6220P - Purchasing Bids and Contracts Procedure
A. Public Works Contracts - (Small Works Contracts - estimated to cost up to $ 350,000)
In accordance with RCW Chapter 39.04, RCW Chapter 39.10, and RCW 28A.335.190 addressing Public Works, the following procedures have been adopted by the Issaquah School District.
1. Small Works Roster(s):
The Purchasing Office may create a single small works roster, may create a small works roster for different specialties or categories of anticipated work by law but subject to the restrictions stated in this procedure. 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.
At least once a year, the Purchasing Office shall publish notice in at least one newspaper of general circulation in the District of the existence of the roster(s) and solicit the names of responsible contractors for such roster(s).
Contractors wishing to be added to the Small Works Roster must complete the application that includes the following:
a. Registered contractor in the State of Washington.
b. Compliance with prevailing wage laws (RCW 39.12).
c. Ability to provide certificates of insurance.
d. Compliance with federal, state and local laws regarding equal employment opportunity.
e. Compliance with bidder responsibility criteria specified in RCW 39.04.350, including having received training on the requirements related to public works and prevailing wage by the department of labor and industries, and any supplemental criteria established by the District for a particular project.
In lieu of maintaining its own small works roster, the district may sign an interlocal agreement to have the Municipal Research and Services Center (MRSC) through MRSC Rosters, advertise, maintain, and host the small works roster.
2. Contracts Awarded from the Small Works Roster:
The District, shall obtain telephone, written or electronic quotations from contractors on the appropriate small works roster(s) to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 39.04.350. A non-response from a vendor is also considered a quote invitation.
A contract awarded from a small works roster need not be advertised. Request for quotes shall include an estimate of the scope and nature of the work to be performed, as well as the materials and equipment to be furnished. However, detailed plans and specifications need not be included in the request.
Public Works projects greater than $ 100,000 but less than $ 350,000 may be awarded in this manner.
If the estimated cost of work is between $ 250,000 and $ 350,000 and if the District chooses to solicit bids from less than all the appropriate contractors on the appropriate small works roster, the District must also notify all of the remaining contractors on the appropriate small works roster that quotations on the work are being sought.
The District has the sole option for determining whether this notice is made by publication in a legal newspaper in general circulation in the area where the work is to be done, mailing notice, or sending notice by facsimile or other electronic means.
3. Contract Award:
If an award is made, the District, through the Purchasing Office, shall award the contract for the public works project to the lowest responsive and responsible bidder; provided that the District may waive informalities in bidding and/or reject all bids and call for new bids. The District shall take into account the following in determining responsibility of bidders:
a. The ability, capacity, and skill of the bidder to perform the contract;
b. The ability of the bidder to perform the contract within the time specified by the District;
c. The quality of the bidder's performance on previous contracts or services; and
d. The previous and existing compliance by the bidder with laws relating to Labor and Industries Public Works.
e. Compliance with bidder responsibility criteria specified in RCW 39.04.350 and any supplemental criteria established by the District for a particular project.
4. Contracts:
Written contracts shall be prepared for all small works projects. The contract shall provide that, in the event of a suit by the District to enforce the terms of the contract, venue for the suit shall be laid in the county in which the District is located. The contract shall contain a proviso requiring the contractor to prohibit any of its employees who has ever been convicted of or pled guilty to any of the child-related felonies from working where they had contact with public school children. The contract shall also provide that failure to comply with this requirement is grounds for immediate termination of the contract.
5. Prevailing Wage:
All public works contracts fall under the State Prevailing Wage Law, RCW Chapter 39.12. All contractors must comply with these requirements.
6. Bonds and Insurance:
Each contractor shall provide a certificate of insurance and performance and payment bonds prior to commencing work for the District. The Contractor shall purchase a Commercial General Liability Insurance Policy that will protect the District and the Contractor from claims which may arise out of or result from the Contractor's operations. This insurance shall be written for not less than the limits required by the District’s contract documents or $2,000,000, whichever is greater. Certificates of insurance acceptable to the District shall be filed with the District prior to commencement of the work.
7. Retainage Contract:
The District shall withhold 5% for retainage from the moneys earned by the contractor per RCW Chapter 60.28.
8. Rights of Removal:
A contractor's failure to comply with public works laws, equal employment opportunity laws, or to perform adequate work, will result in their removal from the small works roster.
B. Public Works Contracts - (Contracts in Excess of $ 350,000)
Whenever in the opinion of the District the cost of any Public Works shall exceed $ 350,000, public or “formal” bids shall be called for by issuing public notice placed in at least one newspaper of general circulation within the District, once each week for two consecutive weeks, unless the District is authorized by law to use an alternative procurement method or to waive public bidding.
1. Bid Plans and Specifications:
Written plans and specifications shall be prepared which describe the work to be completed and the materials to be used. Specifications should include completion date; contractor's assurances for prevailing wages, fair employment, etc.; bid and performance bond requirements; date of opportunity to visit the work site; and closing date. The specifications and bid form should be provided at a location specified in the public notice. Detailed plans and specifications need not be included in the invitation.
2. Bid Opening:
Bids shall be opened at the time and place stated in the official advertisement for bids, and any interested member of the public may attend the bid opening. It shall be the bidder's sole responsibility to see that their bid is delivered to the District prior to the time set for opening of bids. Any bid received after the time set for opening the bids shall be returned to the bidder unopened and shall receive no consideration by the District. All bids shall be submitted in a sealed envelope.
3. Contract Award:
Contracts in excess of $ 350,000 shall be awarded by a majority vote of the Board with action recorded in the minutes of the Board meeting. If an award is made, the contract for the public works project shall be awarded to the lowest responsive and responsible bidder; provided that, the District may waive informalities in bidding and/or reject any and all bids and call for new bids. The District shall take into account the following in determining responsibility of bidders:
a. The ability, capacity, and skill of the bidder to perform the contract;
b. The ability of the bidder to perform the contract within the time specified by the District;
c. The quality of the bidder's performance on previous contracts or services; and
d. The previous and existing compliance by the bidder with laws relating to Labor and Industries Public Works.
e. Compliance with bidder responsibility criteria specified in RCW 39.04.350 and any supplemental criteria established by the District for a particular project.
4. Formal Contracts:
Formal, written contracts shall be prepared for all major construction and repair projects. The contract shall provide that, in the event of a suit by the District to enforce the terms of the contract, venue for the suit shall be laid in the county in which the District is located. The contract shall contain a proviso requiring the contractor to prohibit any of its employees who has ever been convicted of or pled guilty to any of the child-related felonies from working where he/she has contact with public school children. The contract shall also provide that failure to comply with this requirement is grounds for immediate termination of the contract.
5. Prevailing Wage:
All public works contracts fall under the State Prevailing Wage Law, RCW Chapter 39.12. All contractors must comply with these requirements.
6. Insurance:
Each contractor shall provide certificates of insurance and performance and payment bonds as required by the District’s contract documents prior to commencing work for the District. The Contractor shall purchase a Commercial General Liability Insurance Policy that will protect the District and the Contractor from claims which may arise out of a result from the Contractor's operations. This insurance shall be written for not less than the limits required by the District’s contract documents. Certificates of insurance acceptable to the District shall be filed with the District prior to commencement of the work.
7. Retainage:
The District shall withhold 5% for retainage from the moneys earned by the contractor per RCW Chapter 60.28.
C. Furniture/Equipment/Supply Purchases - (Purchases - $40,000 to $75,000)
The District may solicit quotations by telephone and/or written quotation for furniture, equipment and supplies which have an estimated cost more than $40,000 but less than $75,000. At least three telephone or written quotations shall be secured prior to the date established by the District. All telephone quotations must be confirmed in writing within seven days in order to constitute a valid quotation.
Brand names and manufacturer's catalog numbers used in specifications are for the purpose of identification and to establish a standard of quality. Bids on equal items may be considered providing the bidder specifies brand and model, and furnishes descriptive literature. The acceptance of alternative "equal" items shall be conditioned on the District's inspection and testing after receipt of the proposed component(s). If not found to be equal, the material shall be returned at the seller's expense and no contract will be awarded.
The District shall reserve the right to reject any or all bids and/or to waive any informality.
An acceptable bid or offer and a District purchase order shall constitute the only contract necessary for the purchase of furniture, equipment and supplies. The successful bidder shall meet all conditions included in the specifications.
D. Furniture/Equipment/Supply Purchases - (Purchases in Excess of $75,000)
Whenever in the opinion of the District the cost of any furniture, equipment or supplies shall exceed $75,000; public bidding shall be called for by issuing public notice placed in at least one newspaper of general circulation within the District, once each week for two consecutive weeks.
1. Bid Specifications:
Written specifications shall be prepared which describe the equipment or materials to be used. The specifications should include delivery/installation dates; contractor's assurances; bid and performance bond requirements; and closing date. The specifications and bid form shall be provided at a location specified in the public notice. Detailed plans and specifications need not be included in the invitation.
Brand names and manufacturer's catalog numbers used in specifications are for the purpose of identification and to establish a standard of quality. Bids on equal items may be considered providing the bidder specifies brand and model, and furnishes descriptive literature. The acceptance of alternative "equal" items shall be conditioned on the District's inspection and testing after receipt of the proposed component(s). If not found to be equal, the material shall be returned at the seller's expense and no contract will be awarded.
2. Bid Opening:
Bids shall be opened at the time and place stated in the official advertisement for bids, and any interested members of the public may attend the bid opening. It shall be the bidder's sole responsibility to see that his/her bid is delivered to the District prior to the time set for opening of bids. Any bid received after the time set for opening the bids shall be returned to the bidder unopened and shall receive no consideration by the District. All bids shall be submitted in a sealed envelope.
3. Contract Award:
Contracts in excess of $75,000 shall be awarded by a majority vote of the Board with action recorded in the minutes of the Board meeting. An acceptable bid and a District purchase order shall constitute the only contract necessary for the purchase of furniture, equipment and supplies. The District may waive informalities in bidding and/or reject any and all bids and call for new bids. The District shall take into account the following in determining the responsibility of bidders:
a. The ability, capacity, and skill of the bidder to perform the contract;
b. The ability of the bidder to perform the contract within the time specified by the District;
c. The quality of the bidder's performance on previous contracts or services.
E. Piggybacking
Under Chapter 39.34 RCW, the District may make purchases using another agency’s purchasing contract, a process known as “piggybacking.”
1. Piggybacking Process
The District may piggyback on another government entity’s contract by performing the following:
- Evaluate whether the awarding entity meets the definition of a public agency under RCW 39.34.020.
- Ensure that the awarding entity met its own bid laws, including advertising in accordance with its own statutory requirements.
- Ensure the awarding entity or purchasing cooperative posted the solicitation on its website or provided a link to the solicitation
- Ensure the contract allows piggy-backing
- Ensure the contract is active and will be valid for the time period desired
The awarding entity and the District must sign an interlocal agreement and the District shall file it with the county auditor or post it online by subject (RCW 39.34.040).
The awarding entity assumes no responsibility for orders placed by other government entities.
2. Piggybacking on State and Federal Contracts
The District may piggyback on purchasing contracts awarded by the State of Washington by signing the one-time Master Contracts Usage Agreement at no cost and gain access to hundreds of state purchasing contracts.
The District may also piggyback off many federal contract administered by the General Services Administration (GSA).