H-0244.1  _______________________________________________

                          HOUSE BILL 1748

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Miloscia, Keiser, Dunshee, Cooper, Conway, McIntire and Kenney

Read first time 02/02/2001.  Referred to Committee on State Government.

Allowing the prequalification of contractors.

    AN ACT Relating to prequalifying contractors; and adding a new section to chapter 39.04 RCW.

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

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

    (1) Any agency or local government may establish uniform standards and procedures to prequalify competent and responsible contractors from which to award contracts for public works, repair, or maintenance.  A prequalification system may be used either to limit the contractors that are afforded an opportunity to bid on a project or to eliminate consideration of bids that are submitted from contractors that are not prequalified.  A prequalification system may be used in any procedure to award contracts, including, but not limited to, contracts let without bids, contracts let through a formal competitive bidding procedure with published bid solicitations and sealed bids, contracts awarded using a design-build system of letting contracts, contracts awarded through a contractor/construction manager contracting system, or contracts let through a modified competitive bidding system, such as a small works roster system.

    (2) A prequalification system may involve periodically soliciting contractors to be prequalified and placed on a list or lists of prequalified contractors for different types of work or prequalifying contractors for a specific project.  Each contractor desiring to be prequalified must complete a standard questionnaire form and financial statement that includes questions about financial ability and work experience, and is sworn to before a notary public or other person authorized to take acknowledgment of deeds.  To be prequalified, a contractor must have all of the following requirements:

    (a) Adequate financial resources or the ability to secure such resources;

    (b) The necessary experience, organization, and technical qualifications to perform the proposed contract;

    (c) The ability to comply with the required performance schedule taking into consideration all of its existing business commitments;

    (d) A satisfactory record of performance, integrity, judgment, and skills; and

    (e) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

    The refusal of an agency or local government to prequalify a contractor is conclusive unless the agency or local government is ordered to give prequalification status to a contractor by the superior court of Thurston county for agencies, or the superior court of the county in which the local government is located for a local government, where the appeal to the superior court is made within five days of the decision not to prequalify the contractor, which appeal shall be heard summarily within ten days after it is taken and on five days' notice thereof to the agency or local government.

    (3) For purposes of this section, the term "municipality" means as it is defined under RCW 39.04.010.

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