(1) All work ordered, the estimated cost of which is in
excess of ten thousand dollars, shall be let by contract and
competitive bidding. Before awarding any such contract the board
of commissioners shall publish a notice in a newspaper of general
circulation where the district is located at least once thirteen
days before the last date upon which bids will be received,
inviting sealed proposals for such work, plans and specifications
which must at the time of publication of such notice be on file
in the office of the board of commissioners subject to the public
inspection. The notice shall state generally the work to be done
and shall call for proposals for doing the same to be sealed and
filed with the board of commissioners on or before the day and
hour named therein.
Each bid shall be accompanied by a certified or cashier's
check or postal money order payable to the order of the county
treasurer for a sum not less than five percent of the amount of
the bid, or accompanied by a bid bond in an amount not less than
five percent of the bid with a corporate surety licensed to do
business in the state, conditioned that the bidder will pay the
district as liquidated damages the amount specified in the bond,
unless the bidder enters into a contract in accordance with the
bidder's bid, and no bid shall be considered unless accompanied
by such check, cash or bid bond. At the time and place named
such bids shall be publicly opened and read and the board of
commissioners shall proceed to canvass the bids and may let such
contract to the lowest responsible bidder upon plans and
specifications on file or to the best bidder submitting the
bidder's own plans and specifications. The board of
commissioners may reject all bids for good cause and readvertise
and in such case all checks, cash or bid bonds shall be returned
to the bidders. If the contract is let, then all checks, cash,
or bid bonds shall be returned to the bidders, except that of the
successful bidder, which shall be retained until a contract shall
be entered into for doing the work, and a bond to perform such
work furnished with sureties satisfactory to the board of
commissioners in the full amount of the contract price between
the bidder and the commission in accordance with the bid. If the
bidder fails to enter into the contract in accordance with the
bid and furnish the bond within ten days from the date at which
the bidder is notified that the bidder is the successful bidder,
the check, cash, or bid bonds and the amount thereof shall be
forfeited to the district. If the bidder fails to enter into a
contract in accordance with the bidder's bid, and the board of
commissioners deems it necessary to take legal action to collect
on any bid bond required by this section, then the district shall
be entitled to collect from the bidder any legal expenses,
including reasonable attorneys' fees occasioned thereby. A low
bidder who claims error and fails to enter into a contract is
prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project.
(2) As an alternative to requirements under subsection (1)
of this section, a water-sewer district may let contracts using
the small works roster process under RCW 39.04.155.
(3) Any purchase of materials, supplies, or equipment, with
an estimated cost in excess of ten thousand dollars, shall be by
contract. Any purchase of materials, supplies, or equipment,
with an estimated cost of less than fifty thousand dollars shall
be made using the process provided in RCW 39.04.190. Any
purchase of materials, supplies, or equipment with an estimated
cost of fifty thousand dollars or more shall be made by
competitive bidding following the procedure for letting contracts
for projects under subsection (1) of this section.
(4) As an alternative to requirements under subsection (3)
of this section, a water-sewer district may let contracts for
purchase of materials, supplies, or equipment with the suppliers
designated on current state agency, county, city, or town
purchasing rosters for the materials, supplies, or equipment,
when the roster has been established in accordance with the
competitive bidding law for purchases applicable to the state
agency, county, city, or town. The price and terms for purchases
shall be as described on the applicable roster.
(5) The board may waive the competitive bidding requirements
of this section pursuant to RCW 39.04.280 if an exemption
contained within that section applies to the purchase or public
work.
[2003 c 145 § 1; 2003 c 60 § 1; 2000 c 138 § 212; 1999 c 153 § 9; 1998 c 278 § 8; 1997 c 245 § 4. Prior: 1996 c 230 § 311; 1996 c 18 § 14; 1994 c 31 § 2; prior: 1993 c 198 § 21; 1993 c 45 § 8; 1989 c 105 § 2; 1987 c 309 § 2; 1985 c 154 § 2; 1983 c 38 § 2; 1979 ex.s. c 137 § 2; 1975 1st ex.s. c 64 § 2; 1965 c 72 § 1; 1947 c 216 § 2; 1929 c 114 § 21; Rem. Supp. 1947 § 11598. Cf. 1913 c 161 § 20.]
NOTES:
Reviser's note: This section was amended by 2003 c 60 § 1 and by 2003 c 145 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Purpose -- Part headings not law -- 2000 c 138: See notes following RCW 39.04.155.
Part headings not law -- 1999 c 153: See note following RCW 57.04.050.
Part headings not law -- Effective date -- 1996 c 230: See notes following RCW 57.02.001.