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Published on Jan 20, 2023

Public works procurement bill to remove barriers for small and minority owned businesses

Contact: Brandy DeLange, Brianna Morin

Several proposed changes to the public works procurement process are considered in legislation introduced by Rep. Steve Tharinger (D–Sequim) and Sen. Bob Hasegawa (D–Seattle). HB 1306 (companion to SB 5268) modifies small works roster requirements to address equity and efficiencies in public works bidding.

The bill is consensus legislation put together by the Capital Projects Advisory Review Board (CPARB), which held a stakeholder process over the course of several months that included cities, counties, ports, labor, and other key stakeholders. AWC supports the bill.

HB 1306 aims to remove barriers for small businesses to bid on public works projects and to achieve greater inclusion of women, minority, or veteran-owned businesses on small works rosters. It does this through various provisions, including:

  • Updating the definition of small business to align with that of the Office of Minority and Women's Business Enterprises (OMWBE).
  • Directing the Dept. 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.
  • Requiring 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.
  • Providing uniform small works roster provisions for awarding contracts to increase administrative efficiency.
  • Requiring OMWBE to adopt rules governing a public works small business certification plan.
  • Removing the requirement for the Department of Enterprise Services to survey which states provide a bidding preference on public works contracts for their resident contractors.
  • Requiring the Capital Projects Advisory Review Board (CPARB) to review construction cost escalation data for Washington State.
  • Requiring CPARB to make recommendations to the appropriate committees of the Legislature on adjustments to existing contracting thresholds.

 

Date to remember


HB 1306 is scheduled for public hearing in the House Innovation, Community & Economic Development, & Veterans Committee on Tuesday, January 24 at 10:30 am.

  • Advocacy
  • Public works & infrastructure
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