Diesel vessels/state ferries

AN ACT Relating to addressing diesel vessel procurement at the 1
Washington state ferries; amending RCW 47.56.030, 47.56.030, 2
47.60.010, 47.60.810, 47.60.826, 47.56.030, and 47.56.030; adding a 3
new section to chapter 47.60 RCW; providing an effective date; 4
providing an expiration date; and declaring an emergency.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. A new section is added to chapter 47.60 7
RCW to read as follows: 8
(1) The department shall contract for the acquisition of clean 9
diesel ferry vessels that can carry between 125 and 140 vehicles and 10
no more than 1,200 passengers. The department may use a multiple 11
contract procurement approach to potentially accelerate vessel 12
delivery. 13
(2)(a) Prior to issuing a request for proposals from bidders, the 14
department shall seek input from the maritime shipbuilding industry 15
on ferry construction best practices. 16
(b) The contract or contracts must be for a minimum of three 17
vessels and are exempt from the requirements set forth in RCW 18
47.60.810 through 47.60.824. 19
(c) The contract or contracts may employ the following 20
procurement methods: 21
S-4371.1
SENATE BILL 6331
State of Washington 69th Legislature 2026 Regular Session
By Senator Fortunato
p. 1 SB 6331
(i) Design-build procedure as authorized under chapter 39.10 RCW;1
(ii) Design-bid-build as authorized under chapter 39.04 RCW or an 2
equivalent process allowed in statute as determined by the 3
department; or 4
(iii) Lease with an option to buy in accordance with RCW 5
47.60.010. The terms of any plan to pursue a lease with an option to 6
buy agreement must be approved by the governor and appropriate 7
committees of the legislature and are subject to the availability of 8
amounts appropriated for this specific purpose. 9
(d) The department must award a credit of 13 percent of the bid 10
price for bid proposals for vessels constructed in the state of 11
Washington, which must be adjusted to reflect the proportion of the 12
construction of the vessels that occurs within the state. This credit 13
represents the: 14
(i) Amount of economic and revenue loss to the state of 15
Washington from constructing vessels outside the state of Washington, 16
as indicated by the Washington institute for public policy study 17
regarding Washington state ferry vessel procurement dated December 18
2016; and 19
(ii) Additional costs of transport, potential delay, and owner 20
oversight incurred for construction at shipyards located outside the 21
state of Washington. 22
(e) The department may not limit the means of transportation 23
utilized for the delivery voyage of any vessel acquired pursuant to 24
this act. 25
(3) Any new ferry contract signed under this section must 26
guarantee a delivery date on or before December 31, 2032.27
(4) The department shall report to the governor and the 28
transportation committees of the legislature on any known project 29
delivery issues that may delay or hinder the delivery of vessels 30
within three months of the effective date of this section.31
Sec. 2. RCW 47.56.030 and 2023 c 429 s 6 are each amended to 32
read as follows: 33
(1) Except as permitted under chapter 47.29 or 47.46 RCW:34
(a) Unless otherwise delegated, and subject to RCW 47.56.820, the 35
department of transportation shall have full charge of the planning, 36
analysis, and construction of all toll bridges and other toll 37
facilities including the Washington state ferries, and the operation 38
and maintenance thereof. 39
p. 2 SB 6331
(b) The transportation commission shall determine and establish 1
the tolls and charges thereon. 2
(c) Unless otherwise delegated, and subject to RCW 47.56.820, the 3
department shall have full charge of planning, analysis, and design 4
of all toll facilities. The department may conduct the planning, 5
analysis, and design of toll facilities as necessary to support the 6
legislature's consideration of toll authorization. 7
(d) The department shall utilize and administer toll collection 8
systems that are simple, unified, and interoperable. To the extent 9
practicable, the department shall avoid the use of toll booths. The 10
department shall set the statewide standards and protocols for all 11
toll facilities within the state, including those authorized by local 12
authorities. 13
(e) Except as provided in this section, the department shall 14
proceed with the construction of such toll bridges and other 15
facilities and the approaches thereto by contract in the manner of 16
state highway construction immediately upon there being made 17
available funds for such work and shall prosecute such work to 18
completion as rapidly as practicable. The department is authorized to 19
negotiate contracts for any amount without bid under (e)(i) and (ii) 20
of this subsection: 21
(i) Emergency contracts, in order to make repairs to ferries or 22
ferry terminal facilities or removal of such facilities whenever 23
continued use of ferries or ferry terminal facilities constitutes a 24
real or immediate danger to the traveling public or precludes prudent 25
use of such ferries or facilities; and 26
(ii) Single source contracts for vessel dry dockings, when there 27
is clearly and legitimately only one available bidder to conduct dry 28
dock-related work for a specific class or classes of vessels. The 29
contracts may be entered into for a single vessel dry docking or for 30
multiple vessel dry dockings for a period not to exceed two years.31
(f) Any new vessel planning, construction, purchase, analysis, or 32
design work must be consistent with RCW 47.60.810, except as 33
otherwise provided in RCW 47.60.826 and section 1 of this act.34
(2) The department shall proceed with the procurement of 35
materials, supplies, services, and equipment needed for the support, 36
maintenance, and use of a ferry, ferry terminal, or other facility 37
operated by Washington state ferries, in accordance with chapter 38
43.19 RCW except as follows: 39
p. 3 SB 6331
(a) When the secretary of the department of transportation 1
determines in writing that the use of invitation for bid is either 2
not practicable or not advantageous to the state and it may be 3
necessary to make competitive evaluations, including technical or 4
performance evaluations among acceptable proposals to complete the 5
contract award, a contract may be entered into by use of a 6
competitive sealed proposals method, and a formal request for 7
proposals solicitation. Such formal request for proposals 8
solicitation shall include a functional description of the needs and 9
requirements of the state and the significant factors.10
(b) When purchases are made through a formal request for 11
proposals solicitation the contract shall be awarded to the 12
responsible proposer whose competitive sealed proposal is determined 13
in writing to be the most advantageous to the state taking into 14
consideration price and other evaluation factors set forth in the 15
request for proposals. No significant factors may be used in 16
evaluating a proposal that are not specified in the request for 17
proposals. Factors that may be considered in evaluating proposals 18
include, but are not limited to: Price; maintainability; reliability; 19
commonality; performance levels; life-cycle cost if applicable under 20
this section; cost of transportation or delivery; delivery schedule 21
offered; installation cost; cost of spare parts; availability of 22
parts and service offered; and the following: 23
(i) The ability, capacity, and skill of the proposer to perform 24
the contract or provide the service required; 25
(ii) The character, integrity, reputation, judgment, experience, 26
and efficiency of the proposer; 27
(iii) Whether the proposer can perform the contract within the 28
time specified; 29
(iv) The quality of performance of previous contracts or 30
services; 31
(v) The previous and existing compliance by the proposer with 32
laws relating to the contract or services; 33
(vi) Objective, measurable criteria defined in the request for 34
proposal. These criteria may include , but are not limited to , items 35
such as discounts, delivery costs, maintenance services costs, 36
installation costs, and transportation costs; and 37
(vii) Such other information as may be secured having a bearing 38
on the decision to award the contract. 39
p. 4 SB 6331
(c) When purchases are made through a request for proposal 1
process, proposals received shall be evaluated based on the 2
evaluation factors set forth in the request for proposal. When 3
issuing a request for proposal for the procurement of propulsion 4
equipment or systems that include an engine, the request for proposal 5
must specify the use of a life-cycle cost analysis that includes an 6
evaluation of fuel efficiency. When a life-cycle cost analysis is 7
used, the life-cycle cost of a proposal shall be given at least the 8
same relative importance as the initial price element specified in 9
the request of proposal documents. The department may reject any and 10
all proposals received. If the proposals are not rejected, the award 11
shall be made to the proposer whose proposal is most advantageous to 12
the department, considering price and the other evaluation factors 13
set forth in the request for proposal. 14
Sec. 3. RCW 47.56.030 and 2025 c 417 s 1220 are each amended to 15
read as follows: 16
(1) Except as permitted under chapter 47.47 or 47.46 RCW:17
(a) Unless otherwise delegated, and subject to RCW 47.56.820, the 18
department of transportation shall have full charge of the planning, 19
analysis, and construction of all toll bridges and other toll 20
facilities including the Washington state ferries, and the operation 21
and maintenance thereof. 22
(b) The transportation commission shall determine and establish 23
the tolls and charges thereon. 24
(c) Unless otherwise delegated, and subject to RCW 47.56.820, the 25
department shall have full charge of planning, analysis, and design 26
of all toll facilities. The department may conduct the planning, 27
analysis, and design of toll facilities as necessary to support the 28
legislature's consideration of toll authorization.29
(d) The department shall utilize and administer toll collection 30
systems that are simple, unified, and interoperable. To the extent 31
practicable, the department shall avoid the use of toll booths. The 32
department shall set the statewide standards and protocols for all 33
toll facilities within the state, including those authorized by local 34
authorities. 35
(e) Except as provided in this section, the department shall 36
proceed with the construction of such toll bridges and other 37
facilities and the approaches thereto by contract in the manner of 38
state highway construction immediately upon there being made 39
p. 5 SB 6331
available funds for such work and shall prosecute such work to 1
completion as rapidly as practicable. The department is authorized to 2
negotiate contracts for any amount without bid under (e)(i) and (ii) 3
of this subsection: 4
(i) Emergency contracts, in order to make repairs to ferries or 5
ferry terminal facilities or removal of such facilities whenever 6
continued use of ferries or ferry terminal facilities constitutes a 7
real or immediate danger to the traveling public or precludes prudent 8
use of such ferries or facilities; and 9
(ii) Single source contracts for vessel dry dockings, when there 10
is clearly and legitimately only one available bidder to conduct dry 11
dock-related work for a specific class or classes of vessels. The 12
contracts may be entered into for a single vessel dry docking or for 13
multiple vessel dry dockings for a period not to exceed two years.14
(f) Any new vessel planning, construction, purchase, analysis, or 15
design work must be consistent with RCW 47.60.810, except as 16
otherwise provided in RCW 47.60.826 and section 1 of this act.17
(2) The department shall proceed with the procurement of 18
materials, supplies, services, and equipment needed for the support, 19
maintenance, and use of a ferry, ferry terminal, or other facility 20
operated by Washington state ferries, in accordance with chapter 21
43.19 RCW except as follows: 22
(a) When the secretary of the department of transportation 23
determines in writing that the use of invitation for bid is either 24
not practicable or not advantageous to the state and it may be 25
necessary to make competitive evaluations, including technical or 26
performance evaluations among acceptable proposals to complete the 27
contract award, a contract may be entered into by use of a 28
competitive sealed proposals method, and a formal request for 29
proposals solicitation. Such formal request for proposals 30
solicitation shall include a functional description of the needs and 31
requirements of the state and the significant factors.32
(b) When purchases are made through a formal request for 33
proposals solicitation the contract shall be awarded to the 34
responsible proposer whose competitive sealed proposal is determined 35
in writing to be the most advantageous to the state taking into 36
consideration price and other evaluation factors set forth in the 37
request for proposals. No significant factors may be used in 38
evaluating a proposal that are not specified in the request for 39
proposals. Factors that may be considered in evaluating proposals 40
p. 6 SB 6331
include, but are not limited to: Price; maintainability; reliability; 1
commonality; performance levels; life-cycle cost if applicable under 2
this section; cost of transportation or delivery; delivery schedule 3
offered; installation cost; cost of spare parts; availability of 4
parts and service offered; and the following: 5
(i) The ability, capacity, and skill of the proposer to perform 6
the contract or provide the service required; 7
(ii) The character, integrity, reputation, judgment, experience, 8
and efficiency of the proposer; 9
(iii) Whether the proposer can perform the contract within the 10
time specified; 11
(iv) The quality of performance of previous contracts or 12
services; 13
(v) The previous and existing compliance by the proposer with 14
laws relating to the contract or services; 15
(vi) Objective, measurable criteria defined in the request for 16
proposal. These criteria may include , but are not limited to , items 17
such as discounts, delivery costs, maintenance services costs, 18
installation costs, and transportation costs; and 19
(vii) Such other information as may be secured having a bearing 20
on the decision to award the contract. 21
(c) When purchases are made through a request for proposal 22
process, proposals received shall be evaluated based on the 23
evaluation factors set forth in the request for proposal. When 24
issuing a request for proposal for the procurement of propulsion 25
equipment or systems that include an engine, the request for proposal 26
must specify the use of a life-cycle cost analysis that includes an 27
evaluation of fuel efficiency. When a life-cycle cost analysis is 28
used, the life-cycle cost of a proposal shall be given at least the 29
same relative importance as the initial price element specified in 30
the request of proposal documents. The department may reject any and 31
all proposals received. If the proposals are not rejected, the award 32
shall be made to the proposer whose proposal is most advantageous to 33
the department, considering price and the other evaluation factors 34
set forth in the request for proposal. 35
Sec. 4. RCW 47.60.010 and 2023 c 429 s 5 are each amended to 36
read as follows: 37
The department is authorized to acquire by lease, charter, 38
contract, purchase, condemnation, or construction, and partly by any 39
p. 7 SB 6331
or all of such means, and to thereafter operate, improve, and extend, 1
a system of ferries on and crossing Puget Sound and any of its 2
tributary waters and connections thereof, and connecting with the 3
public streets and highways in the state. However, any new vessel 4
planning, construction, purchase, analysis, or design work must be 5
consistent with RCW 47.60.810, except as otherwise provided in RCW 6
47.60.826 and section 1 of this act . The system of ferries shall 7
include such boats, vessels, wharves, docks, approaches, landings, 8
franchises, licenses, and appurtenances as shall be determined by the 9
department to be necessary or desirable for efficient operation of 10
the ferry system and best serve the public. Subject to RCW 47.56.820, 11
the department may in like manner acquire by purchase, condemnation, 12
or construction and include in the ferry system such toll bridges, 13
approaches, and connecting roadways as may be deemed by the 14
department advantageous in channeling traffic to points served by the 15
ferry system. In addition to the powers of acquisition granted by 16
this section, the department is empowered to enter into any 17
contracts, agreements, or leases with any person, firm, or 18
corporation and to thereby provide, on such terms and conditions as 19
it shall determine, for the operation of any ferry or ferries or 20
system thereof, whether acquired by the department or not.21
The authority of the department to sell and lease back any state 22
ferry, for federal tax purposes only, as authorized by 26 U.S.C., 23
Sec. 168 (f)(8) is confirmed. Legal title and all incidents of legal 24
title to any ferry sold and leased back (except for the federal tax 25
benefits attributable to the ownership thereof) shall remain in the 26
state of Washington. 27
Sec. 5. RCW 47.60.810 and 2023 c 429 s 3 are each amended to 28
read as follows: 29
(1) Except as otherwise provided in RCW 47.60.826 and section 1 30
of this act , the department shall use a modified request for 31
proposals process when purchasing new auto ferries, except for new 32
144-auto ferries purchased through an option on a contract executed 33
before July 6, 2015, whereby the prevailing shipbuilder and the 34
department engage in a design and build partnership for the design 35
and construction of the auto ferries. The process consists of the 36
three phases described in subsection (3) of this section.37
(2) Throughout the three phases described in subsection (3) of 38
this section, the department shall employ an independent owner's 39
p. 8 SB 6331
representative to serve as a third-party intermediary between the 1
department and the proposers, and subsequently the successful 2
proposer. However, this representative shall serve only during the 3
development and construction of the first vessel constructed as part 4
of a new class of vessels developed after July 6, 2015. The 5
independent owner's representative shall: 6
(a) Serve as the department's primary advocate and communicator 7
with the proposers and successful proposer; 8
(b) Perform project quality oversight; 9
(c) Manage any change order requests; 10
(d) Ensure that the contract is adhered to and the department's 11
best interests are considered in all decisions; and12
(e) Possess knowledge of and experience with inland waterways, 13
Puget Sound vessel operations, the propulsion system of the new 14
vessels, and Washington state ferries operations. 15
(3) The definitions in this subsection apply throughout RCW 16
47.60.812 through 47.60.822. 17
(a) "Phase one" means the evaluation and selection of proposers 18
to participate in development of technical proposals in phase two.19
(b) "Phase two" means the preparation of technical proposals by 20
the selected proposers in consultation with the department.21
(c) "Phase three" means the submittal and evaluation of bids, the 22
award of the contract to the successful proposer, and the design and 23
construction of the auto ferries. 24
(4) The department may modify an existing option contract 25
executed prior to July 6, 2015, to allow for the purchase of up to 26
five additional 144-auto ferries, for a total of nine 144-auto 27
ferries. The department must execute a new modification to an 28
existing option contract for each of the additional five ferries.29
Sec. 6. RCW 47.60.826 and 2025 c 417 s 403 are each amended to 30
read as follows: 31
(1)(a) ((The)) Except as provided in section 1 of this act, the 32
department shall contract for the acquisition of five or more new 33
hybrid diesel-electric ferry vessels that can carry up to 160 34
vehicles, using a one or two contract procurement approach to 35
potentially accelerate vessel delivery. 36
(b) The Washington state ferries shall make available the design 37
for the 160 vehicle hybrid electric Olympic class vessel to potential 38
p. 9 SB 6331
bidders. Incentives may be awarded by the department to bidders who 1
offer design modifications that: 2
(i) Lower the minimum number of crew needed to staff the vessel 3
in accordance with United States coast guard requirements;4
(ii) Incorporate materials, technologies, or other features that 5
lower life-cycle maintenance and operations costs; 6
(iii) Accelerate the proposed delivery schedule; or7
(iv) Make other improvements determined to be beneficial by the 8
department. The Washington state ferries may allow for exceptions of 9
the 160 vehicle capacity of the vessel design in cases where 10
efficiencies outlined in (b)(i) or (ii) of this subsection are met.11
(2)(a) The contract or contracts must be for a minimum of two 12
vessels, with options for additional vessels, and are exempt from the 13
requirements set forth in RCW 47.60.810 through 47.60.824.14
(b) The contract or contracts may employ the following 15
procurement methods: 16
(i) Design-build procedure as authorized under chapter 39.10 RCW;17
(ii) Design-bid-build as authorized under chapter 39.04 RCW or an 18
equivalent process allowed in statute as determined by the 19
department; or 20
(iii) Lease with an option to buy in accordance with RCW 21
47.60.010. The terms of any plan to pursue a lease with an option to 22
buy agreement must be approved by the governor and appropriate 23
committees of the legislature and are subject to the availability of 24
amounts appropriated for this specific purpose. 25
(c) To the extent possible, the department shall establish and 26
apply evaluation criteria beyond low price to meet best value 27
objectives. 28
(d) The department must award a credit of 13 percent of the bid 29
price for bid proposals for vessels constructed in the state of 30
Washington, which must be adjusted to reflect the proportion of the 31
construction of the vessels that occurs within the state. This credit 32
represents the: 33
(i) Amount of economic and revenue loss to the state of 34
Washington from constructing vessels outside the state of Washington, 35
as indicated by the Washington institute for public policy study 36
regarding Washington state ferry vessel procurement dated December 37
2016; and 38
p. 10 SB 6331
(ii) Additional costs of transport, potential delay, and owner 1
oversight incurred for construction at shipyards located outside the 2
state of Washington. 3
(e) The department must require that contractors meet the 4
requirements of RCW 39.04.320 regarding apprenticeships or other 5
state law or federal law equivalents, where such equivalents exist.6
(f) The department must require that contractors meet the 7
requirements of chapter 90.48 RCW regarding water pollution control 8
or other state law or federal law equivalents, where such equivalents 9
exist. 10
(3) For contracts eligible for the use of federal funds, 11
contractors must comply with federal disadvantaged business 12
enterprise targets as outlined by the federal agency awarding funds.13
(4) Contractors located in the state of Washington must meet the 14
requirements of RCW 47.60.835, the small business enterprise 15
enforceable goals program. 16
(5) The department shall employ third-party experts that report 17
to the Washington state ferries to serve as a supplementary resource. 18
The third-party experts contracted by the Washington state ferries 19
shall: 20
(a) Perform project quality oversight and report to the 21
transportation committees of the legislature and the office of 22
financial management on a semiannual basis on project schedule, 23
risks, and project budget; 24
(b) Assist with the management of change order requests;25
(c) Advise on contract and technical matters; and26
(d) Possess knowledge of and experience with inland waterways, 27
Puget Sound vessel operations, the propulsion system of the new 28
vessels, and Washington state ferries operations. 29
Sec. 7. RCW 47.56.030 and 2023 c 429 s 6 are each amended to 30
read as follows: 31
(1) Except as permitted under chapter 47.29 or 47.46 RCW:32
(a) Unless otherwise delegated, and subject to RCW 47.56.820, the 33
department of transportation shall have full charge of the planning, 34
analysis, and construction of all toll bridges and other toll 35
facilities including the Washington state ferries, and the operation 36
and maintenance thereof. 37
(b) The transportation commission shall determine and establish 38
the tolls and charges thereon. 39
p. 11 SB 6331
(c) Unless otherwise delegated, and subject to RCW 47.56.820, the 1
department shall have full charge of planning, analysis, and design 2
of all toll facilities. The department may conduct the planning, 3
analysis, and design of toll facilities as necessary to support the 4
legislature's consideration of toll authorization. 5
(d) The department shall utilize and administer toll collection 6
systems that are simple, unified, and interoperable. To the extent 7
practicable, the department shall avoid the use of toll booths. The 8
department shall set the statewide standards and protocols for all 9
toll facilities within the state, including those authorized by local 10
authorities. 11
(e) Except as provided in this section, the department shall 12
proceed with the construction of such toll bridges and other 13
facilities and the approaches thereto by contract in the manner of 14
state highway construction immediately upon there being made 15
available funds for such work and shall prosecute such work to 16
completion as rapidly as practicable. The department is authorized to 17
negotiate contracts for any amount without bid under (e)(i) and (ii) 18
of this subsection: 19
(i) Emergency contracts, in order to make repairs to ferries or 20
ferry terminal facilities or removal of such facilities whenever 21
continued use of ferries or ferry terminal facilities constitutes a 22
real or immediate danger to the traveling public or precludes prudent 23
use of such ferries or facilities; and 24
(ii) Single source contracts for vessel dry dockings, when there 25
is clearly and legitimately only one available bidder to conduct dry 26
dock-related work for a specific class or classes of vessels. The 27
contracts may be entered into for a single vessel dry docking or for 28
multiple vessel dry dockings for a period not to exceed two years.29
(f) Any new vessel planning, construction, purchase, analysis, or 30
design work must be consistent with RCW 47.60.810, except as 31
otherwise provided in RCW 47.60.826 and section 1 of this act.32
(2) The department shall proceed with the procurement of 33
materials, supplies, services, and equipment needed for the support, 34
maintenance, and use of a ferry, ferry terminal, or other facility 35
operated by Washington state ferries, in accordance with chapter 36
43.19 RCW except as follows: 37
(a) When the secretary of the department of transportation 38
determines in writing that the use of invitation for bid is either 39
not practicable or not advantageous to the state and it may be 40
p. 12 SB 6331
necessary to make competitive evaluations, including technical or 1
performance evaluations among acceptable proposals to complete the 2
contract award, a contract may be entered into by use of a 3
competitive sealed proposals method, and a formal request for 4
proposals solicitation. Such formal request for proposals 5
solicitation shall include a functional description of the needs and 6
requirements of the state and the significant factors.7
(b) When purchases are made through a formal request for 8
proposals solicitation the contract shall be awarded to the 9
responsible proposer whose competitive sealed proposal is determined 10
in writing to be the most advantageous to the state taking into 11
consideration price and other evaluation factors set forth in the 12
request for proposals. No significant factors may be used in 13
evaluating a proposal that are not specified in the request for 14
proposals. Factors that may be considered in evaluating proposals 15
include, but are not limited to: Price; maintainability; reliability; 16
commonality; performance levels; life-cycle cost if applicable under 17
this section; cost of transportation or delivery; delivery schedule 18
offered; installation cost; cost of spare parts; availability of 19
parts and service offered; and the following: 20
(i) The ability, capacity, and skill of the proposer to perform 21
the contract or provide the service required; 22
(ii) The character, integrity, reputation, judgment, experience, 23
and efficiency of the proposer; 24
(iii) Whether the proposer can perform the contract within the 25
time specified; 26
(iv) The quality of performance of previous contracts or 27
services; 28
(v) The previous and existing compliance by the proposer with 29
laws relating to the contract or services; 30
(vi) Objective, measurable criteria defined in the request for 31
proposal. These criteria may include , but are not limited to , items 32
such as discounts, delivery costs, maintenance services costs, 33
installation costs, and transportation costs; and 34
(vii) Such other information as may be secured having a bearing 35
on the decision to award the contract. 36
(c) When purchases are made through a request for proposal 37
process, proposals received shall be evaluated based on the 38
evaluation factors set forth in the request for proposal. When 39
issuing a request for proposal for the procurement of propulsion 40
p. 13 SB 6331
equipment or systems that include an engine, the request for proposal 1
must specify the use of a life-cycle cost analysis that includes an 2
evaluation of fuel efficiency. When a life-cycle cost analysis is 3
used, the life-cycle cost of a proposal shall be given at least the 4
same relative importance as the initial price element specified in 5
the request of proposal documents. The department may reject any and 6
all proposals received. If the proposals are not rejected, the award 7
shall be made to the proposer whose proposal is most advantageous to 8
the department, considering price and the other evaluation factors 9
set forth in the request for proposal. 10
Sec. 8. RCW 47.56.030 and 2025 c 417 s 1220 are each amended to 11
read as follows: 12
(1) Except as permitted under chapter 47.47 or 47.46 RCW:13
(a) Unless otherwise delegated, and subject to RCW 47.56.820, the 14
department of transportation shall have full charge of the planning, 15
analysis, and construction of all toll bridges and other toll 16
facilities including the Washington state ferries, and the operation 17
and maintenance thereof. 18
(b) The transportation commission shall determine and establish 19
the tolls and charges thereon. 20
(c) Unless otherwise delegated, and subject to RCW 47.56.820, the 21
department shall have full charge of planning, analysis, and design 22
of all toll facilities. The department may conduct the planning, 23
analysis, and design of toll facilities as necessary to support the 24
legislature's consideration of toll authorization.25
(d) The department shall utilize and administer toll collection 26
systems that are simple, unified, and interoperable. To the extent 27
practicable, the department shall avoid the use of toll booths. The 28
department shall set the statewide standards and protocols for all 29
toll facilities within the state, including those authorized by local 30
authorities. 31
(e) Except as provided in this section, the department shall 32
proceed with the construction of such toll bridges and other 33
facilities and the approaches thereto by contract in the manner of 34
state highway construction immediately upon there being made 35
available funds for such work and shall prosecute such work to 36
completion as rapidly as practicable. The department is authorized to 37
negotiate contracts for any amount without bid under (e)(i) and (ii) 38
of this subsection: 39
p. 14 SB 6331
(i) Emergency contracts, in order to make repairs to ferries or 1
ferry terminal facilities or removal of such facilities whenever 2
continued use of ferries or ferry terminal facilities constitutes a 3
real or immediate danger to the traveling public or precludes prudent 4
use of such ferries or facilities; and 5
(ii) Single source contracts for vessel dry dockings, when there 6
is clearly and legitimately only one available bidder to conduct dry 7
dock-related work for a specific class or classes of vessels. The 8
contracts may be entered into for a single vessel dry docking or for 9
multiple vessel dry dockings for a period not to exceed two years.10
(f) Any new vessel planning, construction, purchase, analysis, or 11
design work must be consistent with RCW 47.60.810, except as 12
otherwise provided in RCW 47.60.826 and section 1 of this act.13
(2) The department shall proceed with the procurement of 14
materials, supplies, services, and equipment needed for the support, 15
maintenance, and use of a ferry, ferry terminal, or other facility 16
operated by Washington state ferries, in accordance with chapter 17
43.19 RCW except as follows: 18
(a) When the secretary of the department of transportation 19
determines in writing that the use of invitation for bid is either 20
not practicable or not advantageous to the state and it may be 21
necessary to make competitive evaluations, including technical or 22
performance evaluations among acceptable proposals to complete the 23
contract award, a contract may be entered into by use of a 24
competitive sealed proposals method, and a formal request for 25
proposals solicitation. Such formal request for proposals 26
solicitation shall include a functional description of the needs and 27
requirements of the state and the significant factors.28
(b) When purchases are made through a formal request for 29
proposals solicitation the contract shall be awarded to the 30
responsible proposer whose competitive sealed proposal is determined 31
in writing to be the most advantageous to the state taking into 32
consideration price and other evaluation factors set forth in the 33
request for proposals. No significant factors may be used in 34
evaluating a proposal that are not specified in the request for 35
proposals. Factors that may be considered in evaluating proposals 36
include, but are not limited to: Price; maintainability; reliability; 37
commonality; performance levels; life-cycle cost if applicable under 38
this section; cost of transportation or delivery; delivery schedule 39
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offered; installation cost; cost of spare parts; availability of 1
parts and service offered; and the following: 2
(i) The ability, capacity, and skill of the proposer to perform 3
the contract or provide the service required; 4
(ii) The character, integrity, reputation, judgment, experience, 5
and efficiency of the proposer; 6
(iii) Whether the proposer can perform the contract within the 7
time specified; 8
(iv) The quality of performance of previous contracts or 9
services; 10
(v) The previous and existing compliance by the proposer with 11
laws relating to the contract or services; 12
(vi) Objective, measurable criteria defined in the request for 13
proposal. These criteria may include , but are not limited to , items 14
such as discounts, delivery costs, maintenance services costs, 15
installation costs, and transportation costs; and 16
(vii) Such other information as may be secured having a bearing 17
on the decision to award the contract. 18
(c) When purchases are made through a request for proposal 19
process, proposals received shall be evaluated based on the 20
evaluation factors set forth in the request for proposal. When 21
issuing a request for proposal for the procurement of propulsion 22
equipment or systems that include an engine, the request for proposal 23
must specify the use of a life-cycle cost analysis that includes an 24
evaluation of fuel efficiency. When a life-cycle cost analysis is 25
used, the life-cycle cost of a proposal shall be given at least the 26
same relative importance as the initial price element specified in 27
the request of proposal documents. The department may reject any and 28
all proposals received. If the proposals are not rejected, the award 29
shall be made to the proposer whose proposal is most advantageous to 30
the department, considering price and the other evaluation factors 31
set forth in the request for proposal. 32
NEW SECTION. Sec. 9. Except for sections 3 and 8 of this act, 33
this act is necessary for the immediate preservation of the public 34
peace, health, or safety, or support of the state government and its 35
existing public institutions, and takes effect immediately.36
NEW SECTION. Sec. 10. Sections 3 and 8 of this act take effect 37
July 1, 2026.38
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NEW SECTION. Sec. 11. Sections 2 and 7 of this act expire July 1
1, 2026.2
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