BP BHEAD INT S

AN ACT Relating to jumbo ferry purchases; and adding new sections to chapter 47.60 RCW.

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

NEW SECTION. Sec. 1. Whenever the department is authorized to purchase one or more new jumbo ferry vessels of a proven and operational design under this section, it shall publish a notice of its intent once a week for at least two consecutive weeks in at least one trade paper and one other paper, both of general circulation in the state. The notice shall contain, but not be limited to, the following information:

(1) The number of jumbo ferry vessels to be purchased and the proposed delivery date for each vessel;

(2) A short summary of the requirements for prequalification of bidders including a statement that prequalification is a prerequisite to consideration by the department of any proposal, and a statement that the bidder shall submit its bid for the vessel in compliance with the plans and specifications supplied by the state; and

(3) An address and telephone number that may be used to obtain the request for proposal.

NEW SECTION. Sec. 2. The department shall send to any firm that requests it bidding documents outlining the criteria for the jumbo ferry vessels. The bid documents shall include, but not be limited to, the following information:

(1) Solicitation of a bid to deliver to the department vessels that are constructed as specified by the plans and specifications provided by the department;

(2) The number of vessels to be contracted for and, if more than one vessel is to be contracted for, the request for proposal shall provide for the initial purchase of one vessel with an option to purchase additional vessels;

(3) The proposed delivery date for each vessel, the port on Puget Sound where delivery will be taken, and the location where acceptance trails will be held;

(4) The amount of the required contractor's bond;

(5) A copy of the vessel construction contract that will be signed by the winning bidder;

(6) The date by which bids for ferry vessel construction must be received by the department in order to be considered;

(7) A requirement that the contractor comply with all applicable laws including, but not limited to those pertaining to the environment, worker health and safety, and prevailing wages;

(8) A requirement that the vessels be constructed within the boundaries of the state of Washington except that equipment provided by the state is not subject to the in-state requirement under this subsection. For the purposes of this section, "construct" means: The fabrication, by the joining together by welding or fastening of all steel parts from which the total vessel is constructed, including, but not limited to, all shell, frames, longitudinals, bulkheads, webs, piping runs, wire ways, and ducting. "Construct" also means the installation of all components and systems, including, but not limited to, equipment and machinery, castings, electrical, electronics, deck covering, lining, paint and joiner work, required by the contract. "Construct" also means the interconnection of all equipment, machinery, and services, such as piping, wiring, and ducting;

(9) A requirement that all warranty work on the vessel be performed within the boundaries of the state of Washington; and

(10) A statement that any bid submitted constitutes an offer and remains open until ninety days after the deadline for submitting proposals, unless the firm submitting it withdraws it by formal written notice received by the department before the department's selection of the firm submitting the lowest responsible bid, together with an explanation of the requirement that all proposals submitted be accompanied by a bid bond in the amount of five percent of the proposed cost of the first vessel to be purchased.

NEW SECTION. Sec. 3. (1) Upon concluding its evaluation, the department may:

(a) Select the firm submitting the lowest responsible bid taking into consideration the requirements stated in the bid documents and rank the remaining firms, judging them by the same standards;

(b) Reject all bids not in compliance with the requirements contained in the bid documents;

(2) The department shall immediately notify those firms that were not selected as the firm presenting the lowest responsible bid. The department's selection is conclusive unless appeal from it is taken by an aggrieved firm to the superior court of Thurston county within five days after receiving notice of the department's final decision. The appeal shall be heard summarily within ten days after it is taken and on five days' notice to the department. The court shall hear any appeal on the administrative record that was before the department. The court may affirm the decision of the department, or it may reverse the decision if it determines the action of the department was arbitrary or capricious.

NEW SECTION. Sec. 4. (1) Upon selecting the firm that has submitted the lowest responsible bid and ranking the remaining firms in order of preference, the department shall:

(a) Sign a contract with the firm presenting the lowest responsible bid; or

(b) If a final agreement satisfactory to the department cannot be signed with the firm presenting the lowest responsible bid, the department may sign a contract with the firm ranked next lowest bidder. If necessary, the department may repeat this procedure with each firm in order until the list of firms has been exhausted.

(2) In developing a contract for the procurement of ferry vessels, the department may, subject to the provisions of RCW 39.25.020, authorize the use of foreign-made materials and components in the construction of ferries in order to minimize costs.

NEW SECTION. Sec. 5. Proposals submitted by firms under this section constitute an offer and shall remain open for ninety days. When submitted, each proposal shall be accompanied by a deposit in cash, certified check, cashier's check, or surety bond in an amount equal to five percent of the amount of the proposed contract price, and no proposal may be considered unless the deposit is enclosed. If the department awards a contract to a firm and the firm fails to enter into a contract and furnish a satisfactory bond as required by RCW 39.08.100 within twenty days, exclusive of the day of the award, its deposit shall be forfeited to the state and be deposited by the state treasurer to the credit of the Puget Sound capital construction account. Upon the execution of a ferry construction contract all proposal deposits shall be returned.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act are each added to chapter 47.60 RCW.