BP BHEAD INT S [atlas:bill]

AN ACT Relating to the selection of responsible contractors bidding on public works; and adding a new chapter to Title 39 RCW.

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

NEW SECTION. Sec. 1. The purpose of this chapter is to allow all state or local governmental entities that award contracts for publicly funded projects to select contractors by the lowest responsible bidder method.

NEW SECTION. Sec. 2. (1) A state or local governmental entity that awards contracts for publicly funded projects must examine all general contractors and all electrical, mechanical, and heating, ventilation, and air conditioning subcontractors bidding on a project to determine which contractors are the lowest responsible bidders.

(2) The governmental entity's contracting officer must make an affirmative determination of responsibility.

NEW SECTION. Sec. 3. (1) All contractors and affected subcontractors are required to submit information, under oath, in the form of a questionnaire to the governmental entity to assist the governmental entity in making a determination as to whether the contractor or subcontractor is a responsible bidder. If the information is not provided, or the information that is provided is false on a material point, then the bid will be ruled nonresponsive. Information should be included for corporate or business affiliates.

(2) All information submitted on the questionnaire is subject to public inspection. The required information must be submitted with the bid, or within forty-eight hours after the submission of the bid.

NEW SECTION. Sec. 4. Governmental entities may create their own questionnaire, required under section 3 of this act, or use a questionnaire created by the Washington state department of general administration or the superintendent of public instruction.

NEW SECTION. Sec. 5. In the absence of information clearly indicating that the prospective contractor is a responsible bidder, the governmental entity or the entity's contracting officer shall make a determination that the bidder is not a responsible bidder, and both the governmental entity and the contracting officer are immune from any suit or litigation brought on behalf of a bidder found to be not responsible.

NEW SECTION. Sec. 6. In determining lowest responsible bidder, in addition to price, the governmental entity awarding the contract must consider the following elements:

(1) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;

(2) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(3) Whether the bidder can perform the contract within the time specified;

(4) The quality of performance of previous contracts or services;

(5) The previous and existing compliance by the bidder with laws relating to the contract or services;

(6) Other information as may be secured having a bearing on the decision to award the contract. However, in considering bids for purchase, manufacture, or lease, and in determining the lowest responsible bidder, whenever there is reason to believe that applying the "life-cycle costing" technique to bid evaluation would result in lowest total cost to the state, first consideration shall be given by state purchasing activities to the bid with the lowest life-cycle cost that complies with specifications. "Life-cycle cost" means the total cost of an item to the state over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life. The "estimated useful life" of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner. Nothing in this section shall prohibit any state agency, department, board, commission, committee, or other state-level entity from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 39 RCW.