SUBSTITUTE HOUSE BILL NO. 1386


                                                           AS AMENDED BY THE SENATE


                                                                            C 244 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By House Committee on Local Government (originally sponsored by Representatives Phillips, Ferguson, Horn and Haugen)



Read first time 2/20/89.



AN ACT Relating to the creation of small works rosters by counties; reenacting and amending RCW 36.32.250; and adding new sections to chapter 36.32 RCW.




          NEW SECTION.  Sec. 1.     A county may use a small works roster and award contracts under sections 2 through 4 of this act for any project for which the estimated cost is one hundred thousand dollars or less.


          NEW SECTION.  Sec. 2.     Each county may maintain a small works roster which shall be comprised of all contractors requesting to be on the roster and who are, where required by law, properly licensed or registered to perform work in the state of Washington.  Whenever possible, the county shall actively solicit participation by women and minority contractors.


          NEW SECTION.  Sec. 3.     Whenever construction is done by contract for which the estimated cost is one hundred thousand dollars or less and the county uses a small works roster, the county shall invite proposals from appropriate contractors on the small works roster.   Such invitation shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished.  Whenever possible, not less than five separate appropriate contractors shall be requested to submit proposals on any individual contract.

          Once a contractor on the small works roster has been offered an opportunity to submit a proposal, that contractor shall not be offered another opportunity on any contract until all other appropriate contractors, including minority and women contractors, have been afforded an opportunity to submit a proposal on a contract.


          NEW SECTION.  Sec. 4.     When awarding such a contract for work, the estimated cost of which is one hundred thousand dollars or less, the county shall award the contract to the contractor submitting the lowest responsible proposal.


          NEW SECTION.  Sec. 5.     Sections 1 through 4 of this act are each added to chapter 36.32 RCW.


        Sec. 6.  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, lease, or purchase involving less than ((three thousand five hundred)) ten thousand dollars, advertisement and competitive bidding may be dispensed with on order of the  county  legislative authority.  Notice of intention to let contracts or to enter into lease agreements involving amounts exceeding one thousand dollars but less than ((three thousand five hundred)) ten 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 thousand and ((three thousand five hundred)) ten thousand 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.  The procedure shall include the annual establishment of an array of general categories in which such contracts, leases, or purchases are anticipated.  A roster shall be developed for each category, consisting of all potential bidders who have requested to be included on the roster.  The county shall invite proposals from all vendors listed on the appropriate roster for each purchase between one thousand and ten thousand dollars.  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.

                                                                                                                           Passed the House April 15, 1989.


                                                                                                                                         Speaker of the House.


                                                                                                                             Passed the Senate April 4, 1989.


                                                                                                                                       President of the Senate.