Legislature Takes Up Proposed Bidder Responsibility Act
The Legislature is considering a new bidder responsibility statute which, if passed in its current form, would:
- Impose four mandatory "responsibility criteria" on contractors who seek to bid on competitively bid public works. Only one of the four criteria -- that bidder not have been disqualified under RCW 39.06 [ failure to maintain proper license ] or RCW 39.12 [ repeat violations of prevailing wage law ] -- appears substantive. The other three --(1) proof of current registration under RCW 18.27 (2) a current unified business identified number, and (3) workers comp coverage for bidder's employees -- are more routine.
- Allow public owners to impose "supplemental criteria" in the bid invitation to further define responsibility.
- Provide a mechanism for bidders to request pre-bid changes in the supplemental criteria, and
- Create a right of appeal from any determination of non-responsibility.
The mandatory criteria would also apply to subcontractors at every tier.
