H-1461 _______________________________________________
HOUSE BILL NO. 1930
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Representatives Pruitt and R. Meyers
Read first time 2/10/89 and referred to Committee on Local Government.
AN ACT Relating to county purchases; and reenacting and amending RCW 36.32.250.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 36.32.250, chapter 4, Laws of 1963 as last amended by section 9, chapter 169, Laws of 1985 and by section 1, chapter 369, Laws of 1985 and RCW 36.32.250 are each reenacted and amended to read as follows:
No
contract, lease, or purchase may be entered into by the county legislative
authority or by any elected or appointed officer of such county until after
bids have been submitted to the county upon specifications therefor. Such
specifications shall be in writing and shall be filed with the clerk of the
county legislative authority for public inspection, and an advertisement
thereof stating the time and place where bids will be opened, the time after
which bids will not be received, the character of the work to be done, or
material, equipment, or service to be purchased, and that specifications
therefor may be seen at the office of the clerk of the county legislative
authority, shall be published in the county official newspaper: PROVIDED, That
advertisements for public works contracts for construction, alteration, repair,
or improvement of public facilities shall be additionally published in a legal
newspaper of general circulation in or as near as possible to that part of the
county in which such work is to be done: AND PROVIDED FURTHER, That if the
county official newspaper is a newspaper of general circulation covering at
least forty percent of the residences in that part of the county in which such
public works are to be done publication of an advertisement of the applicable
specifications in the county official newspaper only shall be sufficient. Such
advertisements shall be published at least once in each week for two
consecutive weeks prior to the last date upon which bids will be received and
as many additional publications as shall be determined by the county
legislative authority. The bids shall be in writing, shall be filed with the
clerk, shall be opened and read in public at the time and place named therefor
in said advertisements, and after being opened, shall be filed for public
inspection. No bid may be considered for public work unless it is accompanied
by a bid deposit in the form of a surety bond, postal money order, cash,
cashier's check, or certified check in an amount equal to five percent of the
amount of the bid proposed. The contract for the public work, lease, or
purchase shall be awarded to the lowest responsible bidder, taking into
consideration the quality of the articles or equipment to be purchased or
leased. Any or all bids may be rejected for good cause. The county
legislative authority shall require from the successful bidder for such public
work a contractor's bond in the amount and with the conditions imposed by law.
If the bidder to whom the contract is awarded fails to enter into the contract
and furnish the contractor's bond as required within ten days after notice of
the award, exclusive of the day of notice, the amount of the bid deposit shall
be forfeited to the county and the contract awarded to the next lowest and best
bidder. The bid deposit of all unsuccessful bidders shall be returned after
the contract is awarded and the required contractor's bond given by the
successful bidder is accepted by the county legislative authority. In the
letting of any contract((,)) or lease((, or purchase)) involving
less than three thousand five hundred dollars, or purchase involving less
than twenty thousand dollars, advertisement and competitive bidding may be
dispensed with on order of the county legislative authority. Notice of
intention to let contracts not related to purchases or to enter into
lease agreements involving amounts exceeding one thousand dollars but less than
three thousand five hundred dollars, and for purchases of less than twenty
thousand dollars, shall be posted by the county legislative authority on a
bulletin board in its office not less than three days prior to making such
lease or contract. For advertisement and competitive bidding to be dispensed
with as to purchases between ((one)) seven thousand five
hundred dollars and ((three)) less than twenty thousand ((five
hundred)) dollars, the county legislative authority must authorize by
resolution a county procedure for securing telephone or written quotations, or
both, from enough vendors to assure establishment of a competitive price and
for awarding such contracts for purchase of materials, equipment, or services
to the lowest responsible bidder. Immediately after the award is made, the
bid quotations obtained shall be recorded and open to public inspection and
shall be available by telephone inquiry. Wherever possible, supplies shall be
purchased in quantities for a period of at least three months, and not to
exceed one year. Supplies generally used throughout the various departments
shall be standardized insofar as possible, and may be purchased and stored for
general use by all of the various departments which shall be charged for the
supplies when withdrawn from the purchasing department.
This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.