HomeMy WebLinkAboutHEARING re Bidding and Procurement REDLINE RED uNr VERSION
REVISED DRAFT FOR HEARING DECEMBER 15, 2025
The following are two redline copies of the latest revised draft of the Ordinance Repealing and
Replacing Chapter 3.55 of the Jefferson County Code (Bidding and Purchasing Procedures). The
first is a redline compared to the draft posted.The second is a redline of the final draft as compared
to Ordinance No.08-1116-20. Revisions were made to address staff comments received following
the posting of the proposed ordinance.
RED LINE VERSION
STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing Chapter
3.55 of the Jefferson County Code(Bidding and ORDINANCE NO.
Purchasing Procedures)
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 ii-cEhapter 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WHEREAS, Ordinance No. 05-0601-92 was repealed and replaced by Ordinance No. 08-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WHEREAS, SB 5268, effective July 1, 2024, repealed RCW 39.04.155 and adopted the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as authorized by County policy.Chapter 3.55 JCC must be amended to address the repealed statute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
Ic€hapter 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.
1 Section 3.Repealer.All prior resolutions and ordinances,including but not limited to Ride
3, cGhapter 3.55 of the Jefferson County Code as modified by Ordinance No. 08-1116-205-
Page 1 of 13
1 1 116020, establishing the requirements for letting of County contracts are hereby repealed and
replaced. In the event a prior resolution conflicts with this cEhapter, this cGhapter 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 2 of 13
APPROVED and ADOPTED this day of , 2025.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Heidi Eisenhour, Chair
Heather Dudley-Nollette, Member
Greg Brotherton, Member
SEAL:
ATTEST:
Carolyn Gallaway, CMC Date
Deputy Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 3 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
federal and state purchasing statutes, regulations, policies and procedures as currently enacted or as later
amended;to ensure efficient utilization of County property,new and used.
3.55.015 Definitions.
(1) "CFR"means the federal Code of Federal Regulations,as currently enacted or as later amended.
(2) "RCW" means the Revised Code of Washington, as currently enacted or may be amended in the
future.
(3) "SAT'means simplified acquisition threshold and has the same meaning as defined in 2 CFR
§200.200.1.
(4) "Small Works Roster"means the pre-established list of responsible contractors interested in
competing for small public works projects identified in JCC 3.55.070(1).
(5) "U.S.C."means the U.S.Code, as currently enacted or may be amended in the future.
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 cEhapter 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 cEhapter 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 cEhapter or State law.
Page 4 of 13
3.55.030 Provisions Mandatory.
(I) Except as provided in this cGhapter, it shall be unlawful for any County Official to make any
purchase within the scope of this cGhapter contrary to the provisions thereof and any such purchase
shall be"Ultra Vires"and the Ccounty shall not be bound thereby unless so approved by the bBoard
f commissioners.
(2) This cGhapter is in addition to,and supplements,all applicable state and federal requirements as to
bidding and purchasing procedures.
(3) The County in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat.
252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, affirmatively ensures that any contract
entered into pursuant its bidding and purchasing procedures affords disadvantaged business
enterprises full and fair opportunity to submit bids in response to invitation and they will not be
discriminated against on the grounds of race,color,or national origin in consideration for an award.
3.55.040 Multi-Year Contracts Authorized.
(I) 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 cGhapter 39.34 RCW;
(d) License agreements;
(e) Proprietary services or supplies required for a particular technology;
(t) 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 cGhapter,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.
(I) 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 RCW 39.04.152 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 RCW 39.04.152,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).
Page 5 of 13
(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 cEhapter 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 cEhapter 39.34 RCW.
(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
MRSC).
(b) Contracting for Services, Guidelines for Local Governments in Washington State, June
2020 or as subsequently revised,by the 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 Wederal 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. If federal funds are utilized,the County shall review
and comply with current federal purchasing and bidding procedures for each contract being
considered. See section 3.55.080 Procurement Involving Federal Funds
outlined i sSection 55 non
(5) Current Procurement Thresholds and Purchasing Procedures.The procurement dollar thresholds in
effect as of the date this cGhapter was adopted and the related purchasing procedures are
summarized in Table 4.1.
Page 6 of 13
Table 4.1: Procurement Thresholds and Purchasing Procedures
Category Amount Procedures Allowed State Law(partial list)
Public >$350,000(or highest Formal competitive bid RCW 36.32.250
Works limit in RCW 39.04.152)
$349,999(or highest limit Small works roster,or RCW 39.04.152
in RCW 39.04.152) Formal competitive bid RCW 36.32.250
$0-$149,999(or highest Direct contract from small RCW 39.04.152(4)(b)
limit in RCW works roster using rotation if
39.04.156.2(40 authorized by county policy,
or
Small works roster,or RCW 39.04.152
Formal competitive bid RCW 36.32.250
$0-$39,999(or highest RCW 36.32.250
limit in RCW 36.32.250) Bidding May Be Dispensed
County CThe board of
commissioners authorize
advertising and competitive
bidding to be dispensed with,
or RCW 39.04.152
Small works roster,or RCW 36.32.250
Formal competitive bid
$0-$5,000 No retainage,or performance RCW 39.04.152
and payment bonds required
Page 7 of 13
Table 4.1: Procurement Thresholds and Purchasing Procedures
Category Amount Procedures Allowed State Law(partial list)
Purchase of >50,000(or highest limit Formal competitive bid RCW 36.32.245
goods, in RCW 36.32.245)
equipment, $10,000-$50,000(or Vendor list,or RCW 36.32.245(3)
supplies,or highest limit in RCW Formal competitive bid RCW 36.32.245
materials not 36.32.245)
connected $0-$9,999(or highest limit Advertising and competitive RCW 36.32.245(3)
with a public in RCW 36.32.245) bidding may be dispensed
works with,or
project Vendor list,or RCW 36.32.245(3)&
RCW 39.04.190
Formal competitive bid RCW 36.32.245(1)&(2)
Architecture, All A&E projects, Qualifications-based selection Chapter 39.80 RCW
engineering, regardless of cost process
landscape
architecture,
or surveying
services
Personal $100,000 or more Bid,or N.A.
services Request for proposals,or
Request for qualifications
>$50,000-$99,999(or Consultant roster,or N.A.
highest limit in RCW Bid,or
36.32.245) Request for proposals,or
Request for qualifications
$10,000-$50,000(or Limited consultant roster,or N.A.
highest limit in RCW Consultant roster,or
36.32.245) Bid,or
Request for proposals,or
Request for qualifications
$0-$9,999(or highest limit Advertising and competitive N.A.
in RCW 36.32.245) bidding may be dispensed
with,or
Limited consultant roster,or
Consultant roster,or
Bid,or
Request for proposals,or
Request for qualifications
Page 8 of 13
Table 4.1: Procurement Thresholds and Purchasing Procedures
Category Amount Procedures Allowed State Law (partial list)
Purchased $100,000 or more Bid,or N.A.
services Request for proposals
>$50,000-$99,999(or Consultant roster,or N.A.
highest limit in RCW Bid,or
36.32.245) Request for proposals
$10,000-$50,000(or Limited consultant roster,or N.A.
highest limit in RCW Consultant roster,or
36.32.245) Bid,or
Request for proposals
$0-$9,999(or highest limit Advertising and competitive N.A.
in RCW 36.32.245) bidding may be dispensed
with,or
Limited consultant roster,or
Consultant roster,or
Bid,or
Request for proposals
(36) Subdivision of Purchases Prohibited.No contract or purchase shall be subdivided to
avoid the requirements of this chapter.
3.55.08075 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) 200.318—General procurement standards
EaX ) 200.319—Competition
(bc) 200.320—Methods of procurement to be followed
(s)LD 200.321 —Contracting with small and minority businesses,women's business enterprises,
and labor surplus area firms
(d)(c) 200.324—Contract cost and price
(eft Appendix XI—Compliance Supplement
Page 9 of 13
Table 4.2: Federal Procurement Methods Thresholds and Purchasing Procedures
Procurement Method Amount Procedures Allowed Federal Law(partial
list)
Informal §200.320(a)
pprocurement for
small purchases
Micro-purchases $15,000 or less for Award without §200.320(a)(1)
purchases/services soliciting
competitive price or
$2,000 or less for public rate quotations if the
works price is reasonable
based on research,
Higher thresholds possible experience,
(see regulation) 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 ats
methods of
payment.
Simplified acquisitions SAT or Must obtain price or §200.320(a)(2)
up to$350,000,whichever rate quotations from §200.200.1
is less. an adequate number
of qualified sources,
except if exceptions
may apply(see
regulation).
Page 10 of 13
Formal procurement- §200.320(b)
Sealed bids SAT cannot exceed Preferred method for §200.320(b)(I)
$350,000,or more procuring §200.200.1
construction
services.
Publicly solicit bids
through an
invitation,publicly
open bids(-leca-I-
onts .,ly)
award a firm,fixed
price contract(lump
sum or unit price)to
lowest responsive
bid and responsible
bidder,except if
exceptions may
apply(see
regulation).
Page 11 of 13
Competitive proposals SAT cannot exceed Utilize when §200.320(b)(2)
$350,000,or more conditions are not §200.200.1
appropriate for
using
sealed bids.
Must
(4)-give public notice
and identify all
evaluation
(1)factors and their
relative importance,
(2)-solicit proposals
from multiple
qualified entities,
(3)to the maximum
extent practicable,
consider any
proposals submitted
in response to the
public notice,
(2)have written
procedures for
conducting technical
evaluations and
making selections,
(3)award the contract
to the responsible
offeror whose
proposal is most
advantageous,
considering_
(4)price and other
factors(may
exclude price as a_
(3-)selection factor to
procure architectural
(4)and engineering
professional
services)
E,except if exceptions_
may apply(see
regulation).
Page 12 of 13
Noncompetitive N.A. Only if one of the §200.320(c)
procurement following
circumstances
applies:
(1)The aggregate
amount of the
procurement
transaction does not
exceed the micro-
purchase threshold,
�22a 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,
(4)a request has been
made in writing to
use a
noncompetitive
procurement method
and the awarding
agency provides
written approval,or
(+)(SLafter soliciting
several sources,
competition is
determined to be
inadequate_
3.55.0980 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 cGhapter 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.
Page 13 of 13
STATE OF WASHINGTON
COUNTY OF iEFFERSON
Contracting Process and Procedures }-
for All Offices, Departments and ) ORDINANCE NO.
Subd County of Jefferson County )
An Ordinance Repealing and Replacing Chapter
3.55 of the Jefferson County Code (Bidding and ORDINANCE NO.
Purchasing Procedures)
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 chapter 3.55 of the Jefferson County Code in Title 3,Chapter 3.55;(JCC);and,
WHEREAS, since 1992 inflation has risen at a collective rate of 85.5 percent; 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 hidAuditor'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 as s� „(AURs) in RCW 39.04.320 and made them applicable to municipalities,
including Jefferson County. Chapter 36.32 RCW have been revised a number3.55 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 times since 1992 aid clari'ication$50,000 to a new
threshold of the bidd' nd the ed' e f lett' nt. cts ed$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 fellowingcode 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.Severabilitl,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.Title 3, Chapter 3.55 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.
08-1116-2, 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 2 of 18
APPROVED and ADOPTED this day of , 2025.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Heidi Eisenhour, Chair
Heather Dudley-Nollette, Member
Greg Brotherton, Member
SEAL:
ATTEST:
Carolyn Gallaway, CMC Date
Deputy Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 3 of 18
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
federal and state purchasing statutes, regulations, policies and procedures as currently enacted or as later
amended;to ensure efficient utilization of County property,new and used.
3.55.015 Definitions.
(I) "CFR"means the federal Code of Federal Regulations,as currently enacted or as later amended.
(2) "RCW" means the Revised Code of Washington, as currently enacted or may be amended in the
future.
(3) "SAT"means simplified acquisition threshold and has the same meaning as defined in 2 CFR
§200.200.1.
(4) "Small Works Roster"means the pre-established list of responsible contractors interested in
competing for small public works projects identified in JCC 3.55.070(1).
(5) "U.S.C."means the U.S. Code, as currently enacted or may be amended in the future.
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 Glapterchapter 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.
Page 4 of 18
(3) Nothing in this GliapteFchapter 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 C-hapterchapter or State law.
3.55.030 Provisions Mandatory.
(1) Except as provided in this Chapterchapter,it shall be unlawful for any County Official to make any
purchase within the scope of this Chapterchapter contrary to the provisions thereof and any such
purchase shall be "Ultra Vires" and the GeHatycounty shall not be bound thereby unless so
approved by the Beardboard of ommissioners.
(2) This Chapterchapter is in addition to,and supplements,all applicable state and federal requirements
as to bidding and purchasing procedures.
(3) The County in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat.
252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, affirmatively ensures that any contract
entered into pursuant its bidding and purchasing procedures affords disadvantaged business
enterprises full and fair opportunity to submit bids in response to invitation and they will not be
discriminated against on the grounds of race,color,or national origin in consideration for an award.
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 Chapterchapter 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 Gliapter-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.
(I) 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 RCW
39.01.155,39.04.152 if higher).
(2) If a public work, construction, alteration, repair, or improvement project is estimated to cost less
than $-5A150,000, excluding state sales tax (or the most current limit set by RCW
39.04.155,39.04.152, if higher), the County may utilize the Limited
Page 5of18
his-Workcdirect contracting process provided under RCW 39.01.155(3).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 Chapterchapter 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 Chapterchapter 39.34 RCW.
(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) MD SC Rester The County may-sentract hutilizes the Municipal Research and Services Center
of Washington (MRSC) te-haveroster, 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
MRSC.
(b) Contracting for Services, Guidelines for Local Governments in Washington State, June
2020 or as subsequently revised, by the
(MRSC).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.
Page 6of18
(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. If federal funds are utilized, the County shall review
and comply with current federal purchasing and bidding procedures for each contract being
considered. See section 3.55.080 Procurement Involving Federal Funds .
(4)(5) Current Procurement Thresholds and Purchasing Procedures.-The procurement dollar thresholds
in effect as of the date this Chapterchapter was adopted and the related purchasing procedures are
summarized in Table 4.1.-
1 Page 7 of 18
Table 4.1: Procurement Thresholds and Purchasing Procedures
Category I Amount Procedures Allowed State Law(partial list)
Public >$350,000(or highest Formal Competitive- RCW 36.32.250
Works limit in RCW 13i4competitive bid
39.04.155152
$50,000-- Small Works Resterworks RCW 39.04.-1-54152
$350,000349,999(or roster,or RCW 36.32.250
highest limit in RCW Formal Competitive-
39.04.4-55152) 13idcompetitive bid
$0-$44149,999(or highest Limited Public Woks Process RCW 39.04.155(3152(4)(b)
limit in RCW
39.04.155(3))152)
Works Roster)or
Direct RCW 39.04.155152
contract from small works RCW 36.32.250
roster using rotation if
authorized by county policy,
or
Small works roster,or
Formal Competitive-
13competitive bid _
$0-$39,999(or highest Advertising and Competitive RCW 36.32.250
limit in RCW 36.32.250)
With On Orde..of the
Limited Dull:.. Works Process
The board
of commissioners authorize RCW 39.04.155(3)
advertising and competitive
bidding to be dispensed with,
or
Small We1s-Roster)-or RCW 39.01.155152
Small Works Roste:works RCW 36.32.250
roster,or
Formal Competitive
13idcom letitive bid
Pui--a�'chasc r RCW 36.32.245
goods,- in RCW 36.32.215)
equiPluentr , , vendor b ist O RC-141 3 44 245(3)
supplies,er- RCW 36.32.245
materiels 36.32.245)
conncctcd
with a public
works
project
Page.8 of 18
Table 4.1: Procurement Thresholds and Purchasing Procedures
Category I Amount I Procedures Allowed State Law(partial list)
$0 $9,999(or highest lim RCW 36.32.245(3)
in RCW 36.32.245)$0- Bidding Ma., Be Dispensed
$5,000 WithTef
Vendor List,or RCW 36.32.245(3)& RCW
39.04.4-90
No RCW 36.32.245(1)&(2)
retainage, or performance 152
and payment bonds required
Arehiteeture, All A&E projects, Qualifications based Selection Chapter 39.80 RCW
engineering regardless of cost_ Process
lambeope-
..hitectu
ef-stiFveying-
services
Page 9 of 18
Table 4.1: Procurement Thresholds and Purchasing Procedures iconiino.di?
Category Amount Procedures Allowed State Law(partial list)
Personal $ >50,000 for Bider N.A.RCW 36.32.245
sery ieesPurchase +eerehighest limit in RCW
Of-
of goods, 36.32.245) Request for
equipment, QualifteationsFormal
supplies,or _ competitive bid
materials not 4$10,000-$50,000- Consultant Roster, or N.A.RCW 36.32.245(3)
connected with a $99,999(or highest limit Bid er RCW 36.32.245
public works in RCW 36.32.245) Request f r Proposal
project Request for
Qual-ifteagoasVendor list, or
Formal competitive bid
$4&900-$�0090-$9,999 Limited Consultant Roster, or RCW 36.32.245(3)N.A.
(or highest limit in RCW Consultant R ster
36.32.245) Bier
RCW 36.32.245(3)&
Retest-for- RCW 39.04.190
Qual-ifteationsAdvertising RCW 36.32.245(1)&(2)
and competitive bidding may
be dispensed with, or
Vendor list, or
Formal competitive bid
Architecture, $0 $9,999(or highest limit Chapter 39.80
engineering, in RCW 36.32.2'l5)All RCWN.A.
landscape A&E projects, regardless With,,Of
architecture,or of cost Limited Consultant R ster
surveying services
Bid,or
Request for Proposal
Request-€or-Qualifications:
based selection process
Personal $100,000 or more Bid,or N.A.
services Request for Proposalsproposals,
or
Request for Qualifications
>$50,000-$99,999(or Consultant Resterroster,or N.A.
highest limit in RCW Bid,or
36.32.245) Request for Brepesalsproposals,
or
Request for qualifications
Page 10 of 18
$10,000-$50,000(or Limited EeeseRant- N.A.
highest limit in RCW Rester-consultant roster,or
36.32.245) Consultant Resterroster,or
Bid,or
Request for lrepesalsproposals,
or
Request for qualifications
$0-$9,999(or highest limit Advertising and Competitive- N.A.
in RCW 36.32.245)
competitive bidding
may be dispensed with,or
Limited consultant roster,or
Consultant Roster,or
Censultant-Restefroster,or
Bid,or
Request for Proposal
or
Request for qualifications
l)I L• 11of18
Table 4.1: Procurement Thresholds and Purchasing Procedures
Category Amount Procedures Allowed State Law (partial list)
Purchased $100,000 or more Bid, or N.A.
services Request for proposals
>$50,000-$99,999(or Consultant roster,or N.A.
highest limit in RCW Bid, or
36.32.245) Request for proposals
$10,000-$50,000(or Limited consultant roster,or N.A.
highest limit in RCW Consultant roster,or
36.32.245) Bid,or
Request for proposals
$0-$9,999(or highest limit Advertising and competitive N.A.
in RCW 36.32.245) bidding may be dispensed
with,or
Limited consultant roster,or
Consultant roster, or
Bid, or
Request for proposals
(6) Subdivision of Purchases Prohibited. No contract or purchase shall be subdivided to avoid the
requirements of this chapter.
3.55.075 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
§200.3I7—.327 identify the regulations and standards. Specific sections that apply are:
(a) 200.318—General procurement standards
(b) 200.319—Competition
(c) 200.320— Methods of procurement to be followed
(d) 200.321 —Contracting with small and minority businesses,women's business enterprises,
and labor surplus area firms
(e) 200.324—Contract cost and price
(0 Appendix XI —Compliance Supplement
Page 12 of 18
Table 4.2: Federal Procurement Methods Thresholds and Purchasing Procedures
Procurement Method Amount Procedures Allowed Federal Law (partial
list)
Informal §200.320(a)
procurement for small
urchases
Micro-purchases $15,000 or less for Award without $200.320(a)(1)
purchases/services soliciting
competitive price or
$2,000 or less for public rate quotations if the
works price is reasonable
based on research,
Higher thresholds possible experience,
(see regulation) 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 as
methods of
payment.
Simplified acquisitions SAT or Must obtain price or $200.320(a)(2)
up to$350,000, whichever rate quotations from §200.200.1
is less. an adequate number
of qualified sources,
exceptions may
apply(see
regulation).
Page 13 of 18
Formal procurement §200.320(b)
Sealed bids SAT cannot exceed Preferred method for $200.320(b)(1)
$350,000,or more procuring §200.200.1
construction
services.
Publicly solicit bids
through an
invitation,publicly
open bids,award a
firm,fixed price
contract(lump sum
or unit price)to
lowest responsive
bid and responsible
bidder,exceptions
may apply(see
regulation).
Page 14 of 18
L
Competitive proposals SAT cannot exceed Utilize when 4200.320(b)(2)
$350,000,or more conditions are not §200.200.1
appropriate for
using sealed bids.
Must:
(1)give public notice
and identify all
evaluation factors
and their relative
importance,
(2)solicit proposals
from multiple
qualified entities,
(3)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,
(4)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)
Exceptions may apply
(see regulation).
Page 15 of 18
Noncompetitive \ Only if one of the §200.320(c)
procurement following
circumstances
applies:
(1)The aggregate
amount of the
procurement
transaction does not
exceed the micro-
purchase threshold,
(2)a single source can
only fulfill the
procurement
transaction,
(3)the public exigency
or emergency for
the requirement will
not permit a delay
from providing
public notice of a
competitive
solicitation,
(4)a request has been
made in writing to
use a
noncompetitive
procurement method
and the awarding
agency provides
written approval,or
(5)after soliciting
several sources,
competition is
determined to be
inad
3.55.080 Conflicts of Interest.
All persons involved in county purchasing are required to follow the rules regarding conflicts of interest as
set forth in Gliaptefthe 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.
3.55.090
414e feroitiffift pom=t-ir t-li=k OF€1444€44ec; i herein
Pave 16 of 18
•
•
•
•
3.55.100 Repealer.
Chapter this Chapter shall take po cedenee 3.55.110 Effective Date
•
Page 17 of 18
DATED this day of ,2020.
JEFFERSON COUNTY
SEAL: BOARD OF COMMISSIONERS
Greg Brotherton,Chairman
Kate Dear, Member
David Sullivan, Member
Carolyn Gallaway Date
Deputy Clerk of the Board
Philip Hunsucker Date
ChiefCiyil Deputy Prosecuting Attorney
Page 18 of 18