1569-S.E AMS GO S4872.1

ESHB 1569 - S COMM AMD

By Committee on Government Operations & Elections

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 39.04 RCW to read as follows:

(1) When the state or a municipality, as part of the bidding process for the execution of public work, requires a bidder, offeror, or contractor to submit bid documentation prior to execution of a contract, the bid documentation shall be placed in escrow with a banking institution. The bid documentation shall remain at all times the property of the bidder, offeror, or contractor submitting the bid documentation. The state or municipality shall have no interest in or right to the bid documentation unless litigation arises between the state or municipality and the successful bidder, offeror, or contractor with whom the state or municipality executes a contract. In the event of litigation, the state or municipality may file a motion requesting the court to enter an order directing the banking institution to deliver the bid documentation in escrow to the state or municipality. Under no circumstances shall the state or municipality utilize or have access to bid documentation during the process of awarding and executing a contract for public work. The bid documentation shall remain in escrow during the life of the contract and shall be returned to the bidder, offeror, or contractor performing the public work upon completion of the contract provided no claims relating to the contract remain.

(2) "Bid documentation" means any writing, working papers, notes, computer printouts, charts, and any other data compilation which contain or reflect all information, data, and calculations used by a bidder, offeror, or contractor to determine a bid submitted for public work. This includes, but is not limited to, equipment rates, overhead rates, labor rates, efficiency or productivity factors, arithmetic extensions, and quotations from subcontractors, and materialmen to the extent that such rates and quotations were used by the bidder in formulating and determining the amount of the bid. "Bid documentation" also includes any manuals which are standard to the industry performing the public work in determining the amount of a bid. These manuals may be included in the bid documentation by reference. "Bid documentation" also includes any affidavit or other document that lists the bid documentation provided to the banking institution. "Bid documentation" does not include documents provided by the state or municipality for use by a bidder, offeror, or contractor in preparing a bid for a public works. "Bid documentation" does not include any document required to be submitted as a part of a bid that is considered by the state or municipality during the process of awarding and executing a contract for public work."

ESHB 1569 - S COMM AMD

By Committee on Government Operations & Elections

On page 1, line 2 of the title, after "bid;" strike the remainder of the title and insert "and adding a new section to chapter 39.04 RCW."

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