Chapter 39.30 RCW

CONTRACTSINDEBTEDNESS LIMITATIONSCOMPETITIVE BIDDING VIOLATIONS

Sections

39.30.010Executory conditional sales contracts for purchase of propertyLimit on indebtednessElection, when.
39.30.020Contracts requiring competitive bidding or procurement of servicesViolations by municipal officerPenalties.
39.30.040PurchasesCompetitive biddingConsideration of tax revenuesPurchase of recycled or reused materials or productsDefinitions.
39.30.045Purchase at auctions.
39.30.050Contracts to require use of paper products meeting certain specifications.
39.30.060Bids on public worksIdentification, substitution of subcontractors.
39.30.070ExceptionsContracts or development agreements related to stadium and exhibition center.


Executory conditional sales contracts for purchase of propertyLimit on indebtednessElection, when.

Any city or town or metropolitan park district or county or library district may execute an executory conditional sales contract with a county or counties, the state or any of its political subdivisions, the government of the United States, or any private party for the purchase of any real or personal property, or property rights in connection with the exercise of any powers or duties which they now or hereafter are authorized to exercise, if the entire amount of the purchase price specified in such contract does not result in a total indebtedness in excess of three-fourths of one percent of the value of the taxable property in such library district or the maximum amount of nonvoter-approved indebtedness authorized in such county, city, town, or metropolitan park district. If such a proposed contract would result in a total indebtedness in excess of this amount, a proposition in regard to whether or not such a contract may be executed shall be submitted to the voters for approval or rejection in the same manner that bond issues for capital purposes are submitted to the voters. Any city or town or metropolitan park district or county or library district may jointly execute contracts authorized by this section, if the entire amount of the purchase price does not result in a joint total indebtedness in excess of the nonvoter-approved indebtedness limitation of any city, town, metropolitan park district, county, or library district that participates in the jointly executed contract. The term "value of the taxable property" shall have the meaning set forth in RCW 39.36.015.

NOTES:

SeverabilityEffective date1970 ex.s. c 42: See notes following RCW 39.36.015.



Contracts requiring competitive bidding or procurement of servicesViolations by municipal officerPenalties.

In addition to any other remedies or penalties contained in any law, municipal charter, ordinance, resolution or other enactment, any municipal officer by or through whom or under whose supervision, in whole or in part, any contract is made in willful and intentional violation of any law, municipal charter, ordinance, resolution or other enactment requiring competitive bidding or procurement procedures for consulting, architectural, engineering, or other services, upon such contract shall be held liable to a civil penalty of not less than three hundred dollars and may be held liable, jointly and severally with any other such municipal officer, for all consequential damages to the municipal corporation. If, as a result of a criminal action, the violation is found to have been intentional, the municipal officer shall immediately forfeit his or her office. For purposes of this section, "municipal officer" means an "officer" or "municipal officer" as those terms are defined in RCW 42.23.020(2).

NOTES:

Contracts by cities or towns, bidding requirements: RCW 35.23.352.



PurchasesCompetitive biddingConsideration of tax revenuesPurchase of recycled or reused materials or productsDefinitions.

(1) Whenever a unit of local government is required to make purchases from the lowest bidder or from the supplier offering the lowest price for the items desired to be purchased, the unit of local government may, at its option when awarding a purchase contract, take into consideration tax revenue it would receive from purchasing the supplies, materials, or equipment from a supplier located within its boundaries. The unit of local government must award the purchase contract to the lowest bidder after such tax revenue has been considered. However, any local government may allow for preferential purchase of products made from recycled materials or products that may be recycled or reused. Any unit of local government which considers tax revenue it would receive from the imposition of taxes upon a supplier located within its boundaries must also consider tax revenue it would receive from taxes it imposes upon a supplier located outside its boundaries.
(2) A unit of local government may award a contract to a bidder submitting the lowest bid before taxes are applied. The unit of local government must provide notice of its intent to award a contract based on this method prior to bids being submitted. For the purposes of this subsection (2), "taxes" means only those taxes that are included in "tax revenue" as defined in this section.
(3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Tax revenue" means sales taxes that units of local government impose upon the sale of supplies, materials, or equipment from the supplier to units of local government, and business and occupation taxes that units of local government impose upon the supplier that are measured by the gross receipts of the supplier from the sale.
(b) "Unit of local government" means any county, city, town, metropolitan municipal corporation, public transit benefit area, county transportation authority, or other municipal or quasi-municipal corporation authorized to impose sales and use taxes or business and occupation taxes.



Purchase at auctions.

Any municipality, as defined in RCW 39.04.010, may purchase any supplies, equipment, or materials at auctions conducted by the government of the United States or any agency thereof, any agency of the state of Washington, any municipality or other government agency, or any private party without being subject to public bidding requirements if the items can be obtained at a competitive price.

NOTES:

PurposeCaptions not law1991 c 363: See notes following RCW 2.32.180.



Contracts to require use of paper products meeting certain specifications.

Any contract by a governmental unit shall require the use of paper products to the maximum extent economically feasible that meet the specifications established by the department of enterprise services under RCW 39.26.255.

NOTES:




Bids on public worksIdentification, substitution of subcontractors.

(1) Every invitation to bid on a prime contract that is expected to cost one million dollars or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010 or an institution of higher education as defined under RCW 28B.10.016 shall require each prime contract bidder to submit as part of the bid, or within one hour after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The prime contract bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void.
(2) Substitution of a listed subcontractor in furtherance of bid shopping or bid peddling before or after the award of the prime contract is prohibited and the originally listed subcontractor is entitled to recover monetary damages from the prime contract bidder who executed a contract with the public entity and the substituted subcontractor but not from the public entity inviting the bid. It is the original subcontractor's burden to prove by a preponderance of the evidence that bid shopping or bid peddling occurred. Substitution of a listed subcontractor may be made by the prime contractor for the following reasons:
(a) Refusal of the listed subcontractor to sign a contract with the prime contractor;
(b) Bankruptcy or insolvency of the listed subcontractor;
(c) Inability of the listed subcontractor to perform the requirements of the proposed contract or the project;
(d) Inability of the listed subcontractor to obtain the necessary license, bonding, insurance, or other statutory requirements to perform the work detailed in the contract; or
(e) The listed subcontractor is barred from participating in the project as a result of a court order or summary judgment.
(3) The requirement of this section to name the prime contract bidder's proposed HVAC, plumbing, and electrical subcontractors applies only to proposed HVAC, plumbing, and electrical subcontractors who will contract directly with the prime contract bidder submitting the bid to the public entity.
(4) This section does not apply to job order contract requests for proposals under *RCW 39.10.130.

NOTES:

*Reviser's note: RCW 39.10.130 was recodified as RCW 39.10.420 pursuant to 2007 c 494 § 511, effective July 1, 2007.
Intent2002 c 163: "This act is intended to discourage bid shopping and bid peddling on Washington state public building and works projects." [ 2002 c 163 § 1.]
Application1994 c 91: "This act applies prospectively only and not retroactively. It applies only to invitations to bid issued on or after June 9, 1994." [ 1994 c 91 § 2.]
Application1993 c 378: "This act applies prospectively only and not retroactively. It applies only to invitations to bid issued on or after July 25, 1993." [ 1993 c 378 § 2.]



ExceptionsContracts or development agreements related to stadium and exhibition center.

This chapter does not apply to contracts entered into under RCW 36.102.060(4) or development agreements entered into under RCW 36.102.060(7).
[1997 c 220 § 403 (Referendum Bill No. 48, approved June 17, 1997).]

NOTES:

ReferendumOther legislation limitedLegislators' personal intent not indicatedReimbursements for electionVoters' pamphlet, election requirements1997 c 220: See RCW 36.102.800 through 36.102.803.