reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-305 - Debarment procedures › Section 200-305-060 - Notice of recommended debarment or fine in lieu of debarment

Current through Register Vol. 24-14, July 15, 2024
(1) If, based
				  on the investigation, the investigating official determines that the facts
				  support debarment or a fine in lieu of debarment the investigating official
				  shall notify the affected contractor and affiliates. The investigating official
				  shall cause service of the notice of recommended debarment or fine in lieu of
				  debarment on the affected contractor and affiliates. The notice shall include
				  the following information:
(a) The effective
				  date for any recommended debarment or fine in lieu of debarment;
(b) Each cause for the recommended debarment
				  or fine in lieu of debarment and the facts that the investigating official
				  found that support each cause;
(c)
				  The period of the recommended debarment or the amount of the fine in lieu of
				  debarment and the deadline for payment of such fine in lieu of
				  debarment;
(d) Notice that, in the
				  case of a fine in lieu of debarment, if such fine is not timely paid, the fact
				  that such failure will cause the fine in lieu of debarment to be converted to a
				  debarment, without further action or process, and state the period of the
				  recommended debarment in such event;
(e) How the recommended debarment or fine in
				  lieu of debarment will impact either the contractor or affiliates or
				  both;
(f) The notice shall state
				  that if no hearing is requested within thirty days of the date of issuance of
				  the notice, the debarring official may issue a final, unappealable debarment
				  order or fine in lieu of debarment order.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-305 - Debarment procedures › Section 200-305-070 - Request for a hearing on recommended debarment or fine in lieu of debarment

Current through Register Vol. 24-14, July 15, 2024
Either the contractor, or affiliate or both may request a
					 hearing to contest the recommended debarment or fine in lieu of debarment. The
					 request must be served with the director within thirty days after the date the
					 investigating official served the notice of recommended debarment or
					 recommended fine in lieu of debarment on the contractor and affiliates. The
					 person requesting the hearing must also serve a copy of the request on the
					 investigating official.
The request for hearing must be in writing and must
					 specify:
(1) The name of the person
				  requesting the hearing and the person's contact information; and
(2) The facts, conclusions, penalties or
				  other matters in the notice of recommended debarment or the notice of
				  recommended fine in lieu of debarment that are contested.
Statutory Authority:
						RCW
						   39.26.200 and
						43.19.011. 13-09-069, §
						200-305-070, filed 4/17/13, effective
						5/18/13.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-305 - Debarment procedures › Section 200-305-080 - Hearing on recommended debarment or recommended fine in lieu of debarment

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  director may hear the contested matter personally or may delegate the authority
				  to hold the hearing and draft a proposed decision to another person or to an
				  administrative law judge pursuant to chapter 34.12 RCW. The investigating
				  official, on behalf of the department, shall be the petitioner in the hearing,
				  and the contractor and affiliates shall be the respondents.
(2) The investigating official shall have the
				  burden of proving the basis for the cause for debarment and the debarment
				  period or fine in lieu of debarment and fine amount as set forth in the notice
				  for recommended debarment or the notice for recommended fine in lieu of
				  debarment.
(3) The hearing shall be
				  conducted in accordance with the Administrative Procedure Act, chapter 34.05
				  RCW and to the extent not covered in this chapter, by the uniform procedural
				  rules in chapter 1-08 WAC.
(4) If
				  the director presides over the hearing, the director shall issue a final
				  decision in writing that includes findings of fact, conclusions of law, and, if
				  appropriate, the debarment period or fine amount. The director shall cause
				  service of the final decision on all parties.
(5) If the director's delegate or an
				  administrative law judge presides over the hearing, she or he shall issue a
				  proposed decision that includes findings of fact, conclusions of law, and, if
				  appropriate, the debarment period or fine amount. The proposed decision also
				  shall include instructions on how to serve objections and written arguments or
				  briefs with the debarring official. Objections and written arguments and briefs
				  must be served within twenty days from the date of receipt of the proposed
				  decision.
(6) The parties may
				  stipulate to the method of service, as defined in WAC
				  200-305-010(14) for the proposed decision. Absent agreement or stipulation, the department will
				  serve the final order by United States mail, with service complete on the date
				  of mailing.
Statutory Authority:
						RCW
						   39.26.200 and
						43.19.011. 13-09-069, §
						200-305-080, filed 4/17/13, effective
						5/18/13.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-305 - Debarment procedures › Section 200-305-090 - Final decision

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  debarring official shall review the proposed decision in accordance with the
				  Administrative Procedure Act, chapter 34.05 RCW and any objections, written
				  arguments and briefs timely filed by the parties. The debarring official may:
(a) Allow the parties to present oral
				  arguments;
(b) Allow the parties to
				  submit additional information if circumstances so warrant; or
(c) Remand the matter to the delegate or
				  administrative law judge for further proceedings;
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-305 - Debarment procedures › Section 200-305-100 - Effect of a debarment order on the contractor and affiliate

Current through Register Vol. 24-14, July 15, 2024
The effects of a debarment order on the contractor and
					 affiliate are:
(1) A debarred
				  contractor (and, if applicable, affiliate) is ineligible to participate,
				  directly or indirectly, in any covered transaction.
(2) Debarment constitutes debarment of all
				  divisions or other organizational elements of the debarred person, unless the
				  debarment decision is limited by its terms to specific divisions,
				  organizational elements, or commodities.
(3) A person's debarment shall be effective
				  in every agency, unless the director states in writing the compelling reasons
				  justifying continued business dealings between an agency and the debarred
				  person.
(4) A fine in lieu of
				  debarment shall not constitute a debarment order.
Statutory Authority:
						RCW
						   39.26.200 and
						43.19.011. 13-09-069, §
						200-305-100, filed 4/17/13, effective
						5/18/13.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-305 - Debarment procedures › Section 200-305-110 - Effect of a debarment order on state agencies

Current through Register Vol. 24-14, July 15, 2024
The effects of a debarment order on state agencies
					 are:
(1) Agencies shall not permit
				  debarred persons to participate in covered transactions, unless the debarring
				  official determines in writing that there is a compelling reason to do
				  so.
(2) If the period of debarment
				  expires or is terminated prior to award, a contracting officer may, but is not
				  required to, consider a debarred person's bid.
(3) Notwithstanding debarment, agencies may
				  continue contracts or subcontracts in existence at the time the person was
				  debarred unless the debarring official determines otherwise.
(4) Agencies shall not add new work, exercise
				  options, or otherwise extend the duration of current contracts or orders for
				  debarred persons, unless the debarring official makes a written determination
				  of the compelling reasons for doing so.
Statutory Authority:
						RCW
						   39.26.200 and
						43.19.011. 13-09-069, §
						200-305-110, filed 4/17/13, effective
						5/18/13.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-305 - Debarment procedures › Section 200-305-120 - Relief from a debarment order

Current through Register Vol. 24-14, July 15, 2024
(1) A debarred contractor or affiliate may
				  request that the debarring official grant relief from the final debarment order
				  or reduce the time period or scope of the final debarment order.
(2) The debarring official may reduce or
				  terminate the debarment based on:
(a) Newly
				  discovered material evidence;
(b) A
				  reversal of the conviction upon which debarment was based;
(c) A bona fide change in ownership or
				  management;
(d) Elimination of
				  other causes for which the debarment was imposed; or
(e) Other reasons the debarring official
				  finds appropriate.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-305 - Debarment procedures › Section 200-305-130 - Service and delivery

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				  notice, objection or information that is required or allowed by these rules may
				  be served or delivered to the department as follows:
(a) By courier delivery:
Department of Enterprise Services
1500 Jefferson Street S.E.
Olympia, WA 98504-1466
Attn: Office of the Director
(b) Or, mailed, by certified mail, return
				  receipt requested to:
Department of Enterprise Services
Office of the Director
1500 Jefferson Street S.E.
MS: 41466
Olympia, WA 98504-1466
(c) Or, electronically mailed to department
				  of enterprise services at the following email address: director@
				  des.wa.gov.
(d) Service is complete
				  upon receipt by the department.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-310 - Relationship and procedures between division of purchasing and state agencies › Section 200-310-001 - Purpose (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:   2011 c  43. 11-23-093, recodified as
						WAC 200-310-001, filed 11/17/11,
						effective 11/17/11. Statutory Authority:
						Chapter
						43.19 RCW. 99-15-070,
						§ 236-49-001, filed 7/19/99, effective 8/19/99. Statutory Authority: RCW
						   43.19.180 - 43.19.1932 and 43.19.520 - 43.19.538. 89-17-094 (Order 89-02),
						§ 236-49-001, filed 8/22/89, effective 9/22/89; Order 77-2, §
						236-49-001, filed 1/28/77.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-310 - Relationship and procedures between division of purchasing and state agencies › Section 200-310-010 - Definitions (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:   2011 c  43. 11-23-093, recodified as
						WAC 200-310-010, filed 11/17/11,
						effective 11/17/11. Statutory Authority:
						Chapter
						43.19 RCW. 99-15-070,
						§ 236-49-010, filed 7/19/99, effective 8/19/99; 91-09-034, §
						236-49-010, 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),
						§ 236-49-010, filed 8/22/89, effective 9/22/89; Order 77-2, §
						236-49-010, filed 1/28/77.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-310 - Relationship and procedures between division of purchasing and state agencies › Section 200-310-020 - Washington state purchasing structure (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:   2011 c  43. 11-23-093, recodified as
						WAC 200-310-020, filed 11/17/11,
						effective 11/17/11. Statutory Authority:
						Chapter
						43.19 RCW. 99-15-070,
						§ 236-49-020, filed 7/19/99, effective 8/19/99; 91-09-034, §
						236-49-020, 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),
						§ 236-49-020, filed 8/22/89, effective 9/22/89; Order 77-2, §
						236-49-020, filed 1/28/77.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-310 - Relationship and procedures between division of purchasing and state agencies › Section 200-310-055 - Preference for correctional industries Class II products (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:   2011 c  43. 11-23-093, recodified as
						WAC 200-310-055, filed 11/17/11,
						effective 11/17/11. Statutory Authority:
						Chapter
						43.19 RCW. 99-15-070,
						§ 236-49-055, filed 7/19/99, effective 8/19/99. Statutory Authority: RCW
						   43.19.534. 94-21-017, § 236-49-055, filed 10/6/94, effective
						11/6/94.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-310 - Relationship and procedures between division of purchasing and state agencies › Section 200-310-060 - State purchasing cooperative (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:   2011 c  43. 11-23-093, recodified as
						WAC 200-310-060, filed 11/17/11,
						effective 11/17/11. Statutory Authority:
						Chapter
						43.19 RCW. 99-15-070,
						§ 236-49-060, filed 7/19/99, effective 8/19/99. Statutory Authority: RCW
						   43.19.180 - 43.19.1932 and 43.19.520 - 43.19.538. 89-17-094 (Order 89-02),
						§ 236-49-060, filed 8/22/89, effective 9/22/89. Statutory Authority:
						Chapter
						43.19 RCW. 83-18-004
						(Order 83-03), § 236-49-060, filed
						8/26/83.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › GENERAL PURPOSE AND DEFINITIONS › Section 200-320-001 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Under
						RCW
						   41.06.142, agencies may competitively
						contract for services that state employees have customarily and historically
						provided. The law directs the department of general administration to adopt
						rules to ensure that the submittal and evaluation of bids are fair and
						objective, and that there exists a competitive market for the service. The
						department of general administration's objective in writing these rules is to
						provide clear, simple, fair, and consistent guidance in complying with the
						law.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-001, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-001,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › GENERAL PURPOSE AND DEFINITIONS › Section 200-320-005 - Scope of chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to all services customarily and
						historically provided by state employees, except:
(1) As described in
					 RCW
					    41.06.142(3) and
					 41.06.070;
(2) In the case of emergency purchases, which
					 may be made in response to unforeseen circumstances beyond the control of the
					 agency which present a real, immediate, and extreme threat to the proper
					 performance of essential functions or which may reasonably be expected to
					 result in excessive loss or damage to property, bodily injury, or loss of life.
					 When an emergency purchase is made, the agency head shall submit written
					 notification of the purchase, within three days of the purchase, to the
					 director of general administration. This notification shall contain a
					 description of the purchase, description of the emergency and the circumstances
					 leading up to the emergency, and an explanation of why the circumstances
					 required an emergency purchase; or
(3) If state employees will not be
					 displaced.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-005, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-005,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › GENERAL PURPOSE AND DEFINITIONS › Section 200-320-006 - If state employees will not be displaced

Current through Register Vol. 24-14, July 15, 2024
If state employees will not be displaced, agencies shall
						comply with
						RCW
						   41.06.142(1)(a), (d) and
						(e), and applicable laws and rules governing
						the purchase of such services.
Statutory Authority:   2011 c  43. 11-23-093, recodified
						  as WAC 200-320-006, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-006,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › PRELIMINARY STEPS TO COMPETITIVE CONTRACTING › Section 200-320-100 - Determining the existence of a competitive market

Current through Register Vol. 24-14, July 15, 2024
(1) Under the law, an agency that considers
					 contracting for services historically and customarily performed by state
					 employees shall determine whether a competitive market exists for the
					 service.
(2) For the purposes of
					 this chapter, a competitive market exists when there are two or more separate
					 businesses, individuals, nonprofit organizations, or other entities capable of
					 providing the services being considered for competitive contracting.
(3) Agencies shall not consider an employee
					 business unit as an entity capable of providing the service when determining
					 the existence of a competitive market for that service.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-100, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-100,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › PRELIMINARY STEPS TO COMPETITIVE CONTRACTING › Section 200-320-110 - Agencies shall notify employee(s) of intent to solicit bids

Current through Register Vol. 24-14, July 15, 2024
As required by
						RCW
						   41.06.142(4)(a), the agency
						shall provide written notice to all potentially displaced employees of the
						agency's intent to solicit bids. The notice shall include at a minimum:
(1) A statement that the agency will pursue
					 competitive contracting of specified services;
(2) The agency's determination that a
					 competitive market exists;
(3) The
					 date that the agency intends to solicit bids;
(4) A statement that employees whose position
					 or work will be displaced have sixty calendar days from the date of
					 notification to offer alternatives to competitive contracting as described in
					 RCW
					    41.06.142(4)(a) and an
					 agency contact for submitting alternatives;
(5) The amount and type of state resources
					 allocated by the agency to assist employees in developing alternatives within
					 the time frame described in subsection (4) of this section; and
(6) A statement that employees whose
					 positions or work will be displaced may compete in competitive contracting as
					 one or more employee business units.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-110, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-110,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › PRELIMINARY STEPS TO COMPETITIVE CONTRACTING › Section 200-320-115 - Employees wanting to use state resources other than those offered by an agency

Current through Register Vol. 24-14, July 15, 2024
If potentially displaced employees want to use state
						resources other than those offered by the agency to develop alternatives
						pursuant to WAC 236-51-110(5), they shall submit a written resource plan to the
						agency for consideration. No state resources other than those offered by the
						agency pursuant to WAC 236-51-110(5) shall be used in developing alternatives
						without prior written agency approval.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-115, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-115,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › PRELIMINARY STEPS TO COMPETITIVE CONTRACTING › Section 200-320-120 - Agency response to a potentially displaced employee alternative

Current through Register Vol. 24-14, July 15, 2024
(1) An agency shall
					 respond in writing to all potentially displaced employee
					 alternatives.
(2) If no potentially
					 displaced employee alternatives are accepted, the agency shall notify in
					 writing all potentially displaced employees of:
(a) Its intent to proceed with soliciting
					 bids on the date indicated in the agency's original notification referred to in
					 WAC 236-51-110(3) or in twenty calendar days, whichever is greater;
					 and
(b) The amount and type of
					 state resources allocated by the agency to assist potentially displaced
					 employees in developing the notice referred to in WAC 236-51-200.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › EMPLOYEE BUSINESS UNITS IN THE BID PROCESS › Section 200-320-200 - An employee business unit shall notify the agency of its formation

Current through Register Vol. 24-14, July 15, 2024
(1) Potentially
					 displaced employees that decide to compete by forming an employee business unit
					 shall notify the agency in writing before the agency's intended day to solicit
					 bids pursuant to WAC 236-51-110 and provide the following information:
(a) A list of those potentially displaced
					 employees forming the employee business unit;
(b) The employee business unit leader(s);
					 and
(c) A resource plan outlining
					 the employee business unit's request for use of state resources needed to
					 prepare the employee business unit's bid.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › EMPLOYEE BUSINESS UNITS IN THE BID PROCESS › Section 200-320-205 - Agency's response to an employee business unit resource plan

Current through Register Vol. 24-14, July 15, 2024
(1) An agency shall
					 respond, in writing, to an employee business unit resource plan prior to
					 soliciting bids. The response will either approve of the resource plan in its
					 entirety, or modify it based on available state resources and the needs of the
					 agency to meet its mission.
(2) An
					 employee business unit shall not use state resources to prepare its bid prior
					 to receiving the agency's response as provided in subsection (1) of this
					 section.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-205, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-205,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › EMPLOYEE BUSINESS UNITS IN THE BID PROCESS › Section 200-320-210 - Agencies shall identify state standards

Current through Register Vol. 24-14, July 15, 2024
If an agency intends to require the use of state
						standards it shall identify them in the solicitation document. State standards
						may include, but are not limited to: Financial, accounting, audit, payroll,
						human resources, procurement, record retention, or other systems, methods,
						infrastructure, or practices. Agencies shall use technology standards
						established by the Washington state department of information services,
						information services board.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-210, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-210,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › EMPLOYEE BUSINESS UNITS IN THE BID PROCESS › Section 200-320-215 - An employee business unit's bid shall include all costs related to delivering the service

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
						RCW
						   41.06.142(4)(e), an employee
						business unit's bid shall include the fully allocated cost of the service.
						These fully allocated costs include, but are not limited to:
(1) Direct costs; which are costs that the
					 service consumes or expends and thus are chargeable to the service. These
					 direct costs include, but are not limited to:
(a) Salaries, wages, overtime, and benefits
					 of employees directly performing the service;
(b) Purchased services, supplies and
					 materials;
(c) Space, rents, and
					 leases;
(d) Equipment and
					 depreciation;
(e) One-time,
					 transition, or start-up costs; and
(f) Travel.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › EMPLOYEE BUSINESS UNITS IN THE BID PROCESS › Section 200-320-220 - An employee business unit shall designate a point of contact for the competitive contracting process

Current through Register Vol. 24-14, July 15, 2024
The employee business unit leader or their designee from
						within the employee business unit shall represent the employee business unit
						membership in the competitive contracting process. Representation includes, but
						is not limited to:
(1) Authority to
					 contractually obligate the employee business unit;
(2) Receiving and submitting notices
					 (including the notice to the agency of employee business unit
					 formation);
(3) Participating in
					 any presolicitation conference;
(4)
					 Signing solicitation documents and submittals;
(5) Seeking clarifications and amendments of
					 solicitations;
(6) Acknowledging
					 award and conducting negotiations;
(7) Filing complaints;
(8) Filing appeals; and
(9) Committing to a performance agreement or
					 quality assurance plan.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-220, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-220,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › EMPLOYEE BUSINESS UNITS IN THE BID PROCESS › Section 200-320-225 - Limits on performance of services not contained in a contract

Current through Register Vol. 24-14, July 15, 2024
An employee business unit awarded a contract by an agency
						shall not perform or bid on solicitations for services not contained in its
						contract unless their agency approves in writing.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-225, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-225,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › SOLICITING BIDS › Section 200-320-300 - General administration may establish formats

Current through Register Vol. 24-14, July 15, 2024
The department of general administration may establish
						formats, guidelines, procedures, or instructions concerning solicitation,
						determining fully allocated costs, or submittal and evaluation of bids for use
						by agencies, employee business units, and other bidders.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-300, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-300,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › SOLICITING BIDS › Section 200-320-302 - Solicitation development

Current through Register Vol. 24-14, July 15, 2024
Employees whose work or positions may be displaced and
						potential bidders may provide technical assistance in the preparation of the
						solicitation document and performance work statement provided that their
						assistance does not create an unfair advantage over other bidders. Potentially
						displaced employees and potential bidders shall not determine the award
						methodology and scoring to be used in the evaluation of bids.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-302, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-302,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › SOLICITING BIDS › Section 200-320-305 - Solicitation content

Current through Register Vol. 24-14, July 15, 2024
Solicitations shall include:
(1) Complete bidder instructions;
(2) Submittal requirements;
(3) Performance work statement;
(4) Cost and noncost evaluation
					 criteria;
(5) Name and address of
					 the person designated to receive complaints and appeals;
(6) Agency's plan for publication and notice
					 of award/intent to award; and
(7)
					 Contract requirements, which shall include, but are not limited to:
(a) State standards as provided in WAC
					 236-51-210;
(b) Compliance and
					 adherence to a quality assurance plan;
(c) Measurable standards for the performance
					 of the contract;
(d) Methods used
					 to measure contract performance, costs, service delivery quality, and other
					 contract standards;
(e) Terms and
					 conditions;
(f) Provisions
					 requiring an entity other than an employee business unit to consider employment
					 of state employees who may be displaced by the contract;
(g) Cancellation provisions for improper or
					 failed performance;
(h) Complaint
					 process; and
(i) Appeal
					 process.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › SOLICITING BIDS › Section 200-320-306 - Cost evaluation criteria

Current through Register Vol. 24-14, July 15, 2024
(1) An agency shall compare its current
					 service cost against the total cost of contracting with the most responsive
					 employee business unit and nonemployee business unit as part of its evaluation
					 process.
(2) The total cost of
					 contracting shall not include solicitation related costs such as, but not
					 limited to:
(a) An evaluator's
					 time;
(b) Bid-related expenses;
					 or
(c) The cost of complaints or
					 appeal.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › SOLICITING BIDS › Section 200-320-310 - Amendment of solicitation

Current through Register Vol. 24-14, July 15, 2024
An agency may amend or change a solicitation provided the
						change is issued prior to the specified bid opening date and time. Any material
						information that an agency provides to one potential bidder shall be provided
						to all potential bidders consistent with WAC 236-51-320. Oral interpretations
						of the solicitation shall not be binding.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-310, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-310,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › SOLICITING BIDS › Section 200-320-320 - Public notice - Solicitations, amendments, and notices

Current through Register Vol. 24-14, July 15, 2024
(1) Agencies shall
					 post or otherwise publicize competitive contracting solicitations, amendments,
					 notice of intent to award, notice of award, or notice of cancellation using
					 methods and/or systems established by the department of general
					 administration.
(2) In addition to
					 using methods and systems provided above, agencies may post or otherwise
					 publicize competitive contracting solicitations, amendments, notice of intent
					 to award, notice of award, or notice of cancellation via other methods and/or
					 systems of their choosing.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-320, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-320,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE BIDDING PROCESS › Section 200-320-400 - Receiving bids

Current through Register Vol. 24-14, July 15, 2024
(1) Bidders shall
					 submit sealed bids in writing. Electronic submittal systems and processes may
					 be utilized provided the submittal meets the definition of a sealed bid and the
					 other requirements of this section.
(2) The agency shall ensure that bids remain
					 sealed until the opening date and time specified in the solicitation.
(3) The agency shall open all sealed bids at
					 the same time.
(4) Bidders shall
					 submit bids to the agency no later than the opening date and time, and at the
					 place specified, in the solicitation. An agency shall reject any bid received
					 at a place different than, or on a date and time later than, what was specified
					 in the solicitation.
(5) The agency
					 may modify bid submission dates. When modifying the time allowed for submitting
					 a bid, the agency shall issue an amendment as required by WAC 236-51-310 and
					 provide notice consistent with WAC 236-51-320.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-400, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-400,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE BIDDING PROCESS › Section 200-320-405 - Bid information disclosure

Current through Register Vol. 24-14, July 15, 2024
Upon submission, all bids become the property of the
						agency and, except for purposes of evaluation, shall not be released or
						otherwise distributed until after the agency completes the evaluation and
						issues its notice of intent to award. Evaluation team members shall maintain
						confidentiality of information to ensure the integrity of the process. After
						award and distribution of award information or posting of such information
						electronically for public review, the bids, quotes, and proposals of all
						bidders shall be open to public inspection at the offices of the purchasing
						activity during normal office hours. Copies of documents subject to public
						disclosure will be made available upon request in accordance with purchasing
						activity policy. The purchasing activity assumes no responsibility for the
						confidentiality of bids, quotes or proposals after award. Any document(s) or
						information which the bidder believes is exempt from public disclosure per RCW
						   42.17.310 shall be clearly identified by bidder and placed in a separate
						envelope marked with bid number, bidder's name, and the words "proprietary
						data" along with a statement of the basis for such claim of exemption. The
						state's sole responsibility shall be limited to maintaining the above data in a
						secure area and to notify bidder of any requests for disclosure within a period
						of five years from date of award. Failure to so label such materials or failure
						to provide a timely response after notice of request for public disclosure has
						been given shall be deemed a waiver by the bidder of any claim that such
						materials are, in fact, so exempt.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-405, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-405,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE BIDDING PROCESS › Section 200-320-410 - Bid evaluation

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
					    41.06.142(4)(d)(i) prohibits
					 employees who prepared the employee business unit's bid or who perform any of
					 the services to be contracted from participating in the bid evaluation
					 process.
(2) Members of an EBU or
					 others who provided technical assistance to the EBU in the development of their
					 bid shall be excluded from being evaluators.
(3) Evaluators cannot have a personal or
					 financial interest in the outcome of the award.
(4) Evaluators shall sign declaratory
					 statements certifying that they have no conflicts of interest and assuring
					 confidentiality.
(5) Evaluators
					 shall use only the evaluation criteria stated in the solicitation in evaluating
					 bids.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-410, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-410,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE COMPLAINT PROCESS › Section 200-320-500 - Who may file

Current through Register Vol. 24-14, July 15, 2024
Bidders or potential bidders may file complaints
						regarding the bidding process.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-500, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-500,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE COMPLAINT PROCESS › Section 200-320-502 - Time and place for filing complaints

Current through Register Vol. 24-14, July 15, 2024
Complaints shall be filed with the contracting agency
						head or designee identified in the solicitation prior to the expected date of
						award.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-502, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-502,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE COMPLAINT PROCESS › Section 200-320-505 - Form of complaints

Current through Register Vol. 24-14, July 15, 2024
Complaints shall be submitted in writing and shall
						include the following:
(1)
					 Complainant's name, address, and telephone number;
(2) Identification of the specific grounds
					 for filing the complaint; and
(3)
					 The relevant facts, arguments, exhibits, and supporting evidence known to the
					 complainant and related to each identified ground.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-505, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-505,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE COMPLAINT PROCESS › Section 200-320-510 - Grounds for filing a complaint

Current through Register Vol. 24-14, July 15, 2024
Complaints must be based on the bidding process, which
						includes, but is not limited to, one or more of the following factors:
(1) The manner in which the solicitation was
					 conducted;
(2) Undue constraint of
					 competition by requirements of the solicitation;
(3) Inadequate and/or improper criteria in
					 the solicitation document;
(4) Bias
					 or discrimination; or
(5) Conflict
					 of interest.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-510, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-510,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE COMPLAINT PROCESS › Section 200-320-515 - Agency's response to complaints

Current through Register Vol. 24-14, July 15, 2024
The agency shall respond to all complaints in writing
						prior to the award of the contract. If necessary, an agency shall extend the
						date of award to respond to all complaints.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-515, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-515,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE AWARD PROCESS › Section 200-320-600 - Notice of intent to award

Current through Register Vol. 24-14, July 15, 2024
(1) An
					 agency shall issue a notice of intent to award after concluding negotiations
					 authorized under WAC 236-51-605, if any, and prior to the date of award. This
					 notice shall also include a statement that any complaints must be filed prior
					 to the expected date of award.
(2)
					 Agencies shall notify all bidders of the intent to award consistent with WAC
					 236-51-320.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-600, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-600,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE AWARD PROCESS › Section 200-320-605 - Negotiations

Current through Register Vol. 24-14, July 15, 2024
The agency may enter into negotiations exclusively with
						the apparent successful bidder for the purpose of, but not limited to:
(1) Determining if the bid may be
					 improved;
(2) Clarifying elements
					 of the bid that are not sufficiently precise or direct; or
(3) Securing better terms and conditions for
					 the agency.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-605, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-605,
						  filed 3/17/04, effective 7/1/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Competitive Contracting › Chapter 200-320 - Competitive contracting › THE AWARD PROCESS › Section 200-320-610 - Award

Current through Register Vol. 24-14, July 15, 2024
(1) On the date of
					 award, the agency shall send an award notice to all bidders in accordance with
					 WAC 236-51-320.
(2) The award
					 notice shall include the right to appeal, the appeal deadline, and the address
					 for submitting an appeal. See WAC 236-51-700.
Statutory Authority: 2011 c 43. 11-23-093, recodified
						  as WAC 200-320-610, filed 11/17/11,
						  effective 11/17/11. Statutory Authority:
						  RCW
						     41.06.142. 04-07-104, § 236-51-610,
						  filed 3/17/04, effective 7/1/05.