Chapter 3.05
PURCHASING AND CONTRACT PROCEDURES
Sections:
3.05.030 Small works roster procedure.
Prior legislation: Resos. 81-12, 99-17, 99-18 and 2005-37.
3.05.010 Purchase of materials, supplies or equipment not connected to a public works project in an amount of $10,000 or less.
The county is not required to use informal or formal sealed bidding procedures or the procedures set forth in this chapter to purchase materials, supplies, or equipment where the cost of same will not exceed $10,000. The county will attempt to obtain the lowest practical price for such goods and services. [Res. 2019-06 § 1.]
3.05.020 Purchase of materials, supplies or equipment not connected to a public works project in an amount between $10,000 and $50,000.
The following vendor list procedures are established for use by the county pursuant to RCW 36.32.235, 36.36.250, 36.77.075 and 39.04.190:
A. Publication of Notice. At least twice a year, the county shall publish, in the county’s official newspaper, notice of the existence of a roster(s) of vendors for materials, supplies, and equipment, and shall solicit names of vendors for the roster.
B. Electronic Rosters. In addition to paper and/or electronic vendor lists kept on file in the appropriate department, the county may also use that statewide electronic database developed and maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington (MRSC Rosters).
C. Telephone Quotations. The county shall use the following process to obtain telephone quotations from vendors for the purchase of materials, supplies, or equipment:
1. A written description shall be drafted of the specific materials, supplies, or equipment to be purchased, including the number, quantity, quality, and type desired, the proposed delivery date, and any other significant terms of purchase;
2. A county representative shall make a good faith effort to contact at least three of the vendors on the roster to obtain telephone solicitation quotations from the vendors for the required materials, supplies, or equipment;
3. The county representative shall not share telephone quotations from one vendor with other vendors solicited for the bid on the materials, supplies, or equipment;
4. A written record shall be made by the county representative of each vendor’s bid on the material, supplies, or equipment, and of any conditions imposed on the bid by such vendor;
5. The county representative shall present to the board all telephone quotations and a recommendation for award of the contract to the lowest responsible bidder.
D. Determining the Lowest Responsible Bidder. The county shall purchase the materials, supplies or equipment from the lowest responsible bidder; provided, that whenever there is reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the county may call for new bids.
E. Award. The board shall review quotations and recommendation by staff and award the contract to the lowest responsible bidder. A written record of each vendor’s quotations shall be made open to public inspection or telephone inquiry after the award of the contract. Any contract awarded under this subsection need not be advertised.
F. Posting. A list of all contracts awarded under these procedures shall be posted at county main administrative offices once every two months. The list shall contain the name of the vendor awarded the contract, the amount of the contract, a brief description of the items purchased, and the date it was awarded. [Res. 2019-06 § 2.]
3.05.030 Small works roster procedures.
The following small works roster procedures are established for use by the county pursuant to RCW 36.32.235, 36.36.250, 36.77.075 and 39.04.155:
A. Cost. The county need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed $300,000, or the current statutory limit in RCW 39.04.155, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the county may use the small works roster procedures for public works projects as set forth herein.
The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process.
B. Number of Rosters. The county may create a single general small works roster, or may create a small works roster for different specialties or categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor.
C. Contractors on Small Works Roster(s). The small works roster(s) shall consist of all responsible contractors who have requested to be on the roster(s), and where required by law are properly licensed or registered to perform such work in this state. Contractors desiring to be placed on a roster or rosters must keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the county as a condition of being placed on a roster or rosters.
D. Publication. At least once a year, the county shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to an appropriate roster or rosters at any time that they submit a written request and necessary records. The county may require master contracts to be signed that become effective when a specific award is made using a small works roster. An interlocal contract or agreement between Columbia County and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the small works roster provisions.
E. Electronic Rosters. In addition to paper and/or electronic rosters kept on file in the appropriate department, the county may also use that statewide electronic database developed and maintained by the Municipal Research and Services Center of Washington (MRSC Rosters).
F. Telephone or Written Quotations. The county shall obtain telephone, written or electronic quotations for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 39.04.010 and 39.04.350, as follows:
1. A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes.
2. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors, when possible, on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster.
If the estimated cost of the work is from $150,000 to $300,000, the county may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The county has the sole option of determining whether this notice to the remaining contractors is made by:
a. Publishing notice in a legal newspaper in general circulation in the area where the work is to be done;
b. Mailing a notice to these contractors; or
c. Sending a notice to these contractors by facsimile or other electronic means.
3. For purposes of this resolution, “equitably distribute” means that the county may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. At the time bids are solicited, the county representative shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project.
4. A written record shall be made by the county representative of each contractor’s bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry.
G. Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than $35,000, the county may award such a contract using the limited public works process provided under RCW 39.04.155(3). For a limited public works project, the county will solicit electronic or written quotations from a minimum of three contractors, when possible, from the appropriate small works roster and shall award the contract to the lowest responsible bidder, as defined under RCW 39.04.010 and 39.04.350. After an award is made, the quotations shall be open to public inspection and available by electronic request.
For limited public works projects, the county may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under RCW Title 82 that may be due from the contractor for the limited public works project. However, the county shall have the right of recovery against the contractor for any payments made on the contractor’s behalf.
The county shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor’s registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded.
H. Small Business Incentives (RCW 39.04.155(5)). An agency may use the limited public works process of RCW 39.04.155(3) to solicit from and award small works roster contracts to small businesses that are registered contractors with gross revenues under $1,000,000 annually as reported on their federal tax returns. An agency may adopt additional procedures to encourage small businesses that are registered contractors with gross revenues under $250,000 annually as reported on their federal tax returns to submit quotations or bids on small works roster contracts.
I. Determining Lowest Responsible Bidder. The board shall award the contract for the public works project to the lowest responsible bidder; provided, that whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the board may call for new bids. A responsible bidder will be a contractor who meets the mandatory requirements of RCW 39.04.350(1) and any supplemental bidder responsibility criteria established for the project under RCW 39.04.350(2).
J. Award. The public works director or his designee shall present all telephone quotations/bids and recommendation for award of the contract to the lowest responsible bidder to the board. However, for public works projects under $300,000, the public works director shall have the authority to award public works contracts without board approval, provided the public works project is included within an adopted budget. For public works projects over $300,000, the board shall award all public works contracts by resolution. [Res. 2019-06 § 3.]