A joint operating agency shall require that bids upon any construction or improvement of any nuclear generating project and associated facilities shall be made upon the contract bid form supplied by the operating agency, and in no other manner. The operating agency may, before furnishing any person, firm, or corporation desiring to bid upon any work with a contract bid form, require from the person, firm, or corporation, answers to questions contained in a standard form of questionnaire and financial statement, including a complete statement of the financial ability and experience of the person, firm, or corporation in performing work. The questionnaire shall be sworn to before a notary public or other person authorized to take acknowledgement of deeds and shall be submitted once a year or at such other times as the operating agency may require. Whenever the operating agency is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement or whenever the operating agency determines that the person, firm, or corporation does not meet all of the requirements set forth in this section, it may refuse to furnish the person, firm, or corporation with a contract bid form and any bid of the person, firm, or corporation must be disregarded. The operating agency shall require that a person, firm, or corporation have all of the following requirements in order to obtain a contract form:

     (1) Adequate financial resources, the ability to secure these resources, or the capability to secure a one hundred percent payment and performance bond;

     (2) The necessary experience, organization, and technical qualifications to perform the proposed contract;

     (3) The ability to comply with the required performance schedule taking into consideration all of its existing business commitments;

     (4) A satisfactory record of performance, integrity, judgment, and skills; and

     (5) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

     The refusal shall be conclusive unless appealed to the superior court of the county where the operating agency is situated or Thurston county within fifteen days, which appeal shall be heard summarily within ten days after the appeal is made and on five days' notice thereof to the operating agency.

     The prevailing party in such litigation shall be awarded its attorney fees and costs.

     The operating agency shall not be required to make available for public inspection or copying under chapter 42.56 RCW financial information provided under this section.

[2005 c 274 § 300; 1982 1st ex.s. c 44 § 5.]

NOTES:

     Part headings not law -- Effective date--2005 c 274: See RCW 42.56.901 and 42.56.902.

     Severability -- 1982 1st ex.s. c 44: "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." [1982 1st ex.s. c 44 § 10.]