The Repository of State Practices (RoSP) is a database of state procurement statutes, regulations, and policies. NASPO’s Research and Innovation team continually update the RoSP. Best Value Procurement best-value-procurement rosp_category State authority to conduct best value procurement (BVP) raw WA ST 39.26.160(3)
(3) In determining the lowest responsive and responsible bidder, an agency may consider best value criteria, including but not limited to:
(a) Whether the bid satisfies the needs of the state as specified in the solicitation documents;
(b) Whether the bid encourages diverse contractor participation;
(c) Whether the bid provides competitive pricing, economies, and efficiencies;
(d) Whether the bid considers human health and environmental impacts;
(e) Whether the bid appropriately weighs cost and noncost considerations; and
(f) Life-cycle cost.
https://app.leg.wa.gov/RCW/default.aspx Public Link: Bid Protest bid-protest rosp_category Statutory, regulatory, and procedural guidance for bid protests raw WA ST 39.26.170; WA ST 39.04.105
Good and Services Procurement see WA ST 39.26.170
Public Works Procurement see WA ST 39.04.105
Statutory Guidance Bid Responsiveness bid-responsiveness rosp_category Statutory, regulatory, and procedural guidance for bid responsiveness raw Washington Procurement Manual 4.7b. Responsiveness Evaluation. p. 24
4.7.b.RESPONSIVENESS EVALUATION
Responsiveness means compliance with the requirements of the solicitation. When determining responsiveness, the responses must be evaluated consistent with the solicitation requirements, including specifications and contractual terms and conditions. Absolute conformity is not required but a response must substantially comply with the material aspects of the solicitation. A response that fails to conform to the material requirements of the solicitation is to be rejected. The Bidder is to be notified of the reasons for such rejection (WAC 236-48-098). However, the Purchasing Authority at its discretion may waive an informality in a response (WAC 236-48-124). An informality is defined in rule as an “immaterial variation from the exact requirements of the competitive solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders” (WAC 236-48-003(18)).Common mistakes that result in a nonresponsive determination include:•Bidder fails to provide or submit all information as required.•Bidder does not possess the required credentials, qualifications, certifications, personnel, equipment, or resources to be eligible for consideration. •Bidder fails to meet the minimum specification requirements. •Bidder fails to accept the terms, conditions, or requirements of the solicitation.•Bidder will not accept an award unless the solicitation terms and conditions are modified or altered.•Bidder indicates that it will only accept an award for all line items when the solicitation allows award by line item or aggregate grouping of line items. ( See WAC 236-48-094). •An authorized signature page is not signed and there is no satisfactory evidence submitted prior to due date and time which clearly indicates the Bidder’s desire to be bound by his/her bid such as a signed cover letter. (See WAC 236-48-071). •The item bid does not meet the stated specifications and the Bidder has not indicated the item bid is an alternate. (See WAC 236-48-083).
Yes Bidder Responsibility bidder-responsibility rosp_category Statutory, regulatory, and procedural guidance for bidder responsibility raw WA ST 39.26.160(2)
(2) In determining whether the bidder is a responsible bidder, the agency must consider the following elements:
(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(c) Whether the bidder can perform the contract within the time specified;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws relating to the contract or services;
(f) Whether, within the three-year period immediately preceding the date of the bid solicitation, the bidder has been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and
(g) Such other information as may be secured having a bearing on the decision to award the contract.
https://app.leg.wa.gov/rcw/default.aspx Public Link: Yes Evaluation Committees evaluation-committees rosp_category The rules concerning the size and composition of evaluation committees for formal solicitations raw Washington Procurement Manual 10.5 p.62
Committee membership can be justified (e.g. technical expert or end user). The
procurement coordinator facilitates the process but does not typically serve as an
evaluator on the committee.
• The committee includes at least three members.
https://des.wa.gov/sites/default/files/2022-06/Washington-Purchasing-Manual.pdf Public Link 1: Minimum of 3 members, including technical experts and end users; procurement coordinator facilitates the committee. Goods and Services Procurement goods-and-services-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of goods and services raw WA ST 39.26.090
The director shall:
(1) Establish overall state policies, standards, and procedures regarding the procurement of goods and services by all state agencies;
(2) Develop policies and standards for the use of credit cards or similar methods to make purchases;
(3) Establish procurement processes for information technology goods and services, using technology standards and policies established by the office of the chief information officer under *chapter 43.41A RCW;
(4) Enter into contracts or delegate the authority to enter into contracts on behalf of the state to facilitate the purchase, lease, rent, or otherwise acquire all goods and services and equipment needed for the support, maintenance, and use of all state agencies, except as provided in RCW 39.26.100;
(5) Have authority to delegate to agencies authorization to purchase goods and services. The authorization must specify restrictions as to dollar amount or to specific types of goods and services, based on a risk assessment process developed by the department. Acceptance of the purchasing authorization by an agency does not relieve the agency from conformance with this chapter or from policies established by the director. Also, the director may not delegate to a state agency the authorization to purchase goods and services if the agency is not in substantial compliance with overall procurement policies as established by the director;
(6) Develop procurement policies and procedures, such as unbundled contracting and subcontracting, that encourage and facilitate the purchase of goods and services from Washington small businesses, microbusinesses, and minibusinesses, and minority and women-owned businesses to the maximum extent practicable and consistent with international trade agreement commitments;
https://app.leg.wa.gov/rcw/default.aspx Public Link: Central Procurement Office Procurement Website procurement-website rosp_category Official state procurement website for public raw https://des.wa.gov/ Public Link: State Procurement Manual state-procurement-manual rosp_category Official state procurement manual available to public raw https://des.wa.gov/sites/default/files/2022-06/Washington-Purchasing-Manual.pdf Public Link: State Statutes and Regulations state-statutes-and-regulations rosp_category State databases of statutes and regulations raw https://apps.leg.wa.gov/rcw/ Resource Public Link 1: Resource 1: Title 39. Public Contracts and Indebtedness https://apps.leg.wa.gov/wac/ Resource Public Link 2: Resource 2: Title 200. Enterprise Services, Department ofContracts and Supply Chain Management State-Wide Contracts state-wide-contracts rosp_category Awarded contracts as provided by each state raw https://apps.des.wa.gov/DESContracts/ State-Wide Contracts Link: Supplier Registration supplier-registration rosp_category Information for suppliers as provided by each state raw https://des.wa.gov/sell Supplier Registration Link: Technology Procurement technology-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of technology raw WA ST 39.26.090(3) State Central Procurement Office with the Chief Information Officer