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KITTITAS COUNTY <br />DEPARTMENT OF PUBLIC WORKS <br />PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS <br />STUDY SESSION STAFF REPORT <br />STUDY SESSION DATE: December 13, 2021 <br />TOPIC: Public Works Electronic Bidding <br />ACTION REQUESTED: Docket with the Board's Legislative Lobbyist for 2022 <br />Work Program <br />LEAD STAFF: <br />Mark R. Cook <br />RECOMMENDATION: <br />Request support from the Board's legislative lobbyist as an item for his 2022 Kittitas <br />County work program. <br />BRIEFING SUMMARY: <br />• State agencies are allowed to solicit electronic public works (PW) bids. <br />• Counties with greater than 400,000 population may solicit electronic bids. <br />• Currently, small counties must receive all bids under "sealed cover". <br />• Multiple changes in Chapter 36 are required to support small county electronic <br />submittal of public works bids. <br />BACKGROUND: <br />The Washington State legislature authorized electronic submittal of Public Works bids <br />with Substitute House Bill (SHB) 1841 in 2014 (EXHIBIT 1). Revised Code of <br />Washington (RCW) at 36.32.235 (5) allows electronic bid submittal for counties that <br />have more than 400,000 population (EXHIBIT 2). RCW 36.77.020 requires small <br />counties accept "...all bids under sealed cover..." (EXHIBIT 3). All sealed bids require <br />bid deposit that is presumed to be hard copy format. <br />DISCUSSION: <br />The COVID 19 pandemic nearly disabled FW's delivery of the 2U20 Capital Facility <br />Plan. Ingenuity prevailed and PW was able to deliver the Brian Abbott Fish Barrier <br />Removal project at Vantage Highway across Coleman Creek. As we bid just as the <br />Governor issued his initial stay at home order, PW could not receive bids. A single <br />bridge supplier requested electronic submittal and we had to decline. Having received no <br />bids at all, PW sought sole source approval from the Board with support from the <br />Prosecuting Attorney's Office. Ultimately, we were able to secure the bridge <br />procurement and the project was delivered on time. A subsequent audit by the state <br />found that declared emergency (COVID 19) was insufficient rationale allowing our sole <br />source action. PW disagrees with the Auditor's Office and has not provided any <br />subsequent justification for our procurement actions. <br />Page 1 of 5 <br />Public Works "Work Session Staff Report", 2021 <br />