AN
ACT Relating to maintenance and preservation of ferries; and amending RCW
47.56.030.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
47.56.030 and 1995 1st sp.s. c 4 s 1 are each amended to read as follows:
(1)
The department of transportation shall have full charge of the construction of
all toll bridges and other toll facilities including the Washington state
ferries, and the operation and maintenance thereof. The transportation
commission shall determine and establish the tolls and charges thereon, and
shall perform all duties and exercise all powers relating to the financing,
refinancing, and fiscal management of all toll bridges and other toll
facilities including the Washington state ferries, and bonded indebtedness in
the manner provided by law. The department shall have full charge of design of
all toll facilities. Except as provided in this section, the department
shall proceed with the construction of such toll bridges and other facilities
and the approaches thereto by contract in the manner of state highway
construction immediately upon there being made available funds for such work
and shall prosecute such work to completion as rapidly as practicable. The
department is authorized to negotiate contracts for any amount without bid under
(a) and (b) of this subsection:
(a)
Emergency contracts, in order to make repairs to ferries or ferry terminal
facilities or removal of such facilities whenever continued use of ferries or
ferry terminal facilities constitutes a real or immediate danger to the
traveling public or precludes prudent use of such ferries or facilities; and
(b)
Single source contracts for vessel dry dockings, when there is clearly and
legitimately only one available bidder to conduct dry dock-related work for a
specific class or classes of vessels. The contracts may be entered into for a
single vessel dry docking or for multiple vessel dry dockings for a period not
to exceed two years.
(2)
The department shall proceed with the procurement of materials, supplies,
services, and equipment needed for the support, maintenance, and use of a
ferry, ferry terminal, or other facility operated by Washington state ferries,
in accordance with chapter 43.19 RCW except as follows:
(((1)))
(a) Except as provided in (d) of this subsection, when the secretary of
the department of transportation determines in writing that the use of
invitation for bid is either not practicable or not advantageous to the state
and it may be necessary to make competitive evaluations, including technical or
performance evaluations among acceptable proposals to complete the contract
award, a contract may be entered into by use of a competitive sealed proposals
method, and a formal request for proposals solicitation. Such formal request
for proposals solicitation shall include a functional description of the needs
and requirements of the state and the significant factors.
(((2)))
(b) When purchases are made through a formal request for proposals
solicitation the contract shall be awarded to the responsible proposer whose
competitive sealed proposal is determined in writing to be the most
advantageous to the state taking into consideration price and other evaluation
factors set forth in the request for proposals. No significant factors may be
used in evaluating a proposal that are not specified in the request for
proposals. Factors that may be considered in evaluating proposals include but
are not limited to: Price; maintainability; reliability; commonality;
performance levels; life cycle cost if applicable under this section; cost of
transportation or delivery; delivery schedule offered; installation cost; cost
of spare parts; availability of parts and service offered; and the following:
(((a)))
(i) The ability, capacity, and skill of the proposer to perform the
contract or provide the service required;
(((b)))
(ii) The character, integrity, reputation, judgment, experience, and
efficiency of the proposer;
(((c)))
(iii) Whether the proposer can perform the contract within the time
specified;
(((d)))
(iv) The quality of performance of previous contracts or services;
(((e)))
(v) The previous and existing compliance by the proposer with laws
relating to the contract or services;
(((f)))
(vi) Objective, measurable criteria defined in the request for
proposal. These criteria may include but are not limited to items such as
discounts, delivery costs, maintenance services costs, installation costs, and
transportation costs; and
(((g)))
(vii) Such other information as may be secured having a bearing on the
decision to award the contract.
(c)
When purchases are made through a request for proposal process, proposals
received shall be evaluated based on the evaluation factors set forth in the
request for proposal. When issuing a request for proposal for the
procurement of propulsion equipment or systems that include an engine, the request
for proposal must specify the use of a life cycle cost analysis that includes
an evaluation of fuel efficiency. When a life cycle cost analysis is used,
the life cycle cost of a proposal shall be given at least the same relative
importance as the initial price element specified in the request of proposal
documents. The department may reject any and all proposals received. If the
proposals are not rejected, the award shall be made to the proposer whose
proposal is most advantageous to the department, considering price and the
other evaluation factors set forth in the request for proposal.
(((3)
The legislative transportation committee shall review the secretary's use of
the request for proposals solicitation for Washington state ferries projects to
determine if the process established under chapter 4, Laws of 1995 1st sp.
sess. is appropriate. The results of the review, including recommendations for
modification of the request for proposal process, shall be reported to the
house of representatives and senate transportation committees by January 1,
1997.))
(d)
If the department is procuring large equipment or systems (e.g., electrical,
propulsion) needed for the support, maintenance, and use of a ferry operated by
Washington state ferries, the department shall proceed with a formal request
for proposal solicitation under this subsection (2) without a determination of
necessity by the secretary.
