H-1839              _______________________________________________


                                          SUBSTITUTE HOUSE BILL NO. 1379



                                                                            C 059 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By House Committee on Capital Facilities & Financing (originally sponsored by Representatives H. Sommers, Sayan, Silver, Brekke, Fuhrman, Holland, May, Winsley, Betrozoff, Wolfe, Schoon, Miller, Horn, Phillips and Ballard; by request of Legislative Budget Committee)



Read first time 2/20/89.



AN ACT Relating to bids on public construction contracts; and adding a new section to chapter 39.04 RCW.




          NEW SECTION.  Sec. 1.  A new section is added to chapter 39.04 RCW to read as follows:

          Notwithstanding the provisions of RCW 39.04.010, a state contracting authority is authorized to negotiate an adjustment to a bid price, based upon agreed changes to the contract plans and specifications, with a low responsive bidder under the following conditions:

          (1) All bids for a state public works project involving buildings and any associated building utilities and appendants exceed the available funds, as certified by the appropriate fiscal officer;

          (2) The apparent low responsive bid does not exceed the available funds by:  (a) Five percent on projects valued under one million dollars; (b) the greater of fifty thousand dollars or two and one-half percent for projects valued between one million dollars and five million dollars; or (c) the greater of one hundred twenty-five thousand dollars or one percent for projects valued over five million dollars; and

          (3) The negotiated adjustment will bring the bid price within the amount of available funds.

                                                                                                                           Passed the House March 6, 1989.

Speaker of the House.

Passed the Senate April 4, 1989.

President of the Senate.