Z-305                 _______________________________________________

                                                    HOUSE BILL NO. 314

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives H. Sommers, Hankins and Belcher

Read first time 1/23/87 and referred to Committee on State Government.

AN ACT Relating to public works; and amending RCW 39.04.150.

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

        Sec. 1.  Section 2, chapter 98, Laws of 1982 and RCW 39.04.150 are each amended to read as follows:

          (1) As used in this section, "agency" means the department of general administration, the department of fisheries, the department of game, and the state parks and recreation commission.

          (2) In addition to any other power or authority that an agency may have, each agency, alone or in concert, may establish a small works roster consisting of all qualified contractors who have requested to be included on the roster.

          (3) The small works roster may make distinctions between contractors based on the geographic areas served and the nature of the work the contractor is qualified to perform.  At least once every year, the agency shall advertise in a newspaper of general circulation the existence of the small works roster and shall add to the roster those contractors who request to be included on the roster.

          (4) Construction, repair, or alteration projects estimated to cost less than ((twenty-five)) fifty thousand dollars are exempt from the requirement that the contracts be awarded after advertisement and competitive bid as defined by RCW 39.04.010.  In lieu of advertisement and competitive bid, the agency shall solicit at least five quotations, confirmed in writing, from contractors chosen by random number generated by computer from the contractors on the small works roster for the category of job type involved and shall award the work to the party with the lowest quotation or reject all quotations.  If the agency is unable to solicit quotations from five qualified contractors on the small works roster for a particular project, then the project shall be advertised and competitively bid.  The agency shall solicit quotations randomly from contractors on the small works roster in a manner which will equitably distribute the opportunity for these contracts among contractors on the roster:  PROVIDED, That whenever possible, the agency shall invite at least one proposal from a minority contractor who shall otherwise qualify to perform such work.  Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone request.

          (5) The breaking down of any public work or improvement into units or accomplishing any public work or improvement by phases for the purpose of avoiding the minimum dollar amount for bidding is contrary to public policy and is prohibited.

          (6) The director of general administration shall adopt by rule a procedure to prequalify contractors for inclusion on the small works roster.  Each agency shall follow the procedure adopted by the director of general administration.  No agency shall be required to make available for public inspection or copying under chapter 42.17 RCW financial information required to be provided by the prequalification procedure.

          (7) An agency may adopt by rule procedures to implement this section which shall not be inconsistent with the procedures adopted by the director of the department of general administration pursuant to subsection (6) of this section.