Washington Administrative Code
Title 326 - Minority and Women's Business Enterprises, Office of
Chapter 326-40 - Agency/educational institution operating procedures
Section 326-40-080 - Substitutions in contracts requiring participation of certified businesses
Universal Citation: WA Admin Code 326-40-080
Current through Register Vol. 24-06, March 15, 2024
(1) PRIME CONTRACTOR, VENDOR, OR CONSULTANT SUBSTITUTION.
(a) Prior to award of the contract: Where a
certified business that is the apparent low bidder is decertified or indicates
it is unable or unwilling to perform the contract prior to the award of the
contract, the state agency or educational institution may follow its usual
procedures for awarding to the next apparent low bidder, require the contractor
to meet goals by obtaining other certified businesses, or rebid.
(b) After award of the contract to a
certified prime contractor, vendor, or consultant, but prior to the start of
the work: Where the business is decertified or indicates that it is unable or
unwilling to perform the work after award of the contract, the agency or
educational institution may follow its usual procedures for awarding to the
next apparent low bidder, require the contractor to meet goals by obtaining
other certified businesses, or rebid. The agency or educational institution,
may, in its discretion, determine whether an increase in the amount of the
contract will be allowed based on the substitution.
(c) After start of work by a certified prime
contractor, vendor, or consultant, but prior to completion:
(i) Where the business is decertified after
commencing the work and the agency or educational institution determines that
substitution is impractical, the decertified contractor may continue to perform
the work.
(ii) Where a certified
prime contractor is unable or unwilling to complete the work, the agency or
educational institution shall follow its usual procedures to seek performance
of the contract, including the imposition of penalties or sanctions authorized
by the contract and may pursue all other remedies allowed by law.
(2) SUBCONTRACTOR OR SUBCONSULTANT SUBSTITUTION.
(a) Prior to award
of the contract: Where a certified business, selected as a subcontractor or
subconsultant to meet the bid specifications, is decertified or indicates it is
unable or unwilling to perform the work, the agency or educational institution
shall require the contractor or consultant to substitute another certified
business in the appropriate category, to meet the contract specifications. The
replacement firm may perform the same work or a different part of the
work.
(b) After award of the
contract but prior to start of work by the prime contractor or consultant:
Where a certified business, selected as a subcontractor or subconsultant to
meet the bid specifications, is decertified or indicates it is unable or
unwilling to perform the work, the agency or educational institution may
require the contractor or consultant to substitute another certified business
in the appropriate category to meet the contract specifications as stated in
the original bid. The replacement firm may perform the same work or a different
part of the work. The agency or educational institution, may, in its
discretion, determine whether an increase in the amount of the contract will be
allowed based on the substitution.
(c) After start of the work but prior to
completion by the prime contractor or consultant: Where a certified business,
selected as a subcontractor or subconsultant to meet the bid specifications, is
decertified or indicates it is unable or unwilling to complete the work after
the work has been started by the prime contractor or consultant, and the agency
or educational institution determines it to be impractical to substitute
another certified business to perform that work or any other portion of the
work at that point, then the contractor or consultant shall not be required to
substitute.
(3) REMEDIES. In the event of default by a bidder or contractor, the educational institutions and agencies retain the right to pursue appropriate legal remedies. Nothing herein shall be construed to give any business the right to unilaterally withdraw its bid or terminate the contract.
Statutory Authority: RCW 39.19.030(7). 92-20-079, § 326-40-080, filed 10/6/92, effective 11/6/92.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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