RCW 43.52.565
Contracts for materials or work through competitive negotiation—Nuclear generating projects and associated facilities.
(1) An operating agency may enter into contracts through competitive negotiation under subsection (2) of this section for materials, equipment, supplies, or work to be performed during commercial operation of a nuclear generating project and associated facilities (a) to replace a defaulted contract or a contract terminated in whole or in part, or (b) where consideration of factors in addition to price, such as technical knowledge, experience, management, staff, or schedule, is necessary to achieve economical operation of the project, provided that the managing director or a designee determines in writing and the executive board finds that execution of a contract under this section will accomplish project completion or operation more economically than sealed bids.
(2) The selection of a contractor shall be made in accordance with the following procedures:
(a) Proposals shall be solicited through a request for proposals, which shall state the requirements to be met. Responses shall describe the professional competence of the offeror, the technical merits of the offer, and the price.
(b) The request for proposals shall be given adequate public notice in the same manner as for sealed bids.
(c) As provided in the request for proposals, the operating agency shall specify at a preproposal conference the contract requirements in the request for proposal, which may include but are not limited to: Schedule, managerial, and staffing requirements, productivity and production levels, technical expertise, approved project quality assurance procedures, and time and place for submission of proposals. Any inquiries and responses thereto shall be confirmed in writing and shall be sent to all potential offerors.
(d) Proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A register of proposals shall be open for public inspection after contract award.
(e) As provided in the request for proposals, invitations shall be sent to all responsible offerors who submit proposals to attend discussions for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Any inquiries and responses thereto shall be confirmed in writing and shall be sent to all offerors. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.
(f) The operating agency shall execute a contract with the responsible offeror whose proposal is determined in writing to be the most advantageous to the operating agency and the state taking into consideration the requirements set forth in the request for proposals. The contract file shall contain the basis on which the successful offeror is selected. The operating agency shall conduct a briefing conference on the selection if requested by an offeror.
(g) The contract may be fixed price or cost-reimbursable, in whole or in part, but not cost-plus-percentage-of-cost.
(h) The operating agency shall retain authority and responsibility for inspection, testing, and compliance with applicable regulations or standards of any state or federal governmental agency.
[ 1998 c 245 § 70; 1994 c 27 § 1; 1987 c 376 § 2.]
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.52 - Operating Agencies.
43.52.260 - Scope of authority.
43.52.272 - Power commission abolished.
43.52.300 - Powers and duties of an operating agency.
43.52.3411 - Revenue bonds or warrants.
43.52.343 - Revenue bonds or warrants—Sale by negotiation or advertisement and bid.
43.52.350 - Operating agencies to provide fishways, facilities and hatcheries—Contracts.
43.52.375 - Treasurer—Auditor—Powers and duties—Official bonds—Funds.
43.52.380 - Member's preference to buy energy—Apportionment—Surplus.
43.52.383 - Compliance with open public meetings act.
43.52.385 - Best interest of ratepayers to determine interest of agency.
43.52.391 - Powers and duties of operating agency.
43.52.395 - Maximum interest rate operating agency may pay member.
43.52.410 - Authority of city or district to contract for electric energy or falling waters.
43.52.430 - Appeals from director of department of ecology.
43.52.440 - Effect of chapter on "Columbia River Sanctuary Act."
43.52.460 - Operating agency to pay in lieu of taxes.
43.52.470 - Operating agency—Validity of organization and existence.
43.52.515 - Application of Titles 9 and 9A RCW.
43.52.520 - Security force—Authorized.
43.52.525 - Security force—Criminal history record information.
43.52.535 - Security force—Membership in retirement system authorized.
43.52.560 - Contracts for materials or work required—Sealed bids.
43.52.570 - Purchase of materials by telephone or written quotation authorized—Procedure.
43.52.575 - Purchase of materials without competition authorized.
43.52.580 - Emergency purchase of materials or work by contract.
43.52.585 - Procedures for implementing RCW 43.52.560 through 43.52.580.
43.52.590 - Construction of RCW 43.52.560 through 43.52.585.
43.52.595 - Contracts for electric power and energy.