1998 Bid Law Changes
New Bid Law Flow Charts
by John Carpita, MRSC Public Works Consultant
September 1998
The 1998 legislature amended state laws relating to exemptions from competitive bidding and small works roster procedures. Substitute House Bill 2077 (Chapter 278, Laws of 1998), which contains these changes, was effective on June 11, 1998.
Exemptions from Competitive Bidding
SHB 2077 adds a new section (as yet uncodified) to chapter 39.04 RCW that consolidates and provides uniform exemptions to competitive bidding requirements that apply to municipalities when awarding contracts for public works and for purchases. It provides that competitive bidding procedures may be waived by resolution of the governing body of the municipality for:
- purchases that are clearly and legitimately limited to a single source of supply;
- purchases involving special facilities or market conditions;
- purchases in the event of an emergency;
- purchases of insurance or bonds; and
- public works contracts in the event of an emergency.
The governing body may waive competitive bidding procedures under the above circumstances by adopting either a resolution at the time of contracting or by previously adopted written policies. A resolution must state the factual basis for the exception. If written policies are used to waive competitive bidding requirements, the contract and the factual basis for the exception must be recorded and open to public inspection immediately after the contract is awarded.
The legislation defines emergency, uniformly for all municipalities, as unforseen circumstances beyond the control of the municipality that either: (1) present a real, immediate threat to the proper performance of essential functions; or (2) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.
The intent of this new section is to supplement and not to limit the authority of any municipality to provide exemptions from competitive bidding requirements, as statutes governing a specific type of municipality may also include other exemptions from competitive bidding requirements.
Two new quick reference flow charts for purchasing and bidding in Washington cities and counties are included in this MRSC Focus issue. The flow chart on purchasing in Washington counties was prepared by Christine Mudgett on the staff of the County Road Administration Board ((360)753-5989. The flow chart on purchasing in Washington cities was prepared by John Carpita, MRSC Public Works Consultant.
The documents listed below are in Adobe Acrobat format. You will need to have the Adobe Acrobat Reader 3.0 installed on your computer to view or download them. The Reader is free, and may be downloaded from the Adobe Web site.
- Purchasing in Washington
Counties Flow Chart - What Kind of Contract is it? (
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- Purchasing in Washington
Cities Flow Chart - What Kind of Purchase or Contract is it? ()
Small Works Roster
The Legislature also made a minor, but noteworthy change in the small works roster procedures. SHB 2077 amends RCW 39.04.155(2) to make it clear that a municipality need not include detailed plans and specifications when inviting quotations from contractors on the small works roster. The invitations for quotations still must include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. The intent of thisamendment is to make it less onerous to use the small works roster for projects such as maintenance overlays, street rEconstructions, main replacements, and sidewalk/curb and gutter repairs or replacements. There are usually no design issues in these types of projects, as the work merely restores an existing condition and is governed by standard plan details.