ANNOUNCED AS TEMPORARYNo
Public procurement, nes
On May 12, 2015 the governor of Washington signed into law a bill (SB5024, now RCW 39.04.380) that is intended to apply pressure against other U.S. states that extend preferences to their own resident contractors by establishing a rule of reciprocity. The law does not explicitly provide for the treatment that is to be extended to nonresident contractors from outside the United States.
The bill amended existing law to provide (effective July 24, 2015) that the department of enterprise services must compile and update a list of the states that provide a bidding preference on public works contracts for their resident contractors. All state and local agencies with the authority to procure public works. In any bidding process for public works in which a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor. The law further provides that if any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or local authority, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.
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