_______________________________________________
SENATE
BILL 6577
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002
Regular Session
By
Read first time 01/22/2002.
Referred to Committee on State & Local Government.
Prohibiting
substitution of subcontractors on larger public works contracts.
AN
ACT Relating to identification of subcontractors on public works contracts;
amending RCW 39.30.060; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. This
act is intended to discourage bid shopping and bid peddling on Washington state
public building and works projects.
Sec.
2. RCW
39.30.060 and 1999 c 109 s 1 are each amended to read as follows:
(1)
Every invitation to bid on a prime contract that is expected to cost one
million dollars or more for the construction, alteration, or repair of any
public building or public work of the state or a state agency or municipality
as defined under RCW 39.04.010 or an institution of higher education as defined
under RCW 28B.10.016 shall require each prime contract bidder to submit
as part of the bid, or within one hour after the published bid submittal time,
the names of the subcontractors with whom the bidder, if awarded the contract,
will subcontract for performance of the work of: HVAC (heating,
ventilation, and air conditioning((,))); plumbing as
described in chapter 18.106 RCW((,)); and electrical as described
in chapter 19.28 RCW, or to name itself for the work. The prime contract
bidder shall not list more than one subcontractor for each category of work
identified, unless subcontractors vary with bid alternates, in which case the prime
contract bidder must indicate which subcontractor will be used for which
alternate. Failure of the prime contract bidder to submit as part of
the bid the names of such subcontractors or to name itself to perform such work
or the naming of two or more subcontractors to perform the same work shall
render the prime contract bidder's bid nonresponsive and, therefore,
void.
(2)
Substitution of a listed subcontractor in furtherance of bid shopping or bid
peddling before or after the award of the prime contract is prohibited and the
originally listed subcontractor is entitled to recover monetary damages from
the prime contract bidder who executed a contract with the public entity and
the substituted subcontractor but not from the public entity inviting the bid.
It is the original subcontractor's burden to prove by a preponderance of the
evidence that bid shopping or bid peddling occurred. Substitution of a listed
subcontractor may be made by the prime contractor for the following reasons:
(a)
Refusal of the listed subcontractor to sign a contract with the prime
contractor;
(b)
Bankruptcy or insolvency of the listed subcontractor;
(c)
Inability of the listed subcontractor to perform the requirements of the
proposed contract or the project;
(d)
Inability of the listed subcontractor to obtain the necessary license, bonding,
insurance, or other statutory requirements to perform the work detailed in the
contract; or
(e)
The listed subcontractor is barred from participating in the project as a
result of a court order or summary judgment.
(3) The requirement of this section to name the prime
contract bidder's proposed ((heating, ventilation and air conditioning))
HVAC, plumbing, and electrical subcontractors applies only to proposed
((heating, ventilation and air conditioning)) HVAC, plumbing, and
electrical subcontractors who will contract directly with the ((general
contractor)) prime contract bidder submitting the bid to the public
entity.
