[1]
Editor’s Note: Section 1 of Ordinance 605 (2021) repealed and replaced this chapter. Section 2 of Ordinance 255 (2001), §§ 1 and 2 of Ordinance 306 (2003) and Ordinance 394 (2007) were formerly codified in this chapter.
For general statutory provisions regarding competitive bidding for county contracts, purchases and leases, see RCW 36.32.240 et seq. and Chapter 39.04 RCW.
A. 
This chapter supplements state and federal law for public works executed at the cost of the county, purchases of equipment, materials, and supplies, leases of personal property, and architectural, engineering, telecommunications and data processing services. This chapter does not apply to the acquisition, sale, or lease of real property or disposal of personal property.
B. 
The director of the department of administrative services has authority and responsibility for the operation of the purchasing and records management division, and for the debarment of contractors for cause from consideration for award of contracts.
(Ord. 605 (2021) § 1, 2021)
The purchasing division is responsible for the development and oversight of policies and procedures that comply with the provisions of this chapter. The purchasing division will:
A. 
Act on behalf of all departments for contracts for public works, leases of personal property, and purchases of supplies, materials, and equipment except as otherwise required by law. Separately elected officials are encouraged to consult with the purchasing division to ensure compliance with applicable law.
B. 
Develop standards and procedures for contracts for public works, purchases of equipment, materials, and supplies, leases of personal property, and architectural, engineering, telecommunications and data processing services.
C. 
Establish and maintain internal controls that provide reasonable assurance that federal awards are being managed in compliance with state and federal law and with the terms and conditions of the award with respect to purchasing.
D. 
Provide purchasing services to departments and offices and make recommendations on all bid awards.
E. 
Assist in specification development, solicitation efforts, and award processes.
F. 
Assist departments and offices with compliance with the requirements of this chapter and with state and federal procurement law.
G. 
Improve purchasing productivity and control.
H. 
Standardize high volume purchases.
I. 
Develop automated requisition and reporting systems.
J. 
Except as otherwise provided in this chapter establish vendor lists and solicit the names of vendors for the lists.
K. 
Review specifications and the preparation of invitations to bid.
L. 
Check bids for accuracy and/or compliance with specifications and invitation to bid.
M. 
Establish procedures for protests of awards subject to competitive solicitation.
N. 
Establish procedures for debarments and maintain a consolidated list of all contractors debarred by the county.
O. 
At least annually, and together with the prosecuting attorney’s office, train county officials and employees in compliance with this chapter, the county’s policies and procedures with respect to purchasing, and state and federal law concerning contracting, procurement, and conflicts of interest.
P. 
Consult with the prosecuting attorney’s office when questions arise regarding the applicability of this chapter or state or federal law or grants or potential conflicts of interest.
Q. 
Perform other duties as may be required to further the purposes of this chapter.
(Ord. 605 (2021) § 1, 2021)
A. 
When planning projects or soliciting and reviewing bids for such projects, county departments will consider whether compost products, as defined in RCW 43.19A.010, can be utilized in the project.
B. 
To the extent required by RCW 43.19A.150(3), county departments will plan for the use of compost in the following categories:
1. 
Landscaping projects;
2. 
Construction and postconstruction soil amendments;
3. 
Applications to prevent erosion, filter stormwater runoff, promote vegetation growth, or improve the stability and longevity of roadways; and
4. 
Low-impact development and green infrastructure to filter pollutants or keep water on site, or both.
C. 
Notwithstanding subsections (A) and (B) of this section, county departments are not required to use compost products if:
1. 
Compost products are not available within a reasonable period of time;
2. 
Compost products that are available do not comply with existing purchasing standards;
3. 
Compost products that are available do not comply with federal or state health, quality, and safety standards; or
4. 
Compost purchase prices are not reasonable or competitive.
D. 
Before the transportation or application of compost products under this section, the county will ensure compliance with Department of Agriculture pest control regulations provided in Chapter 16-470 WAC.
E. 
County departments will give priority to purchasing compost products from companies that:
1. 
Produce compost products locally;
2. 
Are certified by a nationally recognized organization; and
3. 
Produce compost products that are derived from municipal solid waste compost programs and meet quality standards adopted by rule by the Department of Ecology.
F. 
To the extent required by RCW 43.19A.150(4), the public works department will develop strategies to inform residents about the value of compost and how the county uses compost in its operations in the county’s comprehensive solid waste management plan adopted pursuant to RCW 70A.205.045.
G. 
To the extent required by RCW 43.19A.150(5), by December 31, 2024, and each December 31st of even-numbered years thereafter, the county purchasing division will submit a report to the Department of Ecology covering the previous year’s compost procurement activities that contains the following information:
1. 
Total tons of organic material diverted each year;
2. 
The volume and cost of compost purchased each year; and
3. 
The source(s) of the compost purchased.
(Ord. 618 (2023) § 1, 2023)
As applicable to the particular contract, purchase, or award being considered and as established by resolution adopted by the board of county commissioners:
A. 
Competitive bidding may be waived and bid limits may be set at thresholds allowed by state law.
B. 
The small works roster or limited public works process may be utilized as an alternative to competitive bidding requirements.
C. 
The use of vendor lists is authorized within the thresholds allowed by state law, and the statewide electronic database for small public works roster and consulting services developed and maintained by the Municipal Research and Services Center of Washington (MRSC) may be used.
(Ord. 605 (2021) § 1, 2021; Ord. 621 (2023) § 1, 2023)
A. 
The county shall require a contractor’s bond that conforms with Chapter 39.08 RCW.
B. 
On contracts of $25,000.00 or less, Kitsap County may dispense with the requirement of a contractor’s bond, as permitted by RCW 39.04.155.
(Ord. 605 (2021) § 1, 2021; Ord. 621 (2023) § 3, 2023)
A. 
This section applies to contracts and purchases subject to competitive solicitation under this chapter or state or federal law.
B. 
Protests of awards of public works projects subject to competitive bid shall comply with RCW 39.04.105.
C. 
Protests of all other awards of contracts subject to competitive solicitation shall comply with procedures adopted by the purchasing division.
(Ord. 605 (2021) § 1, 2021)
A. 
The information services department and purchasing division must review all proposed procurements of, and contracts for, data processing hardware, software, telecommunications, automated records and storage systems, telecommunications, and information technology services prior to purchase for uniformity and compatibility with existing and planned county equipment, security issues, and functional redundancy of software or systems compared to existing county systems.
B. 
Electronic data processing or telecommunication equipment, software, or services may be solicited through competitive negotiation rather than through competitive bidding as provided in RCW 39.04.270.
C. 
Computer equipment, software, or services which are not related to electronic data processing or telecommunications, and which do not require configuration to work in the county’s information services environment, may be procured using the procedures for purchases of equipment, materials, and supplies established by the county purchasing division.
(Ord. 605 (2021) § 1, 2021; Ord. 621 (2023) § 4, 2023)
As authorized by Chapter 39.34 RCW, the county may enter into agreements with the state or with any public agency, political subdivision, or unit of local government to purchase goods or services cooperatively. Joint purchasing services are hereby authorized and encouraged with any other municipal corporations in Kitsap County.
(Ord. 605 (2021) § 1, 2021)
As authorized by Chapter 39.32 RCW, the county may purchase supplies, materials, electronic data processing and telecommunication equipment, software, services, and/or equipment from or through the United States government without calling for bids, notwithstanding any law or charter provision to the contrary.
(Ord. 621 (2023) § 5, 2023)
A. 
A contractor may be debarred if in the director’s opinion reasonable grounds exist to find that the contractor has done any of the following in connection with a contract with the state, the U.S. government, the county or a nonprofit public agency created by the county:
1. 
Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.
2. 
Conviction or a final determination in a civil action under state or federal statutes of fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, violation of the federal false claims act, 31 U.S.C. Section 3729 et seq., or the state Medicaid Fraud False Claims Act, Chapter 74.66 RCW, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects responsibility as a state contractor.
3. 
Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals.
4. 
A false statement or claim was made or submitted.
5. 
Violation of contract provisions, as set forth in this subsection, of a character that is regarded by the director of administrative services to be so serious as to justify debarment action:
a. 
Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract;
b. 
A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; however, the failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment; or
c. 
Engaged in a pattern or practice which negatively reflects on the contractor’s quality, fitness, or capacity to perform a contract.
6. 
Any other cause the director determines to be so serious and compelling as to affect responsibility as a contractor with the county, including debarment by another governmental entity for any cause listed in regulations.
B. 
The contractor shall be notified in writing of the basis for the proposed debarment and provided an opportunity to provide a written response and supporting documentation prior to making a determination.
C. 
After review of the seriousness and extent of the contractor’s acts, omissions, patterns, and/or practices, any relevant mitigating and aggravating factors, and any response from the contractor, the director shall issue a written debarment decision which must identify the (1) basis for the debarment, (2) term of debarment, and (3) right to administrative review.
D. 
The term of debarment should not exceed three years, unless circumstances warrant a longer period of debarment up to and including permanent debarment. To impose a permanent debarment or one longer than three years, in addition to the grounds described above, the director must find that the contractor’s acts or omissions are of such a serious nature that removal of the contractor from future county contracting opportunities for the specified period is necessary to protect the county’s interests.
E. 
In making a debarment determination, the director may, consistent with the terms of any existing contracts, terminate any or all existing contracts. If an existing contract is terminated, the county shall maintain the right to pursue all other rights and remedies provided by the contract and/or applicable law.
(Ord. 605 (2021) § 1, 2021)
A. 
When a contractor is debarred, all divisions or other organizational elements of the contractor and its affiliates are debarred, unless the debarment decision is limited by its terms to specific divisions or organizational elements.
B. 
County departments may not solicit offers from, award contracts to, or consent to subcontracts with a debarred contractor, except as otherwise provided herein. Debarred contractors may not conduct business with the county as agents, representatives, subcontractors, or partners of other contractors or act as individual sureties.
C. 
A debarment shall be effective for the term identified in the debarment decision. If contracts or subcontracts are in existence at the time the contractor was debarred, the debarment period shall commence upon the conclusion of the contract or subcontract. No other contracts shall be entered into with the debarred contractor.
D. 
Departments may not renew or otherwise extend the duration of current contracts, or consent to subcontracts with debarred contractors, except as otherwise provided herein.
E. 
The county shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed debarred subcontractors, provided the subcontractor was debarred prior to bid opening or opening of proposals.
F. 
The board of county commissioners, county administrator, or elected official may make exceptions to prohibitions against contracting with a debarred contractor or subcontractor in the event an emergency justifies such exception and it is in the best interests of the county to do so.
(Ord. 605 (2021) § 1, 2021)
Any decision of the director may be appealed to the county administrator or designee. A copy of a request for administrative review must be provided to the county administrator and county prosecuting attorney. The county administrator shall have the right to modify, deny, or affirm the decision. The county administrator shall render the final administrative determination on all protests and appeals.
(Ord. 605 (2021) § 1, 2021)
All persons involved in county purchasing are required to follow the rules regarding conflicts of interest as set forth in Chapter 42.23 RCW as now or hereafter amended and, in addition thereto, are expressly prohibited from soliciting or accepting, directly or indirectly, from any person, company, firm, or corporation to which any contract is or might be awarded, any rebate, gift, money, or any other thing of value whatsoever, except where given for the use and benefit of the county.
(Ord. 605 (2021) § 1, 2021)
Except where otherwise authorized or required by law, no contract or purchase may obligate expenditures or incur liabilities beyond the annual budget year unless the contract or purchase expressly authorizes the county to terminate the contract or purchase for convenience or in the event funding is terminated, withdrawn, limited or reduced.
(Ord. 605 (2021) § 1, 2021)
No contract or purchase shall be subdivided to avoid the requirements of this chapter. Dollar limits will be determined, not per item, but per purchase event. To determine the full cost of an item(s), the following criteria are applicable: (A) cost is determined before any trade-in allowance; (B) cost includes shipping; (C) cost does not include sales taxes, if any. Simultaneous purchases of supplies or services which are unrelated or otherwise not constituent parts of a larger item or service do not constitute “subdivisions” or “purchase events” for purposes of this section.
(Ord. 605 (2021) § 1, 2021)
Except as herein provided, or as otherwise provided by state or federal law, it shall be unlawful for any county official or employee to make any expenditure or contract to expend any money or incur any liability contrary to the provisions of this chapter and any such expenditure or contract shall not be approved by the board and in any event, whether approved or not, the county shall not be bound thereby.
(Ord. 605 (2021) § 1, 2021)
The provisions of this chapter shall be deemed automatically altered, amended, or superseded to conform to any applicable mandatory state or federal law, as of the effective date of any such enactment appertaining to the matters covered in this chapter, to the effect that the provisions of this chapter shall at all times be deemed to conform to, and never conflict with, said state or federal law.
(Ord. 605 (2021) § 1, 2021)