Public works contracting modernization bill passes out of Senate

ESSB 5418 was amended on the floor and passed out of the Senate. The floor amendments made the following changes:

• Municipalities have two days to provide copies of bids if requested by bidders; and
• The bidders’ protest period is two days from the opening of bids if copies of bids are not requested; or
  • The protest periods extends to two days after the city provided copies of the bids in response to a bidder’s request.
• Joint Legislative Audit and Review Committee (JLARC) is replaced with the Capital Projects Advisory Review Board (CPARB) to review on the public works contracting process and report to the Legislature.
• Provides an expiration date of March 31, 2021 for the Act.

The inclusion of an expiration date is concerning since it would mean reversing a number of changes created by the bill and would likely create a lot of confusion in an already complex arena of public works contracting. AWC will work with the other stakeholders to see if this change can be mitigated.

The bill would modernize local government procurement by making the following changes:

• Small works roster limit would increase from $300,000 to $500,000;
• Limited public works projects would increase from $35,000 to $50,000;
• Second class cities and towns until July 28, 2022 may award a bid contract to a bidder within five percent of the lowest bid if they provided a project in the prior five years on time and within budget and not delivered a project that was late, over budget or did not meet specifications;
• First class cities, second class cities, and towns will see a bid limit increase for:
  • Projects involving more than one trade or craft to $116,155;
  • Projects involving a single trade or craft to $75,500.

The bill will now go the House for further consideration.