| Passed by the Senate March 17, 2002 YEAS 49 ________________________________________ President of the Senate Passed by the House April 9, 2003 YEAS 90 ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5076 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/14/2003. Referred to Committee on Natural Resources, Energy & Water.
AN ACT Relating to the highest responsible bidder for sales of valuable materials from state-owned aquatic lands; and amending RCW 79.90.215.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 79.90.215 and 1990 c 163 s 2 are each amended to read
as follows:
(1) To determine the "highest responsible bidder" under RCW
79.90.210, the department of natural resources shall be entitled to
consider, in addition to price, the following:
(a) The financial and technical ability of the bidder to perform
the contract;
(b) Whether the bid contains material defects;
(c) Whether the bidder has previously or is currently complying
with terms and conditions of any other contracts with the state or
relevant contracts with entities other than the state;
(d) Whether the bidder was the "highest responsible bidder" for a
sale within the previous five years but failed to complete the sale,
such as by not entering into a resulting contract or by not paying the
difference between the deposit and the total amount due. However,
sales that were bid prior to January 1, 2003, may not be considered for
the purposes of this subsection (1)(d);
(e) Whether the bidder has been convicted of a crime relating to
the public lands or natural resources of the state of Washington, the
United States, or any other state, tribe, or country, where
"conviction" shall include a guilty plea, or unvacated forfeiture of
bail;
(((e))) (f) Whether the bidder is owned, controlled, or managed by
any person, partnership, or corporation that is not responsible under
this statute; and
(((f))) (g) Whether the subcontractors of the bidder, if any, are
responsible under this statute.
(2) Whenever the department has reason to believe that the apparent
high bidder is not a responsible bidder, the department may award the
sale to the next responsible bidder or the department may reject all
bids pursuant to RCW 79.90.240.