H-416                _______________________________________________

                                                    HOUSE BILL NO. 864

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Haugen, Cooper and Nelson

Read first time 2/11/87 and referred to Committee on Local Government.

AN ACT Relating to prequalifying contractors by municipalities; and adding new sections to chapter 39.04 RCW.

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

NEW SECTION. Sec. 1.     Bid proposals upon any construction or improvement for a municipality, shall be made upon contract proposal forms supplied by the municipality.  The municipality may, before furnishing any person, firm, or corporation desiring to bid upon any work for which a call for bid proposals has been published, with a contract proposal form, require from the person, firm, or corporation, answers to questions in a standard questionnaire and financial statement which shall include a complete statement of the financial ability and experience of the person, firm, or corporation in performing municipal public works projects or other public works.  The questionnaire shall be sworn to before a notary public or other person authorized to take acknowledgement of deeds, and shall be submitted when the municipality so requires.  Whenever the municipality is not satisfied with the sufficiency of the answers in the questionnaire and financial statement or whenever the municipality determines that the person, firm, or corporation does not meet all of the requirements under this section, it may refuse to furnish the person, firm, or corporation with a contract proposal form and any bid proposal of the person, firm, or corporation shall be disregarded.  The refusal is conclusive unless appeal to the superior court of the county in which the municipality is located is taken within five days. The appeal shall be heard summarily within ten days after the appeal is taken, and after five days notice to the municipality.  The prevailing party is entitled to reasonable attorney fees in an action brought under this section.  In order to obtain a contract proposal form, a person, firm, or corporation shall meet all the following requirements:

          (1) Adequate financial resources, or the ability to secure those resources;

          (2) The necessary experience, organization, and technical qualifications to perform the proposed contract;

          (3) The ability to comply with the required performance schedule taking into consideration all of its existing business commitments;

          (4) A satisfactory record of performance, integrity, judgment, and skills; and

          (5) The ability to be otherwise qualified and eligible to receive an award under applicable laws and rules.

NEW SECTION. Sec. 2.     Any person, firm, or corporation having met the prequalification standards of any city with a population of one hundred fifty thousand or more within two years of the time of submitting a bid for a public works project is deemed to be a prequalified bidder for public works projects in any political subdivision of the state.

NEW SECTION. Sec. 3.     A municipality shall not be required to make available for public inspection and copying financial information supplied by any person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for highway construction or improvement as required by section 1 of this act.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act are each added to chapter 39.04 RCW.