[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 may examine, on projects where the scope of work is unusual, complex, or specialized, general contractors and electrical, mechanical, and heating, ventilation, and air conditioning subcontractors bidding on a project to determine if the low bidding contractor meets responsibility criteria.

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

NEW SECTION. Sec. 3. (1) When requested, 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 bidder will be ruled not responsible.

(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 presence of information clearly indicating that the prospective contractor is not a responsible bidder, the governmental entity or the entity's contracting officer shall make a determination that the bidder is not a responsible bidder. 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 reputation, experience, and references 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; and

(6) The specific experience and ability of the bidder to manage unique project requirements.

NEW SECTION. Sec. 7. The state or local governmental entity shall provide the opportunity for a contractor to appeal the decision. Should the state or local governmental entity affirm its finding that the contractor is not responsible, the contractor must be given the option to withdraw its bid. The decision of the governmental entity is final. The governmental entity must issue the contractor a letter stating its determination that the contractor is not a responsible bidder for this particular job. The process must be repeated for the second low bidder to establish an affirmative determination of responsibility.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act constitute a new chapter in Title 39 RCW.