AN ACT Relating to addressing diesel vessel procurement at the Washington state ferries;
Bill Description
Addressing diesel vessel procurement at the Washington state ferries.
What this bill does Powered by Legitron
This bill adds a new section to chapter 47.60 RCW and amends several existing ferry and toll-related statutes to direct the Washington State Department of Transportation (DOT) to procure replacement "clean diesel" vessels for the Issaquah class and to authorize acquisition of up to five new hybrid diesel-electric 144-vehicle ferries. It creates a procurement framework that allows multiple-contract approaches and multiple procurement methods (design-build, design-bid-build or equivalent, or lease-with-option-to-buy subject to governor and legislative committee approval and available appropriations). Contracts under the new section must be for a minimum of two vessels, may include options up to five, and are expressly exempted from RCW 47.60.810 through 47.60.824.
The bill makes several procedural procurement changes and preferences: it requires an in-state construction bid credit equal to 13 percent of the bid price (adjusted to the share of work done in Washington), requires life-cycle cost analyses that include fuel efficiency for propulsion systems and gives life-cycle cost at least equal weight to initial price when used, allows competitive sealed proposal (RFP) procurements when invitation-for-bid is impracticable, and authorizes incentives for design changes that reduce required crew, life-cycle costs, or accelerate delivery. It requires third-party experts and an independent owner's representative for initial vessels of new classes to provide project oversight and semiannual reporting to legislative transportation committees and the Office of Financial Management. Contractors must meet apprenticeship, water pollution control, small business, and applicable federal disadvantaged business enterprise requirements. The DOT is affirmed as having full charge of ferry planning, construction, operation and maintenance (subject to certain exceptions) and is authorized to negotiate no-bid contracts in specified emergency repair situations and for single-source vessel dry-dockings (not to exceed two years).
Statutory references amended or added include a new section in chapter 47.60 RCW and amendments to RCW 47.56.030, RCW 47.60.010, and RCW 47.60.810, among others; the act is effective immediately and declares an emergency. Important text is missing from the provided excerpts (including the full three-phase RFP process language in subsection (3) of RCW 47.60.810, the text of RCW 47.60.826 referenced as an exception, the exact citation for the new section, and whether the duplicate amendment listing for RCW 47.56.030 is intentional), so some implementation details and cross-references cannot be fully described from the available material.
Why it matters Powered by Legitron
If enacted, the bill directs the Washington State Department of Transportation to contract for replacement ferries (including up to five new 144-vehicle hybrid diesel-electric ferries and acceleration options) with flexible procurement methods, requires minimum two-vessel contracts, and gives a 13 percent bid credit to work done in Washington so in-state shipyards are more likely to win work. The department must use life‑cycle cost analysis for propulsion bids, may award incentives for designs that lower crew or life‑cycle costs or speed delivery, can use emergency or single-source dry-dock contracts for up to two years, and must hire independent and third‑party oversight who report semiannually; lease-with-option purchases need governor and legislative committee approval and are subject to appropriations.
Most affected are WSDOT and Washington State Ferries (they take on expanded contracting, oversight, reporting, and approval responsibilities and potentially higher coordination costs), Washington shipbuilders (likely more business due to the in-state bid credit and incentives), and bidders from outside Washington (who face a competitive disadvantage). Contractors must meet apprenticeship, pollution control, disadvantaged business, and small business goals. Important implementation details are missing from the extracts (full three-phase procurement language and the referenced RCW 47.60.826), so precise limits and procedures remain unclear.