Supplemental Bidder Responsibility Criteria

I have recently written language for the University of Washington's "Instructions to Bidders" that provides a framework for how to handle the use of supplemental bidder responsibility criteria. If you recall, SHB 2010 defines bidder responsibility in Washington state.

The following is the language I've written for both mandatory and supplemental bidder responsibility criteria. Note that you need to fill in the supplemental criteria based on your specific project. The Task Force for Bidder Responsibility, part of CPARB, is working now to finalize suggested guidelines for implementing this new law.

The following is the language from the "Instructions to Bidders" for both mandatory and supplemental criteria:

A. It is the intent of Owner to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the Owner to submit documentation demonstrating compliance with the criteria. The bidder must:

1. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal;

2. Have a current Washington Unified Business Identifier (UBI) number;

3. If applicable:

a. Have Industrial Insurance (workers’ compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW;

b. Have a Washington Employment Security Department number, as required in Title 50 RCW;

c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW;

4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).

Specifier – If no supplemental bidder responsibility criteria will be applied in the evaluation of the low bidder, delete paragraphs B, C, and D below.

If supplemental bidder responsibility criteria relevant to the project will be applied in the evaluation of the low bidder, the following paragraphs B, C, and D should also be included. The criteria should be included in paragraph B, and the documentation to be submitted by the bidder must be stated in paragraph C. If the A/E and/or UW Project Manager believe that supplemental bidder responsibility criteria should be used on the project, consult with the Contracts Manager in the UW Capital Projects Office [(206) 221-4235] as soon as possible for discussions and development of the criteria.

B. In addition to the bidder responsibility criteria above, the bidder must also meet the following relevant supplemental bidder responsibility criteria applicable to the project:

1.

2.

3.

C. As evidence that the bidder meets the bidder responsibility criteria in paragraph B above, the apparent low bidder must submit the following documentation to the Owner within 48 hours of the bid submittal deadline. The Owner reserves the right to request such documentation from other bidders also.

1.

2.

3.

D. If the Owner determines the bidder does not meet the bidder responsibility criteria in paragraph B above and is therefore not a responsible bidder, the Owner shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees with this determination, it may appeal the determination within 24 hours of receipt of the Owner’s determination by presenting additional information to the Owner. The Owner will consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the Owner will not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination.