Chapter 3.55 BIDDING AND PURCHASING PROCEDURES

Chapter 3.55
BIDDING AND PURCHASING PROCEDURES

Sections:

3.55.010 Purpose.

3.55.015 Definitions.

3.55.020 Exemptions.

3.55.030 Provisions mandatory.

3.55.040 Multiyear contracts authorized.

3.55.050 Advertisement and bidding for public works contracts.

3.55.060 Advertisement and bidding for non-public works contracts.

3.55.070 Purchasing and bidding procedures.

3.55.075 Procurement involving federal funds.

3.55.080 Conflicts of interest.

3.55.010 Purpose.

It shall be the purpose of this chapter to establish a purchasing system to work with all county departments, agencies, boards and commissions, and other operations of the county; to ensure efficiency in procurement of supplies and equipment of the necessary quality; at the lowest possible cost to ensure compliance with federal and state purchasing statutes, regulations, policies and procedures; as currently enacted or as later amended; and to ensure efficient utilization of county property, new and used. [Ord. 11-25 (App. A)]

3.55.015 Definitions.

(1) “CFR” means the federal Code of Federal Regulations, as currently enacted or as later amended.

(2) “RCW” means the Revised Code of Washington, as currently enacted or may be amended in the future.

(3) “SAT” means simplified acquisition threshold and has the same meaning as defined in 2 CFR §200.200.1.

(4) “Small works roster” means the pre-established list of responsible contractors interested in competing for small public works projects identified in JCC 3.55.070(1).

(5) “U.S.C.” means the U.S. Code, as currently enacted or may be amended in the future. [Ord. 11-25 (App. A)]

3.55.020 Exemptions.

(1) The following are exempt from the bidding provisions of this chapter: purchases of goods and services made pursuant to:

(a) RCW 39.04.270 (electronic data processing and telecommunications by competitive negotiation);

(b) RCW 39.04.280 (sole source suppliers, public work during emergencies, purchase of insurance bonds, purchases involving special facilities or market conditions);

(d) Chapter 39.34 RCW (Interlocal Cooperation Act);

(e) RCW 39.30.045 (purchases at auctions);

(f) RCW 36.72.075 (official county newspaper);

(g) Grants by the county to nonprofit organizations through grant agreements that include services to be provided by the nonprofit organization;

(h) License agreements;

(i) Employment agreements;

(j) Real estate purchase agreements; and

(k) Real estate leases.

(2) Nothing in this chapter shall impose requirements for competitive bidding where none exist under state law to purchase public works; goods, equipment, supplies, or materials not connected with a public works project; or architecture, engineering, landscape architecture, or surveying services.

(3) Nothing in this chapter shall prohibit the solicitation of requests for proposals, requests for qualifications, or competitive bids, when the purchases of goods and services are exempt from bidding provisions under this chapter or state law. [Ord. 11-25 (App. A)]

3.55.030 Provisions mandatory.

(1) Except as provided in this chapter, it shall be unlawful for any county official to make any purchase within the scope of this chapter contrary to the provisions thereof and any such purchase shall be ultra vires and the county shall not be bound thereby unless so approved by the board of county commissioners.

(2) This chapter is in addition to, and supplements, all applicable state and federal requirements as to bidding and purchasing procedures.

(3) The county, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, affirmatively ensures that any contract entered into pursuant to its bidding and purchasing procedures affords disadvantaged business enterprises full and fair opportunity to submit bids in response to invitation and they will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. [Ord. 11-25 (App. A)]

3.55.040 Multiyear contracts authorized.

(1) In no event shall contracts exceed five years in length, unless a longer length is authorized by statute or authorized by the board of county commissioners, or the types of contracts listed below when the nature of the contract warrants a longer term:

(a) Employment agreements;

(b) Energy conservation contracts;

(d) License agreements;

(e) Proprietary services or supplies required for a particular technology;

(f) Real estate purchase agreements;

(g) Real estate leases;

(h) Software licenses or software maintenance agreements; or

(i) Solid waste long-haul, recycling or disposal agreements.

(2) Contracts which are let for a term less than five years may be extended, for a total term not to exceed five years, without the necessity of complying with the bid solicitation processes contained in this chapter, but only if the additional years were requested to be bid in the bid specifications or if contract extension language is included in the original contract. [Ord. 11-25 (App. A)]

3.55.050 Advertisement and bidding for public works contracts.

(1) The small works roster may be used to award contracts for construction, building, renovation, remodeling, alteration, repair or improvements of real property where the estimated cost does not exceed $350,000, excluding state sales tax (or the most current limit set forth in RCW 39.04.152, if higher).

(2) If a public work, construction, alteration, repair, or improvement project is estimated to cost less than $150,000, excluding state sales tax (or the most current limit set by RCW 39.04.152, if higher), the county may utilize the direct contracting process provided under RCW 39.04.152 in accordance with county policy.

(3) Advertisement and competitive bidding may be dispensed with in the letting of any contract for a public work involving less than $40,000 (or the most current limit set forth in RCW 36.32.250, if higher).

(4) All public work contracts awarded after July 1, 2024, estimated to cost $2,000,000 or more, must require that no less than 15 percent of the labor hours be performed by apprentices (or the most current limit set forth in RCW 39.04.320, if lower). [Ord. 11-25 (App. A)]

3.55.060 Advertisement and bidding for non-public works contracts.

(1) The county is not required to advertise or use informal or formal sealed bidding procedures or the procedures set forth in this chapter to purchase materials, supplies, or equipment under the following circumstances:

(a) The purchase of any materials, supplies or equipment where the cost of the same will not exceed $10,000 (or the most current limit set by RCW 36.32.245, if higher); or

(b) The purchase of equipment, materials and supplies through a Washington State Master Contracts Usage Agreement (MCUA) or through other interagency cooperative purchasing agreements as set forth in Chapter 39.34 RCW.

(2) Advertisement and formal bidding procedures may be dispensed with for purchases between $10,000 and $50,000 (or the most current limits set by RCW 36.32.245, if higher), provided the vendor list procedure provided for in RCW 39.04.190 is used.

(3) This section does not apply to public works contracts. [Ord. 11-25 (App. A)]

3.55.070 Purchasing and bidding procedures.

(1) The county utilizes the Municipal Research and Services Center of Washington (MRSC) roster, which was adopted as the statewide roster under RCW 39.04.151. The county shall advertise annually the existence of its official rosters advertised and hosted in the online database for small public works contracts, consulting services, and vendor services.

(2) Purchasing and Bidding Guidelines. Procedures for purchasing and bidding shall follow the guidelines published in the following documents:

(a) The County Bidding Book, Washington State, July 2018, or as subsequently revised, by the MRSC.

(b) Contracting for Services, Guidelines for Local Governments in Washington State, June 2020, or as subsequently revised, by the MRSC.

(3) Authority to Adopt Other Procedures or Process Documents. The county may develop other procedures or process documents that are consistent with applicable federal or state law, which shall be approved by the county administrator.

(4) If the contract is funded in whole or in part by federal funds, then the most restrictive of the local, state, or federal procurement requirements must be followed. Federal purchasing and bidding procedures may supersede state or local law. If federal funds are utilized, the county shall review and comply with current federal purchasing and bidding procedures for each contract being considered. See JCC 3.55.075, Procurement involving federal funds.

(5) Current Procurement Thresholds and Purchasing Procedures. The procurement dollar thresholds in effect as of the date this chapter was adopted and the related purchasing procedures are summarized in Table 4.1.

Table 4.1: Procurement Thresholds and Purchasing Procedures
Category	Amount	Procedures Allowed	State Law (partial list)
Public works	>$350,000 (or highest limit in RCW 39.04.152)	Formal competitive bid	RCW 36.32.250
	$349,999 (or highest limit in RCW 39.04.152)	Small works roster, or	RCW 39.04.152
	$349,999 (or highest limit in RCW 39.04.152)	Formal competitive bid	RCW 36.32.250
	$0 – $149,999 (or highest limit in RCW 39.04.152)	Direct contract from small works roster using rotation if authorized by county policy, or	RCW 39.04.152(4)(b)
		Small works roster, or	RCW 39.04.155
		Formal competitive bid	RCW 36.32.250
	$0 – $39,999 (or highest limit in RCW 36.32.250)	The board of commissioners authorize advertising and competitive bidding to be dispensed with, or	RCW 36.32.250
		Small works roster, or	RCW 39.04.152
		Formal competitive bid	RCW 36.32.250
	$0 – $5,000	No retainage, or performance and payment bonds required	RCW 39.04.152
Purchase of goods, equipment, supplies, or materials not connected with a public works project	>$50,000 (or highest limit in RCW 36.32.245)	Formal competitive bid	RCW 36.32.245
	$10,000 – $50,000 (or highest limit in RCW 36.32.245)	Vendor list, or	RCW 36.32.245(3)
	$10,000 – $50,000 (or highest limit in RCW 36.32.245)	Formal competitive bid	RCW 36.32.245
	$0 – $9,999 (or highest limit in RCW 36.32.245)	Advertising and competitive bidding may be dispensed with, or	RCW 36.32.245(3)
		Vendor list, or	RCW 36.32.245(3) and RCW 39.04.190
		Formal competitive bid	RCW 36.32.245(1) and (2)
Architecture, engineering, landscape architecture, or surveying services	All A&E projects, regardless of cost	Qualifications-based selection process	Chapter 39.80 RCW
Personal services	$100,000 or more	Bid, or Request for proposals, or Request for qualifications	N.A.
	>$50,000 – $99,999 (or highest limit in RCW 36.32.245)	Consultant roster, or Bid, or Request for proposals, or Request for qualifications	N.A.
	$10,000 – $50,000 (or highest limit in RCW 36.32.245)	Limited consultant roster, or Consultant roster, or Bid, or Request for proposals, or Request for qualifications	N.A.
	$0 – $9,999 (or highest limit in RCW 36.32.245)	Advertising and competitive bidding may be dispensed with, or Limited consultant roster, or Consultant roster, or Bid, or Request for proposals, or Request for qualifications	N.A.
Purchased services	$100,000 or more	Bid, or Request for proposals	N.A.
	>$50,000 – $99,999 (or highest limit in RCW 36.32.245)	Consultant roster, or Bid, or Request for proposals	N.A.
	$10,000 – $50,000 (or highest limit in RCW 36.32.245)	Limited consultant roster, or Consultant roster, or Bid, or Request for proposals	N.A.
	$0 – $9,999 (or highest limit in RCW 36.32.245)	Advertising and competitive bidding may be dispensed with, or Limited consultant roster, or Consultant roster, or Bid, or Request for proposals	N.A.

(6) Subdivision of Purchases Prohibited. No contract or purchase shall be subdivided to avoid the requirements of this chapter. [Ord. 11-25 (App. A)]

3.55.075 Procurement involving federal funds.

(1) Federal Purchasing and Bidding Guidelines. Procedures for purchasing and bidding shall follow the guidelines published in the following document:

Essentials of Managing Federal Awards: A Compliance Handbook, September 2024, or as subsequently revised, by the Office of the Washington State Auditor.

(2) Procurements involving federal funds as set forth in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, applies. 2 CFR 200.317 through 200.327 identify the regulations and standards. Specific sections that apply are:

(a) 200.318 – General procurement standards;

(b) 200.319 – Competition;

(d) 200.321 – Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms;

(e) 200.324 – Contract cost and price;

(f) Appendix XI – Compliance Supplement

Table 4.2: Federal Procurement Methods Thresholds and Purchasing Procedures
Procurement Method	Amount	Procedures Allowed	Federal Law (partial list)
Informal procurement for small purchases			§200.320(a)
Micro-purchases	$15,000 or less for purchases/services $2,000 or less for public works Higher thresholds possible (see regulation)	Award without soliciting competitive price or rate quotations if the price is reasonable based on research, experience, purchase history or other information. The county must maintain documents to support its conclusion, must be distributed equally among suppliers, and purchase cards may be used as methods of payment.	§200.320(a)(1)
Simplified acquisitions	SAT or up to $350,000, whichever is less.	Must obtain price or rate quotations from an adequate number of qualified sources, exceptions may apply (see regulation).	§200.320(a)(2) §200.200.1
Formal procurement			§200.320(b)
Sealed bids	SAT cannot exceed $350,000 or more	Preferred method for procuring construction services. Publicly solicit bids through an invitation, publicly open bids, award a firm, fixed price contract (lump sum or unit price) to lowest responsive bid and responsible bidder, exceptions may apply (see regulation).	§200.320(b)(1) §200.200.1
Competitive proposals	SAT cannot exceed $350,000 or more	Utilize when conditions are not appropriate for using sealed bids. Must: (1) Give public notice and identify all evaluation factors and their relative importance, (2) Solicit proposals from multiple qualified entities, (3) To the maximum extent practicable, consider any proposals submitted in response to the public notice, have written procedures for conducting technical evaluations and making selections, (4) Award the contract to the responsible offeror whose proposal is most advantageous, considering price and other factors (may exclude price as a selection factor to procure architectural and engineering professional services) Exceptions may apply (see regulation).	§200.320(b)(2) §200.200.1
Noncompetitive procurement	N.A.	Only if one of the following circumstances applies: (1) The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold, (2) A single source can only fulfill the procurement transaction, (3) The public exigency or emergency for the requirement will not permit a delay from providing public notice of a competitive solicitation, (4) A request has been made in writing to use a noncompetitive procurement method and the awarding agency provides written approval, or (5) After soliciting several sources, competition is determined to be inadequate.	§200.320(c)

[Ord. 11-25 (App. A)]

3.55.080 Conflicts of interest.

All persons involved in county purchasing are required to follow the rules regarding conflicts of interest as set forth in the Jefferson County Personnel Administration Manual and Chapter 42.23 RCW, as now or hereafter amended, and, in addition thereto, are expressly prohibited from accepting, directly or indirectly, from any person, company, firm, or corporation to which any procurement or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the county. A recipient or subrecipient of an award must disclose in writing any potential conflict of interest. [Ord. 11-25 (App. A)]