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               ENGROSSED SUBSTITUTE SENATE BILL 6528

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State of Washington   57th Legislature        2002 Regular Session

By Senate Committee on State & Local Government (originally sponsored by Senators Keiser, Eide and Costa)

READ FIRST TIME 02/08/2002.

Allowing governmental entities that award publicly funded contracts to select contractors using the lowest responsible bidder method. 

    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.  This chapter does not supersede the requirements of chapter 39.10 RCW.

NEW SECTION. Sec. 2.  A state or local governmental entity that awards contracts for publicly funded projects estimated to cost more than two hundred thousand dollars must determine whether the lowest responsive bidder is responsible using the criteria in section 3 of this act.

NEW SECTION. Sec. 3.  In determining whether the lowest responsive bidder is responsible, 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 experience of the bidder;

    (3) Whether the bidder has demonstrated the ability to perform within the time specified by previous contracts;

    (4) The satisfactory completion of previous contracts or services by the bidder; and

    (5) The previous and current compliance by the bidder with contracting laws.

NEW SECTION. Sec. 4.  Governmental entities shall use, in substantial form, a questionnaire created by the Washington state department of general administration to determine compliance with section 3 of this act.  Modifications to the form may be utilized after notice has been given by the governmental entity, prior to requesting bids on a project for which the questionnaire will be used.

NEW SECTION. Sec. 5.  The apparent low bidder must submit the questionnaire required by section 4 of this act within three business days of the bid opening.  Failure to submit the information within the time provided will render the bid nonresponsible and the bidder shall forfeit any bid deposit submitted to the contracting agency in support of the bid.  If the information that is provided is false on a material point, then the bid will be deemed nonresponsible.

    Immediately after an award is made, the bids received shall be open to public inspection.

    The governmental entity must make an affirmative determination that the lowest responsive bidder is responsible.

NEW SECTION. Sec. 6.  If the governmental entity deems the apparent low bidder to be not responsible, it shall notify the bidder in writing with specificity as to the reasons why the bidder was deemed not responsible.  Within three business days of receipt of such notification, the bidder may withdraw its bid or it may present additional information, including any information from interested parties as defined in RCW 39.12.010, that the bidder believes proves its responsibility.  Within three business days of a bidder's submission of additional information, the governmental entity shall reconsider the bid and make a second determination of responsibility, which shall be final.

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

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