After award, a contractor shall not be allowed to substitute goods or services from that offered: Provided, however, If the goods or services offered are no longer available to the contractor for reasons beyond its control or if the short term needs of an agency are more fully met by the proposed substitute goods or services, the purchasing activity may consider a request by the bidder or contractor for substitution. All such requests must be in writing, must set forth the reasons the product or service is no longer available, and/or must be accompanied by samples, record of performance, certified copies of tests by impartial and recognized laboratories, or such additional data as the purchaser may request. Samples and data shall be furnished sufficiently in advance to allow for investigation before a decision is made. The bidder or contractor shall warrant that the substitute article is equal or better than the specified article. If the change results in any cost savings to the bidder or contractor, the cost savings shall be reflected in full in a reduction in price to the purchasing activity. State contracts may only be amended by the office of state procurement.
[Statutory Authority: 2011 c 43. 11-23-093, recodified as WAC 200-300-155, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.19 RCW. 99-15-070, § 236-48-165, filed 7/19/99, effective 8/19/99; 91-09-035, § 236-48-165, filed 4/12/91, effective 5/13/91. Statutory Authority: RCW 43.19.180 - 43.19.1932 and 43.19.520 - 43.19.538. 89-17-094 (Order 89-02), § 236-48-165, filed 8/22/89, effective 9/22/89; Order 77-2, § 236-48-165, filed 1/28/77.]