SB 5032, sponsored by Sen. Bob Hasegawa (D–Seattle) extends the use of alternative public works contracting procedures until July 1, 2031, and amends the duties and memberships of the Capital Projects Advisory Review Board (CPARB).

Currently, the authority to conduct alternative public works procedures expires June 30, 2021. The alternative procedures (design-build, job order contracting, and general contractor/construction manager) is monitored and evaluated by CPARB:

1. Design-build: a multistep competitive process to award a contract to a single firm that agrees to both design and build a public facility that meets specific criteria.
   • SB 5032 adds additional requirements that all public bodies using design-build must be reviewed by CPARB project review committee, regardless of cost.
2. Job order contracting: a competitive process that uses public requests for proposals (including sealed bids based upon the identified unit price book). Under job order contracting, a contractor agrees to perform and indefinite a quantity of public works jobs over a fixed period.
   • The bill adds additional contract requirements that detail work orders issued, costs of each work order, a list of subcontractors hired under each work order, and a copy of the intent to pay prevailing wages.
3. General contractor/construction manager: a government agency contracts with an architectural and engineering firm to design the facility and a general contractor/construction manager to assist in the design of the facility, manage the construction, and guarantee the facility will be built within budget.

• SB 5032 adds the requirement that bid packages must be prepared to reduce barriers for and increase participation by disadvantaged business enterprises.

The bill reauthorizes these alternative public works contracting methods for an additional ten years. Additionally, the legislation amends the CPARB membership to include an individual from the private sector representing disadvantaged business enterprises, and one member representing transit.

CPARB must also develop and recommend policies to encourage competition and equity in capital construction with disadvantaged business entities and consult with a large group of stakeholders to create best practices for increasing and sustaining access to contracting opportunities in alternative public works for minority-, women-, and veteran-owned businesses.

SB 5032 was heard in the Senate State Government and Elections Committee on Friday, January 15 at 10:30 am. You can view the TVW recording here.