This chapter supplements state and federal law by providing procedures for County purchases of equipment, materials, and supplies; contracts for public works; and contracts for services.
This chapter does not replace state law or impose additional procedural requirements where state law authorizes alternative procedures or exemptions, such as purchases through the Washington Department of Enterprise Services or other public agencies pursuant to Chapter 39.34 RCW, purchases from or through the United States government pursuant to RCW 39.32.090, or purchases or contracts in the event of an emergency as provided in RCW 39.04.280. When state or federal funding sources require specific purchasing procedures in addition to or stricter than those in this chapter, the County shall comply with such procedures.
(Ord. 05-2024 § 3)
State law does not provide guidelines for selecting most service providers. Some federal and state funding sources provide guidance; however, in general counties are left to their own discretion in hiring contractors for services. This policy establishes guidance for department personnel when these cases arise.
Services typically covered by this policy include professional services, internet and computer network services, appraisals, consulting, planning, and wetlands evaluations, to name a few. Selected companies/individuals will typically provide advice, reports, opinions, representations, plans, etc. Service providers will be referred to as consultants.
Contracts for architectural and engineering services are governed by Chapter 39.80 RCW.
All service contracts shall be signed in accordance with the rules set out in SJCC § 3.24.090.
(Res. 71-1996; Ord. 9-2004 § 1; Ord. 32-2008 § 4; Ord. 05-2024 § 4)
A. 
For service contracts the County shall:
1. 
Prepare a brief description of the services to be provided, including the time frame, quality required, and sketches if appropriate.
2. 
Review the department's file for a consultant qualified to perform the work.
3. 
Request a proposal from the identified consultant.
4. 
Evaluate the proposal on the following bases:
a. 
Price;
b. 
Ability, capacity and skill to perform the work;
c. 
Character, integrity, reputation, judgment, experience and efficiency to perform the work;
d. 
Ability to perform the work within the time specified;
e. 
Quality of work under previous contracts;
f. 
Previous and existing compliance by the consultant with laws relating to those contracts;
g. 
Such other reasonable information as may be secured having a bearing on the decision to make the award.
B. 
The department head or elected official may accept or reject the proposal for any reason and call for a new proposal from a new consultant.
C. 
For contracts with architects and engineers the County shall follow the requirements of Chapter 39.80 RCW.
(Res. 71-1996; Ord. 9-2004 § 2; Ord. 32-2008 § 5)
For purchases of materials, supplies or equipment in an amount between $10,000 and $50,000 that are not associated with a public work, the County may dispense with advertisement and formal sealed bidding if such purchases are made in conformance with the following process:
A. 
Vendor Roster and Publication of Notice. A roster of available vendors shall be kept by the San Juan County auditor. At least twice a year, the County shall publish, in the County's official newspaper, notice of the existence of a roster(s) of vendors for materials, supplies, and equipment, and shall solicit names of vendors for the roster. Alternatively or in addition, the County may subscribe to a vendor roster service through the Municipal Research Service Center or other entity that undertakes publication and maintains vendor rosters in compliance with state law.
B. 
Quotations. The County shall use the following process to obtain telephone quotations from vendors for the purchase of materials, supplies, or equipment:
1. 
A written description shall be drafted of the specific materials, supplies, or equipment to be purchased, including the number, quantity, quality, and type desired, the proposed delivery date, and any other significant terms of purchase;
2. 
A County representative shall make a good faith effort to contact at least three of the vendors on the roster to obtain telephone or written quotations from the vendors for the required materials, supplies, or equipment;
3. 
If the vendor list contains fewer than three potential vendors for the item(s) to be purchased, the representative may solicit quotations from vendors not on the list. Three potential vendors should be contacted whenever possible;
4. 
The County representative shall not share a quotation from one vendor with other vendors solicited for a quotation on the materials, supplies, or equipment until the contract is awarded;
5. 
A written record shall be made by the County representative of each vendor's quotation on the materials, supplies, or equipment, and of any conditions imposed on the quotation by such vendor;
6. 
The County representative shall present to the responsible department head or elected official or to the County council all quotations and a recommendation for award of the contract to the responsible bidder with the lowest responsive bid.
C. 
Determining the Lowest Responsible Bidder. The County shall purchase the materials, supplies or equipment from the lowest responsible bidder after considering the elements set out in RCW 39.26.160 as it now exists or may hereafter be amended; provided, that whenever there is reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the County may call for new bids. Any or all bids may be rejected for good cause.
D. 
Award. The County council or the responsible department head or elected official shall review quotations and recommendations by County staff and award the contract to the lowest responsible bidder. A written record of each vendor's quotations shall be made open to public inspection or telephone inquiry after the award of the contract. The contract paperwork must include evidence that the purchasing requirements were met and the reason the vendor was chosen. If the bid is not awarded to the lowest price bidder under the rules of this chapter, the department must document the specific factors which justified the selection of the vendor. Any contract awarded under this subsection need not be advertised. A list of all contracts awarded using the uniform vendor list process shall be posted in accordance with RCW 39.04.200.
E. 
Applicable Statutes. RCW 36.32.245, 36.32.270 and 39.04.190 are applicable to the purchase of materials, supplies, and equipment.
(Ord. 9-2004 § 7; Ord. 32-2008 § 8; Ord. 05-2024 § 6)
A. 
All contracts for any purpose up to the amount of $10,000, and part of the County budget, may be signed by department heads and elected officials.
B. 
Contracts of more than $10,000, including public works contracts over $10,000 that are part of the County budget and obtained through the formal bidding process, may be signed by the County manager.
C. 
The County manager is authorized to open bid proposals, accept bids, execute construction contract documents and change orders and accept completed work for public works projects within the County budget.
D. 
Contracts that are not part of the current County budget shall be signed by the County council.
(Ord. 9-2004 § 11; Ord. 32-2008 § 15; Ord. 38-2008 § 1; Ord. 3-2011 § 2; Ord. 05-2024 § 13)
State law provides exemptions in certain circumstances from competitive bidding requirements. These exemptions include, but are not limited to:
A. 
Purchases made pursuant to RCW 39.04.270 (electronic data processing and telecommunications by competitive negotiation);
B. 
RCW 39.04.280 (sole source suppliers, public works during emergencies, purchase of insurance or bonds, purchases involving special facilities or market conditions);
C. 
RCW 36.32.245 (public defender services);
D. 
RCW 39.30.045 (purchases at auctions).
Nothing in this chapter shall impose requirements for competitive bidding where none exist under state law. Nothing in this chapter shall prevent a department head or elected official from soliciting requests for proposals or competitive bids when none are required by this chapter or state law.
(Ord. 9-2004 § 12; Ord. 32-2008 § 16)
The dollar limits and thresholds set forth in this chapter shall be adjusted automatically to reflect changes in limits or thresholds established by the State Legislature in RCW 36.32.245, 36.32.250, 39.04.152, and 39.04.155, as they now exist or may hereafter be amended, and those limits are incorporated herein by reference as if fully set forth.
(Ord. 05-2024 § 14)
The following standards apply to public works contracts:
A. 
Except as provided otherwise by state law and this code, the County shall adhere to a formal process of advertisement and sealed bidding for public works contracts pursuant to RCW 36.32.250 and Chapter 39.04 RCW.
B. 
For public works contracts with an estimated cost of $350,000 or less excluding state sales tax, the County may award contracts using the uniform small works roster process in Chapter 39.04 RCW, including direct contracting procedures where applicable.
C. 
Advertisement and competitive bidding may be dispensed with in the letting of any public works contract with an estimated cost of less than $40,000. The County will attempt to obtain the lowest practical price for such work.
D. 
The County shall comply with the applicable prevailing wage provisions of state law found in Chapter 39.12 RCW as it now exists or may hereafter be amended.
E. 
The County shall comply with the applicable apprenticeship provisions of state law found in RCW 39.04.320 as it now exists or may hereafter be amended.
(Ord. 05-2024 § 15)