WSR 01-03-122

PROPOSED RULES

UNIVERSITY OF WASHINGTON


[ Filed January 23, 2001, 10:23 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-20-100.

Title of Rule: Chapter 478-355 WAC, Small works roster.

Purpose: To bring the University of Washington's small works roster in line with the new state statute.

Statutory Authority for Adoption: RCW 39.04.155.

Statute Being Implemented: RCW 39.04.155.

Summary: The state statute that had established the University of Washington's small works roster (RCW 28B.10.355) was eliminated in July 2000 and replaced by RCW 39.04.155. In addition, the expenditure limit authorized by the small works roster was raised to two hundred thousand dollars and procedures for use of the small works roster were revised.

Name of Agency Personnel Responsible for Drafting and Enforcement: Fredrick King, Assistant Vice-President, Capital Projects Office, University Facilities Building, University of Washington, (206) 543-5200; and Implementation: Weldon E. Ihrig, Executive Vice-President, 306 Gerberding Hall, University of Washington, (206) 543-6410.

Name of Proponent: University of Washington, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendments establish the University of Washington's small works roster under the new state statute, at the new dollar limit, and modify procedures to solicit bids from all appropriate contractors, or, as an alternative, from at least five contractors on the roster who have indicated the capability of performing the work being contracted.

Proposal Changes the Following Existing Rules: The proposed rules will amend WAC 478-355-010, 478-355-030, and 478-355-040.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 478-355 WAC does not impose a disproportionate impact on small businesses and follows limitations set by state statute.

RCW 34.05.328 does not apply to this rule adoption. Chapter 478-355 WAC is not considered a significant legislative rule by the University of Washington.

Hearing Location: Room 209A of the Husky Union Building (HUB) University of Washington, Seattle, Washington, on March 1, 2001, at 12:00 noon.

Assistance for Persons with Disabilities: Contact University of Washington Disability Services Office by February 14, 2001, TDD (206) 543-6452, or (206) 543-6450.

Submit Written Comments to: Rebecca Goodwin Deardorff, Director, Administrative Procedures Office via one of the following routes by March 1, 2001. U.S. mail: University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203. Campus mail: Box 355509. E-mail adminpro@u.washington.edu. Fax (206) 616-6294 by March 1, 2001.

Date of Intended Adoption: March 16, 2001.

January 19, 2001

Rebecca Goodwin Deardorff, Director

Administrative Procedures Office

OTS-4569.1


AMENDATORY SECTION(Amending WSR 93-24-049, filed 11/24/93, effective 12/25/93)

WAC 478-355-010   Authority.   This chapter is enacted by the board of regents of the University of Washington pursuant to RCW ((28B.10.355)) 39.04.155 authorizing the university to establish a small works roster for public works projects with an estimated cost of less than ((one)) two hundred thousand dollars.

[Statutory Authority: RCW 28B.10.355. 93-24-049, § 478-355-010, filed 11/24/93, effective 12/25/93. Statutory Authority: RCW 28B.20.130 and 39.34.080. 86-08-027 (Order 86-1), § 478-355-010, filed 3/26/86.]


AMENDATORY SECTION(Amending WSR 93-24-049, filed 11/24/93, effective 12/25/93)

WAC 478-355-030   Project construction cost.   Whenever the estimated project construction cost of any University of Washington public work is less than ((one)) two hundred thousand dollars, the University of Washington executive vice president is authorized to use the small works roster in lieu of public advertisement for bids. In the event the legislature further increases the small works roster limit, the university is authorized to use the small works roster for any projects up to the subsequently authorized limit.

[Statutory Authority: RCW 28B.10.355. 93-24-049, § 478-355-030, filed 11/24/93, effective 12/25/93. Statutory Authority: RCW 28B.20.130. 88-19-041 (Order 88-01), § 478-355-030, filed 9/14/88. Statutory Authority: RCW 28B.20.130 and 39.34.080. 86-08-027 (Order 86-1), § 478-355-030, filed 3/26/86.]


AMENDATORY SECTION(Amending Order 88-01, filed 9/14/88)

WAC 478-355-040   Procedure for use.   ((When the small works roster procedure is utilized, bids will be solicited from a bidders list of at least three contractors from the small works roster randomly selected from those who registered the capability of performing the type of public work at the required location and, if required, are MWBE certified. Only the contractors identified on the bidders list will be eligible to bid on the public work. If all bids are rejected, new bids may be solicited either by again utilizing the small works roster or by public advertisement for bids.)) Procedures shall be established for securing telephone, written, or electronic quotations from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder. Bids may be solicited from all appropriate contractors on the roster, or, alternatively, from at least five contractors who have indicated the capability of performing the kind of work being contracted. If the estimated cost of the work is from one hundred thousand dollars to two hundred thousand dollars, and bids are not solicited from all appropriate contractors, all appropriate contractors must be notified that bids are being solicited. Detailed plans and specifications are not required as part of the bid invitation.

[Statutory Authority: RCW 28B.20.130. 88-19-041 (Order 88-01), § 478-355-040, filed 9/14/88. Statutory Authority: RCW 28B.20.130 and 39.34.080. 86-08-027 (Order 86-1), § 478-355-040, filed 3/26/86.]

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