Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-300 - Office of state procurement › Section 200-300-085 - Bid award preference

Current through Register Vol. 24-14, July 15, 2024
In conducting purchases of goods and/or services,
					 preference shall be given to the extent allowed by statute:
To goods containing recycled material as outlined under
					 RCW
					    39.26.255 provided that the purchasing agency
					 sets forth in the competitive solicitation a minimum percent content of
					 recycled material that must be certified by the producer of the goods to
					 qualify for the preference. Bids for goods so certified shall be given a
					 preference of ten percent of the amount of the bid in determining the lowest
					 responsive bid for any item or grouping of items to be awarded to a single
					 bidder. This preference shall be separate from and applied after any other
					 preferences allowed by statute. The minimum content of recycled material shall
					 be not less than fifteen percent provided that for those goods for which the
					 Environmental Protection Agency has adopted procurement guidelines under the
					 Resource Conservation and Recovery Act of 1976 ( Public Law 94-580,  42 U.S.C. §
											6901  et seq.), as amended, the minimum content of recycled material shall
					 not be less than specified in the most current adopted issue of those
					 guidelines. The producer of the goods shall certify the post consumer and
					 recycled or waste material content at the time of submitting bid. To qualify
					 for the preference, the goods shall otherwise be at least functionally equal to
					 all other specifications and use requirements. The preference shall be used for
					 bid evaluation purposes only and the actual dollars bid shall be the contracted
					 amount. In the event of a tie for lowest responsive bid between products
					 otherwise meeting all bid specifications, the purchasing agency shall consider
					 the larger post consumer material content as a factor in determining the award.
					 Should the purchasing agency determine that the use of this preference does not
					 encourage the use of more recycled material for reasons including inadequate
					 competition, economics, environmental constraints, quality or availability, the
					 purchasing agency shall issue, consider and award bids without the preference.
					 For the purpose of meeting Resource Conservation and Recovery Act requirements
					 for state agency purchase of goods complying with Environmental Protection
					 Agency recycled or waste guidelines, the department of enterprise services may
					 adopt specifications requiring that only goods meeting these guidelines are
					 responsive and may consider bids for such goods though the cost exceeds ten
					 percent of goods not meeting such guidelines.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
						WAC 200-300-085, filed 11/17/11,
						effective 11/17/11. Statutory Authority:
						Chapter
						43.19 RCW. 99-15-070,
						§ 236-48-096, filed 7/19/99, effective 8/19/99. Statutory Authority: RCW
						   43.19.534. 94-21-017, § 236-48-096, filed 10/6/94, effective 11/6/94.
						Statutory Authority:
						Chapter
						43.19 RCW. 91-09-035,
						§ 236-48-096, filed 4/12/91, effective 5/13/91. Statutory Authority: RCW
						   43.19.180 - 43.19.1932 and43.19.520 - 43.19.538. 89-17-094 (Order 89-02),
						§ 236-48-096, filed 8/22/89, effective 9/22/89. Statutory Authority:
						Chapter
						43.19 RCW. 83-18-004
						(Order 83-03), § 236-48-096, filed 8/26/83; Order 77-2, § 236-48-096,
						filed 1/28/77.