Insofar as practicable, all purchases and sales shall be based on
competitive bids, and a formal sealed, electronic, or web-based
bid procedure, subject to RCW 43.19.1911, shall be used as
standard procedure for all purchases and contracts for purchases
and sales executed by the state purchasing and material control
director and under the powers granted by RCW 43.19.190 through 43.19.1939. This requirement also applies to purchases and
contracts for purchases and sales executed by agencies, including
educational institutions, under delegated authority granted in
accordance with provisions of RCW 43.19.190 or under RCW 28B.10.029. However, formal sealed, electronic, or web-based
competitive bidding is not necessary for:
(1) Emergency purchases made pursuant to RCW 43.19.200 if
the sealed bidding procedure would prevent or hinder the
emergency from being met appropriately;
(2) Purchases not exceeding thirty-five thousand dollars, or
subsequent limits as calculated by the office of financial
management: PROVIDED, That the state director of general
administration shall establish procedures to assure that
purchases made by or on behalf of the various state agencies
shall not be made so as to avoid the thirty-five thousand dollar
bid limitation, or subsequent bid limitations as calculated by
the office of financial management: PROVIDED FURTHER, That the
state purchasing and material control director is authorized to
reduce the formal sealed bid limits of thirty-five thousand
dollars, or subsequent limits as calculated by the office of
financial management, to a lower dollar amount for purchases by
individual state agencies if considered necessary to maintain
full disclosure of competitive procurement or otherwise to
achieve overall state efficiency and economy in purchasing and
material control. Quotations from three thousand dollars to
thirty-five thousand dollars, or subsequent limits as calculated
by the office of financial management, shall be secured from at
least three vendors to assure establishment of a competitive
price and may be obtained by telephone or written quotations, or
both. The agency shall invite at least one quotation each from a
certified minority and a certified women-owned vendor who shall
otherwise qualify to perform such work. Immediately after the
award is made, the bid quotations obtained shall be recorded and
open to public inspection and shall be available by telephone
inquiry. A record of competition for all such purchases from
three thousand dollars to thirty-five thousand dollars, or
subsequent limits as calculated by the office of financial
management, shall be documented for audit purposes. Purchases up
to three thousand dollars may be made without competitive bids
based on buyer experience and knowledge of the market in
achieving maximum quality at minimum cost;
(3) Purchases which are clearly and legitimately limited to
a single source of supply and purchases involving special
facilities, services, or market conditions, in which instances
the purchase price may be best established by direct negotiation;
(4) Purchases of insurance and bonds by the risk management
division under RCW 43.41.310;
(5) Purchases and contracts for vocational rehabilitation
clients of the department of social and health services:
PROVIDED, That this exemption is effective only when the state
purchasing and material control director, after consultation with
the director of the division of vocational rehabilitation and
appropriate department of social and health services procurement
personnel, declares that such purchases may be best executed
through direct negotiation with one or more suppliers in order to
expeditiously meet the special needs of the state's vocational
rehabilitation clients;
(6) Purchases by universities for hospital operation or
biomedical teaching or research purposes and by the state
purchasing and material control director, as the agent for state
hospitals as defined in RCW 72.23.010, and for health care
programs provided in state correctional institutions as defined
in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for
materials, supplies, and equipment entered into by nonprofit
cooperative hospital group purchasing organizations;
(7) Purchases for resale by institutions of higher education
to other than public agencies when such purchases are for the
express purpose of supporting instructional programs and may best
be executed through direct negotiation with one or more suppliers
in order to meet the special needs of the institution;
(8) Purchases by institutions of higher education not
exceeding thirty-five thousand dollars: PROVIDED, That for
purchases between three thousand dollars and thirty-five thousand
dollars quotations shall be secured from at least three vendors
to assure establishment of a competitive price and may be
obtained by telephone or written quotations, or both. For
purchases between three thousand dollars and thirty-five thousand
dollars, each institution of higher education shall invite at
least one quotation each from a certified minority and a
certified women-owned vendor who shall otherwise qualify to
perform such work. A record of competition for all such
purchases made from three thousand to thirty-five thousand
dollars shall be documented for audit purposes; and
(9) Negotiation of a contract by the department of
transportation, valid until June 30, 2001, with registered tow
truck operators to provide roving service patrols in one or more
Washington state patrol tow zones whereby those registered tow
truck operators wishing to participate would cooperatively, with
the department of transportation, develop a demonstration project
upon terms and conditions negotiated by the parties.
Beginning on July 1, 1995, and on July 1 of each succeeding
odd-numbered year, the dollar limits specified in this section
shall be adjusted as follows: The office of financial management
shall calculate such limits by adjusting the previous biennium's
limits by the appropriate federal inflationary index reflecting
the rate of inflation for the previous biennium. Such amounts
shall be rounded to the nearest one hundred dollars. However,
the three thousand dollar figure in subsections (2) and (8) of
this section may not be adjusted to exceed five thousand dollars.
[2006 c 363 § 1; 2002 c 332 § 4. Prior: 1999 sp.s. c 1 § 606; 1999 c 195 § 1; 1999 c 106 § 1; 1995 c 269 § 1404; 1994 c 300 § 1; 1993 c 379 § 103; 1992 c 85 § 1; prior: 1987 c 81 § 1; 1987 c 70 § 2; 1985 c 342 § 1; 1984 c 102 § 3; 1983 c 141 § 1; 1980 c 103 § 2; 1979 ex.s. c 14 § 1; 1977 ex.s. c 270 § 5; 1975-'76 2nd ex.s. c 21 § 8; 1965 c 8 § 43.19.1906; prior: 1959 c 178 § 4.]
NOTES:
Intent -- Effective date -- 2002 c 332: See notes following RCW 43.41.280.
Severability -- 1999 sp.s. c 1: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1999 sp.s. c 1 § 619.]
Effective date -- 1999 sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 27, 1999]." [1999 sp.s. c 1 § 620.]
Effective date -- 1995 c 269: See note following RCW 9.94A.850.
Part headings not law -- Severability -- 1995 c 269: See notes following RCW 13.40.005.
Intent -- Severability -- Effective date -- 1993 c 379: See notes following RCW 28B.10.029.
Findings -- 1984 c 102: See note following RCW 43.19.200.
Severability -- 1980 c 103: See note following RCW 43.19.190.
Construction -- 1977 ex.s. c 270: See RCW 43.41.901.
Severability -- 1975-'76 2nd ex.s. c 21: See note following RCW 43.19.180.