AGC Concerned About Bidder Responsibility

The Associated General Contractors of Washington (AGC) published an item on their website on July 22, 2008 expressing their concern about how certain public agencies are implementing the provisions of RCW 39.04.350,the bidder responsibility legislation. This law, which became effective on July 22, 2007, was passed by the Washington State Legislature as SHB 2010. The legislation gives public agencies the opportunity to establish relevant supplemental bidder responsibility criteria for public works construction projects.

The AGC is concerned that some agencies are establishing criteria that overly restrict the bidding pool and eliminate otherwise qualified bidders from submitting a bid. I have not seen the bidder responsibility language from King County and Community Transit that the AGC noted as problems.

It is important for public agencies to understand how to use this new tool properly. I have done a significant amount of training across the State in the last year on this subject. In addition, the Capital Projects Advisory Review Board (CPARB) has adopted Suggested Guidelines for Bidder Responsibility that provides helpful suggestions for how to implement the new law.

If you would like assistance on developing or reviewing supplemental bidder responsibility criteria for a particular project or would like training for your agency, please contact me. In addition, if you hear of problems arising from the implementation of the law, please let me know.