WA to see a statewide small works roster and greater equity in public works procurement in Senate bill now moving through the House

Consensus legislation proposed by the Capital Projects Advisory Board (CPARB) and modifying small works roster requirements has successfully passed the Senate and will next be heard in the House. SB 5268, introduced by Sen Bob. Hasegawa (D–Seattle), addresses issues of equity in public works procurement and revises the small and limited works roster process to increase administrative efficiency.

AWC previously wrote about the House companion bill, HB 1306. The Senate version was the one to pass its house of origin cutoff deadline. It received a unanimous vote of approval on the floor before moving to the opposite chamber.

The Legislature amended SB 5268 along the way, making mostly administrative corrections to the bill. As it stands, the legislation:

• Updates the definition of small business to align with that of the Office of Minority and Women's Business Enterprises (OMWBE); that is, a business that meets certification criteria for size, ownership, control, and personal net worth adopted by OMWBE in accordance with RCW 39.19.030.
• Directs the Department of Commerce, through the Municipal Research and Services Center, to develop a statewide small works roster. Local governments are authorized to utilize the small works roster or create and maintain one or more of their own. Contractors on the small works roster must indicate if they meet the definition of women and minority-owned business, veteran owned business, or small business.
• Requires that bid evaluations include past performance in utilization of business entities certified with OMWBE, including small businesses and business entities certified with the Dept. of Veterans Affairs. Evaluation factors must also include a proposer’s inclusion plan for said businesses.
• Provides uniform small works roster provisions for awarding contracts to increase administrative efficiency.
• Requires OMWBE to adopt rules governing a public works small business certification plan.
• Removes the requirement in existing statue that the Department of Enterprise Services survey which states provide a bidding preference on public works contracts for their resident contractors.
• Requires the Capital Projects Advisory Review Board (CPARB) to review construction cost escalation data for Washington State.
• Requires CPARB to make recommendations to the appropriate committees of the Legislature on adjustments to existing contracting thresholds.

SB 5268 is scheduled for public hearing in the House Innovation, Community & Economic Development, & Veterans Committee next Tuesday, March 14 at 10:30 am.