Chapter 3.55
BIDDING AND PURCHASING PROCEDURES
Sections:
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.
3.55.080 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 purchasing statutes, regulations, policies and procedures; and to ensure efficient utilization of county property, new and used. [Ord. 8-20]
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);
(c) RCW 36.26.070 (public defender services);
(d) Chapter 39.34 RCW (Interlocal Cooperation Act);
(e) RCW 39.30.045 (purchase 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. 8-20]
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. [Ord. 8-20]
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;
(c) Interlocal agreements as set forth in Chapter 39.34 RCW;
(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. 8-20]
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 (or the most current limit set forth in RCW 39.04.155, if higher).
(2) If a public work, construction, alteration, repair, or improvement project is estimated to cost less than $50,000 (or the most current limit set by RCW 39.04.155, if higher), the county may award such a contract using the limited public works process provided under RCW 39.04.155(3).
(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). [Ord. 8-20]
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. 8-20]
3.55.070 Purchasing and bidding procedures.
(1) MRSC Rosters. The county may contract with the Municipal Research and Services Center of Washington (MRSC) to have 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 Municipal Research Services Center (MRSC).
(b) Contracting for Services, Guidelines for Local Governments in Washington State, June 2020, or as subsequently revised, by the Municipal Research Services Center (MRSC).
(3) Authority to Adopt Other Procedures or Process Documents. The county may develop other procedures or process documents, which shall be approved by the county administrator.
(4) Current Procurement Thresholds and Purchasing Procedures. The procurement dollar thresholds in effect as of the date of the ordinance codified in this chapter and the related purchasing procedures are summarized in Table 1.
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Table 1: Procurement Thresholds and Purchasing Procedures |
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|---|---|---|---|
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Category |
Amount |
Procedures Allowed |
State Law (partial list) |
|
Public Works |
>$350,000 (or highest limit in RCW 39.04.155) |
Formal competitive bid |
RCW 36.32.250 |
|
$50,000 – $350,000 (or highest limit in RCW 39.04.155) |
Small works roster, or Formal competitive bid |
RCW 39.04.155 RCW 36.32.250 |
|
|
$0 – $49,999 (or highest limit in RCW 39.04.155(3)) |
Limited public works process (solicit quotations from at least three contractors on small works roster), or Small works roster, or Formal competitive bid |
RCW 39.04.155(3)
RCW 39.04.155 RCW 36.32.250 |
|
|
$0 – $39,999 (or highest limit in RCW 36.32.250) |
Advertising and competitive bidding may be dispensed with on order of the county commissioners, or Limited public works process (solicit quotations from at least three contractors on small works roster), or Small works roster, or Formal competitive bid |
RCW 36.32.250
RCW 39.04.155(3)
RCW 39.04.155 RCW 36.32.250 |
|
|
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 Formal competitive bid |
RCW 36.32.245(3) RCW 36.32.245 |
|
|
$0 – $9,999 (or highest limit in RCW 36.32.245) |
Advertising and competitive bidding may be dispensed with, or Vendor list, or
Formal competitive bid |
RCW 36.32.245(3)
RCW 36.32.245(3) and RCW 39.04.190 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. |
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(5) Subdivision of Purchases Prohibited. No contract or purchase shall be subdivided to avoid the requirements of this chapter. [Ord. 8-20]
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 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. [Ord. 8-20]
3.55.090 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being herein expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that one or more other sections, subsections, paragraphs, sentences, clauses, or phrases be declared invalid or unconstitutional. [Ord. 8-20]
3.55.100 Repealer.
All prior resolutions and ordinances establishing the requirements for letting of county contracts are hereby repealed and replaced. In the event a prior resolution conflicts with this chapter, this chapter shall take precedence. [Ord. 8-20]
3.55.110 Effective date.
This chapter shall become effective immediately after being approved by the board. [Ord. 8-20]