ESHB 1633 -
By Committee on Early Learning & K-12 Education
ADOPTED 04/12/2013
Strike everything after the enacting clause and insert the following:
"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)) threshold
levels specified in subsections (2) and (4) of this section, 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) Every purchase of furniture, equipment, or supplies, except
books, the cost of which is estimated to be in excess of forty 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 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) 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) ((Every building, improvement, repair or other public works
project, the cost of which is estimated to be in excess of forty
thousand dollars, shall be on a competitive bid process.)) The board
may make improvements or repairs to the property of the district
through a department within the district without following the public
bidding process provided in subsection (1) of this section when the
total of such improvements or repairs does not exceed the sum of
seventy-five thousand dollars. Whenever the estimated cost of a
building, improvement, repair, or other 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 the small works roster process in RCW 39.04.155 or under
any other procedure authorized for school districts. 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)) described in RCW
((43.19.1911)) 39.26.160(2) 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) 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 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) 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) 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, "Washington grown" has the definition
in RCW 15.64.060.
(11) As used in this section, "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."
ESHB 1633 -
By Committee on Early Learning & K-12 Education
ADOPTED 04/12/2013
On page 1, line 2 of the title, after "projects;" strike the remainder of the title and insert "and amending RCW 28A.335.190."
EFFECT: The threshold for school district improvements and repairs that require competitive bidding is increased from $40,000 to $75,000.