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ENGROSSED SENATE BILL NO. 4206
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AS AMENDED BY THE HOUSE
C 324 L 85
State of Washington 49th Legislature 1985 Regular Session
By Senators Gaspard, Hayner and Johnson
Read first time 2/8/85 and referred to Committee on Education.
AN ACT Relating to school bidding procedures; and amending RCW 28A.58.135.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 28A.58.135, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 61, Laws of 1980 and RCW 28A.58.135 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 ((ten))
twenty 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 therefor 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-five))
seventy-five hundred 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-five)) seventy-five
hundred 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-five)) seventy-five
hundred dollars up to ((ten)) twenty 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 ((ten)) twenty thousand
dollars, the public bidding process provided in subsection (1) of this section
shall be followed.
(3) Every
building, improvement, repair or other public works project, the cost of which
is estimated to be in excess of ((forty-five)) seventy-five
hundred dollars, shall be on a competitive bid process. All such projects
estimated to be less than ((ten)) twenty thousand dollars may be
awarded to a contractor on the small works roster. The small works roster
shall be comprised of all responsible contractors who have requested to be on
the list. The board of directors shall establish a procedure for securing
telephone and/or written quotations from the contractors on the small works
roster to assure establishment of a competitive price and for awarding
contracts to the lowest responsible bidder. Such procedure shall require that
a good faith effort be made to request quotations from all contractors on the
small works roster who have indicated the capability of performing the kind of
public works being contracted. Immediately after an award is made, the bid
quotations obtained shall be recorded, open to public inspection, and available
by telephone inquiry. The small works roster shall be revised at least once
each year by publishing notice of such opportunity in at least one newspaper of
general circulation in the district. Responsible contractors shall be added to
the list at any time they submit a written request. Whenever the estimated
cost of a public works project is ((ten)) twenty thousand dollars
or more, the public bidding process provided in subsection (1) of this section
shall be followed.
(4) The
contract for the work or purchase shall be awarded to the lowest responsible
bidder as defined in RCW 43.19.1911((: PROVIDED, That when bids have been
solicited in the manner provided for in subsections (2) or (3) of this section
and there is reason to believe that the lowest acceptable bid is not the best
obtainable, all bids may be rejected, and the board may call for new bids. Any
or all bids may be rejected for good cause)) 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 his agent, requesting it
in person.
(5) 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.