Daniel Lunghofer School District Accounting Supervisor, OSPI 360-725-6303 daniel.lunghofer@k12.wa.us
State Bid Law RCW 28A.335.190 Covers purchases of materials and supplies for school districts, except books. Focuses on use of state or local resources Federal money follows Federal guidelines. Does not explicitly apply to services.
State Bid Law RCW 28A.335.190 Tier 1: Under $40,000 in aggregate No formal bid requirements. Can buy on open market. Cannot break down large purchases into many smaller purchases to avoid bids.
State Bid Law RCW 28A.335.190 Tier 2: More than $40,000 but less than $75,000 Must seek competitive quotations. Must get quotations from three different sources. Can be written or via telephone. Must record quotes. Must also follow board procedure.
State Bid Law RCW 28A.335.190 Tier 3: More than $75,000 Competitive bidding process. Notice of bid placed in newspaper in general circulation once a week for two weeks. Must receive SEALED written bids. Opened publicly at a place and time outlined in notice. Awarded to lowest responsible bidder.
State Bid Law RCW 28A.335.190 Tier 3: Exceptions If the board so desires, it may, by resolution, reject any and all bids and make further calls for bids in the same manner as the original call. In cases of emergency, board may declare such and waive the bid requirements.
Federal Requirements Purchases using Federal money (Title I, IDEA, etc.) must conform to Federal requirements. For Education-related grants, covered in EDGAR 80.36. Use Federal requirements unless State requirements are more strict.
Federal Procurement EDGAR 80.36 (d)(1) Small purchase procedures Purchasing services less than $100,000, or property or supplies less than $75,000*. SAO has rule of thumb of $3,000 minimum. Price or rate quotations obtained from adequate number of qualified sources (may use services like KCDA). *State law is more restrictive for supplies/property purchases between $75,000 and $100,000.
Federal Procurement EDGAR 80.36 Competitive sealed bids are required for purchases of services over $100,000 or property/materials over $75,000.* Invitation to bid must be publicly advertised. Sealed bids are opened at time and place specified. Awarded to lowest responsive and responsible bidder. Any or all bids may be rejected if there is a sound, documented reason. *State law is more restrictive for supplies/property purchases between $75,000 and $100,000.
Federal Suspension & Debarment When purchasing with Federal dollars, no subgrant or contract may be awarded to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, Debarment and Suspension. (EDGAR 80.35)
Federal Suspension & Debarment Requirement can be accomplished by: Using Excluded Parties List System (ELPS): http://www.epls.gov Collection certification from the entity. Adding a clause or condition to the covered transaction. Verification must be kept for possible review by auditors.
Scott Black Program Development Manager 360-725-6268 scott.black@k12.wa.us
Characteristics of Public Works Work is performed on public property. Work is more than ordinary maintenance. Work tends to require a building permit. Cost of labor is a significant portion of the total cost of the work. The level of the project cost and the source of project funding are not factors that determine public works.
State Statute References RCW 39.04 RCW 39.06 RCW 39.10 RCW 39.12 RCW 39.80 RCW 43.19 RCW 60.28 RCW 39.34 RCW 28A RCW 35 RCW 36 Public Works Licensed Contractors Required Alternative Public Works Prevailing Wages Architect/Engineering Contracts General Administration Liens for labor, taxes, etc. Interlocal Cooperation Act School Districts Counties Cities
Small Works Roster RCW39.04 & RCW 28A.335.190 Projects under $300,000. Reduces the cost of bidding small projects. Easier for contractors to compete for public works projects. Can be single general small works roster or several rosters for specialties or categories of work or geographical areas. Contractors on list must be properly licensed or registered to perform work in Washington.
Establishing A Small Works Roster School District must adopt an implemental Resolution to include procedures for ensuring a competitive process. At least once a year, district must publish a notice and solicit contractors for the roster(s). Contractors can be added at any time with written notice. Schools Districts may work together to solicit contractors for a joint small works roster(s).
An Invitation to quote must Include an estimate of the scope and nature of the work, materials and equipment rather than detailed plans and specifications; and Be made either to: All appropriate contractors on the appropriate roster, or At least 5 contractors on roster in a manner that will not favor certain contractors over others who perform same work.* * If between $150K and $300K district must notify remaining contractors on roster - in writing or published in legal newspaper where work is being performed
After Award of Contract Bid quotations must be recorded, open to public inspection and available by telephone. Yearly list of awarded contracts must be made available: Name of successful contractor. Amount of the contract. Brief description of the type of work performed. Dates of award. Location where bid quotations are available for inspection.
Limited Small Works Under $35K Solicitation, not receipt of electronic or written quotes from at least 3 contractors. Awarded to the lowest responsible bidder. Public Record of quotations kept for 24 months. School District, at their own risk, have the option of waiving bonds and retainage.
School District Public Works Thresholds < $35,000 < $40,000 >$40,000 $50K - $150K May be done by district Small Works Roster Invite all or 5 Contractors - No detailed plans & Specs; No advertisements, equitably distribute $150 - $300K Over $300K Competitive bid process, award to lowest responsible Bidder Complete plans & Specifications: Publication; formal written bidding, award to lowest responsible bidder Same - Invite 5 notify entire roster Limited Solicitation (not receipt) from at least 3 contractors
Municipal Research Service Center Rosters MRSC Rosters is a shared statewide small works and consultant roster system that 258 Washington State cities, counties and districts use to search for project bidders. http://www.mrscrosters.org/