BILL REQ. #:  H-4110.1 

Read first time 01/15/10.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to school district bidding procedures for purchases and public works projects; and amending RCW 28A.335.190.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 28A.335.190 and 2008 c 215 s 6 are each amended to read as follows:
     (1) ((When, in the opinion of the board of directors of any school district, the cost of any furniture, supplies, equipment, building, improvements, or repairs, or other work or purchases, except books, will equal or exceed the sum of fifty thousand dollars, complete plans and specifications for such work or purchases shall be prepared and notice by publication given in at least one newspaper of general circulation within the district, once each week for two consecutive weeks, of the intention to receive bids and that specifications and other information may be examined at the office of the board or any other officially designated location: PROVIDED, That the board without giving such notice may make improvements or repairs to the property of the district through the shop and repair department of such district when the total of such improvements or repair does not exceed the sum of forty thousand dollars. The cost of any public work, improvement or repair for the purposes of this section shall be the aggregate of all amounts to be paid for labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously or in close sequence. The bids shall be in writing and shall be opened and read in public on the date and in the place named in the notice and after being opened shall be filed for public inspection.
     (2))) (a) Every purchase of furniture, equipment or supplies, except books, the cost of which is estimated to be in excess of ((forty)) fifty thousand dollars, shall be on a competitive basis. The board of directors shall establish a procedure for securing telephone and/or written quotations for such purchases. Whenever the estimated cost is from ((forty)) fifty thousand dollars up to seventy-five thousand dollars, the procedure shall require quotations from at least three different sources to be obtained in writing or by telephone, and recorded for public perusal. Whenever the estimated cost is in excess of seventy-five thousand dollars, ((the public bidding process provided in subsection (1) of this section shall be followed.
     (3))) specifications for the purchase shall be prepared and notice by publication given in at least one newspaper of general circulation within the district, once each week for two consecutive weeks, of the intention to receive bids and that specifications and other information may be examined at the office of the board or any other officially designated location. The bids shall be in writing and shall be opened and read in public on the date and in the place named in the notice and, after being opened, shall be filed for public inspection. The contract for the purchase shall be awarded to any responsible bidder, as defined in RCW 43.19.1911, submitting a bid within five percent of the lowest responsive bid. The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call. The board shall provide bidding information to any qualified bidder, or the bidder's agent, requesting it in person.
     (b) Any school district may purchase goods produced or provided in whole or in part from class II inmate work programs operated by the department of corrections pursuant to RCW 72.09.100, including but not limited to furniture, equipment, or supplies. School districts are encouraged to set as a target to contract, beginning after June 30, 2006, to purchase up to one percent of the total goods required by the school districts each year, goods produced or provided in whole or in part from class II inmate work programs operated by the department of corrections.
     (((4))) (2)(a) Every building, improvement, repair or other public works project, the cost of which is estimated to be in excess of ((forty)) one hundred thousand dollars, shall be ((on a competitive)) competitively bid ((process)). ((Whenever the estimated cost of a public works project is one hundred thousand dollars or more, the public bidding process provided in subsection (1) of this section shall be followed unless the contract is let using)) Complete plans and specifications shall be prepared and notice given by publication in at least one newspaper of general circulation within the district, once each week for two consecutive weeks, of the intention to receive bids and that specifications and other information may be examined at the office of the board or any other officially designated location. The bids shall be in writing and shall be opened and read in public on the date and in the place named in the notice and, after being opened, shall be filed for public inspection. The contract for the work shall be awarded to any responsible bidder, as defined in RCW 39.04.350, submitting a bid within five percent of the lowest responsive bid. The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call. The board shall provide bidding information to any qualified bidder, or the bidder's agent, requesting it in person. The board, without giving notice, may make improvements or repairs to the property of the district through the shop and repair department of such district when the total of such improvements or repair does not exceed the sum of one hundred thousand dollars. The cost of any public work, improvement, or repair for the purposes of this subsection shall be the aggregate of all amounts to be paid for labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously or in close sequence.
     (b) The small works roster process in RCW 39.04.155 or ((under)) any other competitive procedure authorized for school districts may be used in lieu of the formal bidding procedure in (a) of this subsection. One or more school districts may authorize an educational service district to establish and operate a small works roster for the school district under the provisions of RCW 39.04.155.
     (((5) The contract for the work or purchase shall be awarded to the lowest responsible bidder as defined in RCW 43.19.1911 but the board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call. On any work or purchase the board shall provide bidding information to any qualified bidder or the bidder's agent, requesting it in person.
     (6))) (3) In the event of any emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the board declaring the existence of such an emergency and reciting the facts constituting the same, the board may waive the requirements of this section with reference to any purchase or public works contract((: PROVIDED, That)). An "emergency," for the purposes of this section, means a condition likely to result in immediate physical injury to persons or to property of the school district in the absence of prompt remedial action.
     (((7))) (4) This section does not apply to the direct purchase of school buses by school districts and educational services in accordance with RCW 28A.160.195.
     (((8))) (5) This section does not apply to the purchase of Washington grown food. (((9))) At the discretion of the board, a school district may develop and implement policies and procedures to facilitate and maximize to the extent practicable, purchases of Washington grown food including, but not limited to, policies that permit a percentage price preference for the purpose of procuring Washington grown food. (((10))) As used in this ((section)) subsection, "Washington grown" has the definition in RCW 15.64.060. (((11))) As used in this ((section)) subsection, "price percentage preference" means the percent by which a responsive bid from a responsible bidder whose product is a Washington grown food may exceed the lowest responsive bid submitted by a responsible bidder whose product is not a Washington grown food.