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SECOND
SUBSTITUTE HOUSE BILL 2100
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Passed
Legislature - 2002 Regular Session
State
of Washington 57th Legislature 2002 Regular Session
By
Read
first time 01/24/2002. Referred to Committee on .
Increasing bid limits for PUDs using the alternative bid
procedure under RCW 39.04.190.
AN
ACT Relating to increasing bid limits for the alternative bid procedure under
RCW 39.04.190; and amending RCW 54.04.082 and 54.04.070.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
54.04.082 and 1995 c 354 s 1 are each amended to read as follows:
For
the awarding of a contract to purchase any item, or items of the same kind of
materials, equipment, or supplies in an amount exceeding ((five)) ten
thousand dollars, but less than ((thirty-five)) fifty thousand
dollars, exclusive of sales tax, the commission may, in lieu of the procedure
described in RCW 54.04.070 and 54.04.080 requiring public notice to invite
sealed proposals for such materials, equipment, or supplies, pursuant to
commission resolution use the process provided in RCW 39.04.190. Waiver of the
deposit or bid bond required under RCW 54.04.080 may be authorized by the
commission in securing such bid quotations.
Sec.
2. RCW
54.04.070 and 2000 c 138 s 211 are each amended to read as follows:
Any
item, or items of the same kind of materials, equipment, or supplies purchased,
the estimated cost of which is in excess of ((five)) ten thousand
dollars, exclusive of sales tax shall be by contract: PROVIDED, That a
district may make purchases of the same kind of items of materials, equipment
and supplies not exceeding five thousand dollars in any calendar month without
a contract, purchasing any excess thereof over five thousand dollars by contract.
Any work ordered by a district commission, the estimated cost of which is in
excess of ten thousand dollars exclusive of sales tax, shall be by contract,
except that a district commission may have its own regularly employed personnel
perform work which is an accepted industry practice under prudent utility
management without a contract. Prudent utility management means performing
work with regularly employed personnel utilizing material of a worth not
exceeding fifty thousand dollars in value without a contract: PROVIDED, That
such limit on the value of material being utilized in work being performed by
regularly employed personnel shall not include the value of individual items of
equipment purchased or acquired and used as one unit of a project. Before
awarding such a contract, the commission shall publish a notice once or more in
a newspaper of general circulation in the district at least thirteen days
before the last date upon which bids will be received, inviting sealed
proposals for the work or materials; plans and specifications of which shall at
the time of the publication be on file at the office of the district subject to
public inspection. Any published notice ordering work to be performed for the
district shall be mailed at the time of publication to any established trade
association which files a written request with the district to receive such
notices. The commission may at the same time and as part of the same notice,
invite tenders for the work or materials upon plans and specifications to be
submitted by the bidders.
All
contract projects equal to or in excess of one hundred thousand dollars shall
be let by competitive bidding unless the public utility district lets contracts
using the small works roster process under RCW 39.04.155.
Whenever
equipment or materials required by a district are held by a governmental agency
and are available for sale but such agency is unwilling to submit a proposal,
the commission may ascertain the price of such items and file a statement of
such price supported by the sworn affidavit of one member of the commission and
may consider such price as a bid without a deposit or bond.
The
commission may waive the competitive bidding requirements of this section
pursuant to RCW 39.04.280 if an exemption contained within that section applies
to the purchase or public work.
Passed the House February 8, 2002.
Passed the Senate March 5, 2002.
Approved by the Governor
March 21, 2002.
Filed
in Office of Secretary of State March 21, 2002.
