RCW 39.10.310
Design-build procedure -- Negotiated adjustments to lowest bid or proposal -- When allowed.

Notwithstanding the provisions of RCW 39.04.015, a public body using the design-build contracting procedure is authorized to negotiate an adjustment to the lowest bid or proposal price for a public works project based upon agreed changes to the contract plans and specifications under the following conditions:

     (1) All responsive bids or proposal prices exceed the available funds, as certified by an appropriate fiscal officer;

     (2) The apparent low-responsive bid or proposal does not exceed the available funds by the greater of one hundred twenty-five thousand dollars or two percent for projects valued over ten million dollars; and

     (3) The negotiated adjustment will bring the bid or proposal price within the amount of available funds.

[2007 c 494 § 202; 1994 c 132 § 8. Formerly RCW 39.10.080.]

NOTES:

     Sunset Act application: See note following chapter digest.