HomeMy WebLinkAboutHearing Notice re Bidding and Purchasing JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters, County Administrator
FROM: Prosecuting Attorney's Office
Josh Peters, County Administrator -
Judy Shepherd,Finance Director
DATE: December 1,2025
RE: HEARING NOTICE re: In the Matter of Repealing and Replacing Chapter 3.55
JCC and Ordinance No. 08-1116-20
STATEMENT OF ISSUE:
Jefferson County Ordinance No. 05-0601-92 was adopted in 1992 to formalize the bidding
procedures as identified in RCW 36.32.245 to be used in Jefferson County,which was then
codified in in Chapter 3.55 of the Jefferson County Code(JCC). Ordinance No. 05-0601-92
was repealed and replaced by Ordinance No. 08-1116-20 on November 16, 2020. The
Washington State Auditor's Office has requested that Chapter 3.55 JCC be amended to
address procurements involving federal funds under 2 CFR Part 200 - Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Further, HB 1050, effective July 1, 2024, expanded apprentice utilization requirements
(AURs) applicable to municipalities, and SB 5268, effective July 1, 2024, repealed RCW
39.04.155 and replaced the small works procedures set out in RCW 39.04.152. RCW
39.04.152 expands the use of small works rosters, replacing the previous limited public works
threshold of $50,000 to an expanded threshold of $150,000 and allowing direct contracting
under certain conditions. Chapter 3.55 JCC must be repealed and replaced to address these
amendments.
ANALYSIS:
This ordinance will satisfy the Washington State Auditor's Office request to address
procurements involving federal funds under 2 CFR Part 200 - Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, allow the county
to take advantage of the expanded contracting requirements of HB 1050 and SB 5268, and
provide further clarity to the County's purchasing system for all county departments, agencies,
boards, commissions, and other operations of the county.
1
FISCAL IMPACT:
There is no fiscal impact for this Public Hearing Notice other than the cost of publication in
The Leader.
RECOMMENDATION:
Approve the Public Hearing Notice setting a public hearing for December 15, 2025, at
2:00 p.m. regarding Repealing and Replacing Chapter 3.55 JCC and Ordinance No. 08-1116-
20.
DEPARTMENT CONTACT:
Civil Division of the Prosecuting Attorney's Office can be reached at 360-385-9180.
REVIEWED BY:
067?-5--
J Peters, County Administrator Date
•
Please publish(1)time: Wednesday, December 3, 2025
Contact Person: Adiel McNight
Bill to: Jefferson County Commissioners
P.O. Box 1220
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
In the Matter of Repealing and Replacing Chapter 3.55 Jefferson County Code(JCC) and
Ordinance No. 08-1116-20
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
County Commissioners for Monday,December 15,2025 at 2:00 p.m. in the Commissioners'
Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID).
Notice of said hearing is to be published in the official newspaper of Jefferson County.
The purpose of this ordinance is to address procurements involving federal funds under 2 CFR Part
200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards,establish apprentice utilization requirements (AURs) applicable to municipalities as adopted
by HB 1050,and amend Chapter 3.55 JCC to remove reference to repealed RCW 39.04.155 and update
with the new expanded contracting options adopted by SB 5268, codified in RCW 39.04.152.
The information is available for viewing on the County website by visiting: www.co.jefferson.wa.us
—Board of Commissioners—Boards& Committees—BOCC Agenda Packets—2025 Weekly
Agenda Items— 15 December 2025 — 121525 —HEARING re: Bidding and Purchasing
You are welcome to participate in this hearing. You will need to join the meeting by 2:00 p.m. using
the following methods: VIRTUALLY: Via the following Zoom, link:
https://zoom.us/j/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784-
1705#and press *9 to "raise your hand"to be called upon. Access for the hearing impaired can be
accommodated using Washington Relay Service at 1-800-833-6384,or IN-PERSON at the address
listed above.
In addition, written testimony is also invited beginning on December 1,2025, and ending on
December 15, 2025,at the end of the Public Hearing, unless extended by the Board of County
Commissioners. Written public testimony may be submitted by Email to:
jeffbocc@co.jefferson.wa.us You may view documents and testimony received by visiting:
www.co.jefferson.wa.us—Board of Commissioners—Boards& Committees—BOCC Agenda
Packets—2025 Weekly Agenda Items— 15 December 2025 — 121525—HEARING re: Bidding and
Purchasing
You can also Mail your testimony to: Jefferson County Commissioners' Office; P.O. Box 1220, Port
Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners
by the end of the hearing testimony period.
Signed this 1st day of December, 2025.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
/S/Heidi Eisenhour, Chair
Page 1 of 13
STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing Chapter
3.55 of the Jefferson County Code (Bidding and
Purchasing Procedures)
ORDINANCE NO. _____________
WHEREAS, Ordinance No. 05-0601-92 was adopted in 1992 to formalize the bidding
procedures as identified in RCW 36.32.245 to be used in Jefferson County which was then codified
in in Chapter 3.55 of the Jefferson County Code (JCC); and,
WHEREAS, Ordinance No. 05-0601-92 was repealed and replaced by Ordinance No. 08-
1116-20 on November 16, 2020; and,
WHEREAS, the Washington State Auditor’s Office has requested that Chapter 3.55 JCC
be amended to address procurements involving federal funds under 2 CFR Part 200 - Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; and,
WHEREAS, HB 1050, effective July 1, 2024, expanded apprentice utilization
requirements (AURs) in RCW 39.04.320 and made them applicable to municipalities, including
Jefferson County. Chapter 3.55 JCC must be amended to address municipality requirements for
public works contracts within this threshold; and,
WHEREAS, SB 5268, effective July 1, 2024, repealed RCW 39.04.155 and adopted the
small works procedures set out in RCW 39.04.152, expanding the use of small works rosters,
increasing the previous public works threshold of $50,000 to a new threshold of $150,000, and
allowing direct contracting under certain conditions to increase the utilization of small businesses,
as authorized by County policy. Chapter 3.55 JCC must be amended to address the repealed statute
and expanded threshold; and,
NOW, THEREFORE, BE IT ORDAINED, that the Jefferson County Board of
Commissioners (Board) hereby adopt the code attached as Appendix A to repeal and replace
Chapter 3.55 JCC.
Section 1. Findings. The Board hereby adopts the recitals (the WHEREAS statements) as
its findings of fact supporting this Ordinance.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
Ordinance; it being herein expressly declared that this ordinance and each section, subsection,
paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact
that one (1) or more other sections, subsections, paragraphs, sentences, clauses, or phrases be
declared invalid or unconstitutional.
Section 3. Repealer. All prior resolutions and ordinances, including but not limited to Title
3, Chapter 3.55 of the Jefferson County Code as modified by Ordinance No. 05-1116020,
Page 2 of 13
establishing the requirements for letting of County contracts are hereby repealed and replaced. In
the event a prior resolution conflicts with this Chapter, this Chapter shall take precedence.
Section 4. Effective Date. This ordinance shall become effective immediately after being
approved by the Board.
Section 5. SEPA Categorical Exemption. This ordinance is categorically exempt from the
State Environmental Policy Act under WAC 197-11-800(19).
(SIGNATURES FOLLOW ON NEXT PAGE)
Page 3 of 13
APPROVED and ADOPTED this ________ day of _____________, 2025.
SEAL:
ATTEST:
_________________________________
Carolyn Gallaway, CMC Date
Clerk of the Board
Approved as to form only:
_________________________________
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Heidi Eisenhour, Chair
________________________________________
Heather Dudley-Nollette, Member
________________________________________
Greg Brotherton, Member
Page 4 of 13
APPENDIX A
JEFFERSON COUNTY CODE
TITLE 3 - CHAPTER 3.55
Bidding and Purchasing Procedures
3.55.010 Purpose.
It shall be the purpose of this chapter to establish a purchasing system to work with all County departments,
agencies, boards and commissions, and other operations of the County; to ensure efficiency in procurement
of supplies and equipment of the necessary quality; at the lowest possible cost to ensure compliance with
purchasing statutes, regulations, policies and procedures; to ensure efficient utilization of County property,
new and used.
3.55.020 Exemptions.
(1) The following are exempt from the bidding provisions of this chapter: purchases of goods and
services made pursuant to:
(a) RCW 39.04.270 (electronic data processing and telecommunications by competitive
negotiation);
(b) RCW 39.04.280 (sole source suppliers, public work during emergencies, purchase of
insurance bonds, purchases involving special facilities or market conditions);
(c) RCW 36.26.070 (Public Defender services);
(d) RCW 39.34 (Interlocal Cooperation Act)
(e) RCW 39.30.045 (Purchases at auctions);
(f) RCW 36.72.075 (Official County Newspaper);
(g) Grants by the County to non-profit organizations through grant agreements that include
services to be provided by the non-profit organization;
(h) License agreements;
(i) Employment agreements;
(j) Real estate purchase agreements; and,
(k) Real estate leases.
(2) Nothing in this Chapter shall impose requirements for competitive bidding where none exist under
State law to purchase public works; goods, equipment, supplies, or materials not connected with a
public works project; or architecture, engineering, landscape architecture, or surveying services.
(3) Nothing in this Chapter shall prohibit the solicitation of requests for proposals, requests for
qualifications, or competitive bids, when the purchases of goods and services are exempt from
bidding provisions under this Chapter or State law.
3.55.030 Provisions Mandatory.
(1) Except as provided in this Chapter, it shall be unlawful for any County Official to make any
purchase within the scope of this Chapter contrary to the provisions thereof and any such purchase
shall be “Ultra Vires” and the County shall not be bound thereby unless so approved by the Board
of County Commissioners.
(2) This Chapter is in addition to, and supplements, all applicable state and federal requirements as to
bidding and purchasing procedures.
Page 5 of 13
3.55.040 Multi-Year Contracts Authorized.
(1) In no event shall contracts exceed five (5) years in length, unless a longer length is authorized by
statute or authorized by the Board of County Commissioners, or the types of contracts listed below
when the nature of the contract warrants a longer-term:
(a) Employment agreements;
(b) Energy conservation contracts;
(c) Interlocal agreements as set for in Chapter 39.34 RCW;
(d) License agreements;
(e) Proprietary services or supplies required for a particular technology;
(f) Real estate purchase agreements;
(g) Real estate leases;
(h) Software licenses or software maintenance agreements; or,
(i) Solid waste long-haul, recycling or disposal agreements.
(2) Contracts which are let for a term less than five years may be extended, for a total term not to
exceed five years, without the necessity of complying with the bid solicitation processes contained
in this Chapter, but only if the additional years were requested to be bid in the bid specifications or
if contract extension language is included in the original contract.
3.55.050 Advertisement and Bidding for Public Works Contracts.
(1) The Small Works Roster may be used to award contracts for construction, building, renovation,
remodeling, alteration, repair or improvements of real property where the estimated cost does not
exceed $350,000, excluding state sales tax (or the most current limit set forth in RCW39.04.152 if
higher).
(2) If a public work, construction, alteration, repair, or improvement project is estimated to cost less
than $150,000, excluding state sales tax (or the most current limit set by RCW39.04.152, if higher),
the County may utilize the direct contracting process provided under RCW 39.04.152 in
accordance with County policy.
(3) Advertisement and competitive bidding may be dispensed with in the letting of any contract for a
public work involving less than $40,000 (or the most current limit set forth in RCW 36.32.250, if
higher).
(4) All public work contracts awarded after July 1, 2024 estimated to cost $2,000,000 or more, must
require that no less than 15 percent of the labor hours be performed by apprentices (or the most
current limit set forth in RCW 39.04.320, if lower).
3.55.060 Advertisement and Bidding for Non-Public Works Contracts.
(1) The County is not required to advertise or use informal or formal sealed bidding procedures or the
procedures set forth in this Chapter to purchase materials, supplies, or equipment under the
following circumstances:
(a) The purchase of any materials, supplies or equipment where the cost of the same will not
exceed $10,000 (or the most current limit set by RCW 36.32.245, if higher); or,
(b) The purchase of equipment, materials and supplies through a Washington State Master
Contracts Usage Agreement (MCUA) or through other interagency cooperative purchasing
agreements as set forth in Chapter 39.34 RCW.
Page 6 of 13
(2) Advertisement and formal bidding procedures may be dispensed with for purchases between
$10,000 and $50,000, (or the most current limits set by RCW 36.32.245, if higher), provided the
vendor list procedure provided for in RCW 39.04.190 is used.
(3) This Section does not apply to public works contracts.
3.55.070 Purchasing and Bidding Procedures.
(1) The County utilizes the Municipal Research and Services Center of Washington (MRSC) roster,
which was adopted as the statewide roster under RCW 39.04.151. The County shall advertise
annually the existence of its official rosters advertised and hosted in the online database for small
public works contracts, consulting services, and vendor services.
(2) Purchasing and Bidding Guidelines. Procedures for purchasing and bidding shall follow the
guidelines published in the following documents:
(a) The County Bidding Book, Washington State, July 2018 or as subsequently revised, by the
Municipal Research Services Center (MRSC).
(b) Contracting for Services, Guidelines for Local Governments in Washington State, June
2020 or as subsequently revised, by the Municipal Research Services Center (MRSC).
(3) Authority to Adopt Other Procedures or Process Documents. The County may develop other
procedures or process documents that are consistent with applicable federal or state law, which
shall be approved by the County Administrator.
(4) If the contract is funded in whole or in part by Federal funds, then the most restrictive of the local,
state, or federal procurement requirements must be followed. Federal purchasing and bidding
procedures may supersede state or local law. See the bidding process outlined in Section 3.55.080.
(5) Current Procurement Thresholds and Purchasing Procedures. The procurement dollar thresholds in
effect as of the date this Chapter was adopted and the related purchasing procedures are summarized
in Table 4.1.
Table 4.1: Procurement Thresholds and Purchasing Procedures
Category Amount Procedures Allowed State Law (partial list)
Public
Works
>$350,000 (or highest
limit in RCW 39.04.152)
Formal Competitive Bid RCW 36.32.250
$349,999 (or highest limit
in RCW 39.04.152)
Small Works Roster, or
Formal Competitive Bid
RCW 39.04.152
RCW 36.32.250
$0-$149,999 (or highest
limit in RCW
39.04.155(3))
Direct Contract from Small
Works Roster using
rotation if authorized by
County policy or
Small Works Roster, or
Formal Competitive Bid
RCW 39.04.152(4)(b)
RCW 39.04.152
RCW 36.32.250
Page 7 of 13
Table 4.1: Procurement Thresholds and Purchasing Procedures
Category Amount Procedures Allowed State Law (partial list)
$0-$39,999 (or highest
limit in RCW 36.32.250)
Advertising and Competitive
Bidding May Be Dispensed
With On Order of the
County Commissioners, or
Small Works Roster, or
Formal Competitive Bid
RCW 36.32.250
RCW 39.04.152
RCW 36.32.250 $0-$5,000 No retainage or performance
and payment bonds required
RCW 39.04.152
Page 8 of 13
Table 4.1: Procurement Thresholds and Purchasing Procedures
Category Amount Procedures Allowed State Law (partial list)
Purchase of
goods,
equipment,
supplies, or
materials not
connected
with a public
works
project
>50,000 (or highest limit
in RCW 36.32.245)
Formal Competitive Bid RCW 36.32.245
$10,000-$50,000 (or
highest limit in RCW
36.32.245)
Vendor List, or
Formal Competitive Bid
RCW 36.32.245(3)
RCW 36.32.245
$0-$9,999 (or highest limit
in RCW 36.32.245)
Advertising and Competitive
Bidding May Be Dispensed
With, or
Vendor List, or
Formal Competitive Bid
RCW 36.32.245(3)
RCW 36.32.245(3) &
RCW 39.04.190
RCW 36.32.245(1)&(2)
Architecture,
engineering,
landscape
architecture,
or surveying
services
All A&E projects,
regardless of cost
Qualifications-based Selection
Process
Chapter 39.80 RCW
Personal
services
$100,000 or more Bid, or
Request for Proposals, or
Request for Qualifications
N.A.
>$50,000-$99,999 (or
highest limit in RCW
36.32.245)
Consultant Roster, or
Bid, or
Request for Proposals, or
Request for Qualifications
N.A.
$10,000-$50,000 (or
highest limit in RCW
36.32.245)
Limited Consultant Roster, or
Consultant Roster, or
Bid, or
Request for Proposals, or
Request for Qualifications
N.A.
$0-$9,999 (or highest limit
in RCW 36.32.245)
Advertising and Competitive
Bidding May Be Dispensed
With, or
Limited Consultant Roster, or
Consultant Roster, or
Bid, or
Request for Proposals, or
Request for Qualifications
N.A.
Page 9 of 13
Table 4.1: Procurement Thresholds and Purchasing Procedures
Category Amount Procedures Allowed State Law (partial list)
Purchased
services
$100,000 or more Bid, or
Request for Proposals
N.A.
>$50,000-$99,999 (or
highest limit in RCW
36.32.245)
Consultant Roster, or
Bid, or
Request for Proposals
N.A.
$10,000-$50,000 (or
highest limit in RCW
36.32.245)
Limited Consultant Roster, or
Consultant Roster, or
Bid, or
Request for Proposals
N.A.
$0-$9,999 (or highest limit
in RCW 36.32.245)
Advertising and Competitive
Bidding May Be Dispensed
With, or
Limited Consultant Roster, or
Consultant Roster, or
Bid, or
Request for Proposals
N.A.
(6) Subdivision of Purchases Prohibited. No contract or purchase shall be subdivided to avoid the
requirements of this chapter.
3.55.080 Procurement Involving Federal Funds.
(1) Federal Purchasing and Bidding Guidelines. Procedures for purchasing and bidding shall follow
the guidelines published in the following document:
Essentials of Managing Federal Awards: A compliance Handbook, September 2024 or as
subsequently revised, by the Office of the Washington State Auditor.
(2) Procurements involving federal funds as set forth in 2 CFR Part 200 - Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards applies. 2 CFR
§200.317–.327 identify the regulations and standards. Specific sections that apply are:
(a) 200.319 – Competition
(b) 200.320 – Methods of procurement to be followed
(c) 200.321 – Contracting with small and minority businesses, women’s business enterprises,
and labor surplus area firms
(d) 200.324 – Contract cost and price
(e) Appendix XI – Compliance Supplement
Page 10 of 13
Table 4.2: Federal Procurement Methods Thresholds and Purchasing Procedures
Procurement Method Amount Procedures
Allowed
Federal Law (partial
list)
Informal
procurement for small
purchases
§200.320(a)
Micro-purchases $15,000 or less for
purchases/services
$2,000 or less for public
works
Higher thresholds possible
(see regulation)
Award without
soliciting
competitive price or
rate quotations if the
price is reasonable
based on research,
experience, purchase
history or other
information. The
County must
maintain documents
to support its
conclusion, must be
distributed equally
among suppliers, and
purchase cards may
be used at methods
of payment.
§200.320(a)(1)
Simplified acquisitions SAT or
up to $350,000, whichever
is less.
Must obtain price or
rate quotations from
an adequate number
of qualified sources,
except if exceptions
apply (see
regulation).
§200.320(a)(2)
§200.200.1
Formal procurement §200.320(b)
Page 11 of 13
Sealed bids SAT cannot exceed
$350,000, or more
Preferred method for
procuring
construction
services.
Publicly solicit bids
through an
invitation, publicly
open bids (local
governments only),
award a firm, fixed
price contract (lump
sum or unit price) to
lowest responsive
bid and responsible
bidder, except if
exceptions apply
(see regulation).
§200.320(b)(1)
§200.200.1
Page 12 of 13
Competitive proposals SAT cannot exceed
$350,000, or more
Utilize when
conditions are not
appropriate for using
sealed bids.
Must give public
notice and identify
all evaluation
factors and their
relative importance,
solicit proposals
from multiple
qualified entities, to
the maximum extent
practicable, consider
any proposals
submitted in
response to the
public notice, have
written procedures
for conducting
technical
evaluations and
making selections,
award the contract to
the responsible
offeror whose
proposal is most
advantageous,
considering
price and other
factors (may exclude
price as a
selection factor to
procure architectural
and engineering
professional
services), except if
exceptions apply
(see regulation).
§200.320(b)(2)
§200.200.1
Page 13 of 13
Noncompetitive
procurement
N.A. On if one of the
following
circumstances
applies:
The aggregate
amount of the
procurement
transaction does not
exceed the micro-
purchase threshold, a
single source can
only fulfill the
procurement
transaction, the
public exigency or
emergency for the
requirement will not
permit a delay from
providing public
notice of a
competitive
solicitation, a request
has been made in
writing to use a
noncompetitive
procurement method
and the awarding
agency provides
written approval, or
after soliciting
several sources,
competition is
determined to be
inadequate
§200.320(c)
3.55.090 Conflicts of Interest.
All persons involved in county purchasing are required to follow the rules regarding conflicts of interest as
set forth in the Jefferson County Personnel Administration Manual and Chapter 42.23 RCW as now or
hereafter amended and, in addition thereto, are expressly prohibited from accepting, directly or indirectly,
from any person, company, firm, or corporation to which any procurement or contract is or might be
awarded, any rebate, gift, money or anything of value whatsoever, except where given for the use and
benefit of the county. A recipient or subrecipient of an award must disclose in writing any potential conflict
of interest.