will be signed by the successful proposer;

(((11))) (k) The date by which proposals in phase one must be received by the department in order to be considered;

(((12))) (l) A description of information to be submitted in the proposals in phase one concerning each proposer's qualifications, capabilities, and experience;

(((13))) (m) A statement of the maximum number of proposers that may be selected in phase one for development of technical proposals in phase two;

(((14))) (n) Criteria that will be used for the phase one selection of proposers to participate in the phase two development of technical proposals;

(((15))) (o) A description of the process that will be used for the phase three submittal and evaluation of bids, award of the contract, and postaward administrative activities;

(((16))) (p) A requirement that the contractor comply with all applicable laws, rules, and regulations including but not limited to those pertaining to the environment, worker health and safety, and prevailing wages;

(((17))) (q) A requirement that the vessels be constructed within the boundaries of the state of Washington except that equipment furnished by the state and components, products, and systems that are standard manufactured items are not subject to the in-state requirement under this subsection. For the purposes of this subsection, "constructed" means the fabrication, by the joining together by welding or fastening of all steel parts from which the total vessel is constructed, including, but not limited to, all shell frames, longitudinals, bulkheads, webs, piping runs, wire ways, and ducting. "Constructed" also means the installation of all components and systems, including, but not limited to, equipment and machinery, castings, electrical, electronics, deck covering, lining, paint, and joiner work required by the contract. "Constructed" also means the interconnection of all equipment, machinery, and services, such as piping, wiring, and ducting; and

(((18))) (r) A requirement that all warranty work on the vessel must be performed within the boundaries of the state of Washington, insofar as practical.

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