3.48.010 - Required when.

(a)

All contracts/purchases of materials, equipment, or supplies where the total value will amount to more than forty thousand dollars must be put out to competitive bidding except for purchases that are clearly and legitimately limited to a single source of supply; purchases involving special facilities or market conditions; purchases in the event of an emergency; purchases of insurance or bonds; and public works contracts in the event of an emergency.

(b)

An emergency is defined as unforeseen circumstances beyond the control of Mason County that either: (1) presents a real, immediate threat to the proper performance of essential functions; or (2) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

(Res. 114-07 (part), 2007: Res. 97-04 (part), 2004: Res. 60-99, 1999: Res. 93-94 (part), 1994: Res. 13-87 (part), 1987).

(Res. 86-09, 10-6-2009)

3.48.020 - Post-for-quotes/telephone bid procedures.

If the total value of the purchase of materials, equipment, or supplies is between five thousand dollars and forty thousand dollars, the following post-for-quotes/telephone bid procedures shall apply:

(1)

Approval for post-by-quotes/telephone bids by motion by the board of county commissioners;

(2)

The notice of intent to purchase materials, equipment, supplies shall be posted on the bulletin board in courthouse annex I (commissioners office) not less than three days prior to obtaining bid quotations;

(3)

Telephone or written bid quotations must be secured from at least three suppliers (unless less than three suppliers or a sole source of supply exists);

(4)

The agreement/purchase must be awarded to the lowest bid quotation unless there is good and sufficient cause for not so awarding;

(5)

Immediately after the award is made, the department head/elected official shall record/keep the bid quotations and make the bid quotations open to public inspection and telephone inquiry. The department head/elected official shall also announce the award at a regularly scheduled meeting of the board of county commissioners. Advertisement and formal sealed bidding may be dispensed with for purchases of less than five thousand dollars.

(Res. 114-07 (part), 2007: Res. 97-04 (part), 2004: Res. 93-94 (part), 1994: Res. 13-87 (part), 1987).

(Res. 86-09, 10-6-2009)

3.48.030 - Exception—Expenditures below one thousand dollars.

Where the total expenditure will be less than one thousand dollars, none of the above requirements apply except that the purchasing department should assure that the agreement is granted to the supplier with the lowest known price.

(Res. 13-87 (part), 1987).

3.48.040 - Exception—Certain agreements/ contracts.

The above requirements do not apply to agreements/contracts which are governed by their own statutory requirements such as Equipment Rental and Revolving Fund purchases (RCW 36.77); Public Works Contracts (RCW 39.04); and Performance Based Contracts (RCW 39.35A).

(Res. 114-07 (part), 2007: Res. 97-04 (part), 2004: Res. 93-94 (part), 1994: Res. 13-87 (part), 1987).

3.48.050 - Small works roster process to award public works contracts.

The following small works roster procedures are established for use by the county pursuant to RCW 39.04.155:

(1)

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 three hundred thousand dollars, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the county may use the small public 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.

(2)

Publication. At least once a year, on behalf of the county, the MRSC 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 appropriate MRSC roster(s) 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.

(3)

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 a contractor who meets the mandatory bidder responsibility criteria in RCW 39.04.350(1) and may establish supplementary bidder criteria under RCW 39.04.350(2):

(A)

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.

(B)

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 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. "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.

If the estimated cost of the work is from one hundred fifty thousand dollars to three hundred thousand dollars, the county may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must 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:

(i)

Publishing notice in a legal newspaper in general circulation in the area where the work is to be done;

(ii)

Mailing a notice to these contractors; or

(iii)

Sending a notice to these contractors by facsimile or email.

(C)

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.

(D)

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.

(4)

Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than thirty-five thousand dollars, 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 from the appropriate small works roster and shall award the contract to the lowest responsible bidder, as defined under RCW 39.04.010. 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 Title 82, RCW 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 twenty-four 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.

(5)

Determining Lowest Responsible Bidder. The board of county commissioners shall award or authorize a department head or his/her designee to 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 shall be a registered and/or licensed contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of 2007 (SHB 2010) and who meets any supplementary bidder responsibility criteria established by the county.

(6)

Award. The department heads or his/his designee shall present all telephone quotations/bids and recommendation for award of the contract to the lowest responsible bidder to the board of county commissioners. The board may authorize a department head or his/her designee to advertise, set bid date/time, award and the chair to sign all pertinent documents with notification of the award at the next scheduled board of county commissioners meeting. However, the board of commissioners delegates the public works director the authority to award public works contracts without board of commissioner approval for public works projects under fifty thousand dollars. The director of public works shall advise the board of county commissioners of the award at the next scheduled board of county commissioners meeting as other business.

(Res. 15-01, 2001).

(Res. 87-09, 10-6-2009; Res. No. 76-11, §§ 1, 3, 11-8-2011)