HB 1306 — Addressing equity and efficiencies in public works procurement including modifying small works roster requirements.
Last action — House Rules "X" file.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
463 added · 491 removedPlain-language change summary
The new version of House Bill 1306 introduces a section to the Washington state law regarding public contracts and construction projects. It replaces an earlier section that was deemed outdated. This change is important because it aims to simplify the existing regulations, making it easier for local governments and businesses to understand and comply with the law, potentially leading to more efficient procurement processes.
H-1402.2H-0294.2 SUBSTITUTE HOUSE BILL 1306 State of Washington 68th Legislature 2023 Regular Session By House Appropriations (originally sponsored by Representatives Tharinger, Steele, Reed, Pollet, and Leavitt)Leavitt READRead FIRSTfirst TIMEtime 02/23/23.01/13/23.
Referred to Committee on Innovation, Community & Economic Development, & Veterans.
creating a new sections;section;
1 SHBHB 1306 the small and limited works roster process to increase administrative efficiency, to encourage greater participation and utilization by women, minority, and veteran-owned businesses and small business entities, and continue to protect the rights of workers engaging in public works projects.
2 SHBHB 1306 into under RCW 36.102.060(7) or leases entered into under RCW 36.102.060(8).
3 SHBHB 1306 (3) Identify barriers to equal participation by qualified minority and women-owned and controlled businesses in all state agency and educational institution contracts;
4 SHBHB 1306 relates to a possible violation of chapter 39.19 RCW, and not to violation of local ordinances, rules, regulations, however denominated, adopted by political subdivisions of the state.
5 SHBHB 1306 contracting procedures authorized in RCW 39.10.300, 39.10.340, and 39.10.420, respectively.
6 SHBHB 1306 percentage for risk contingency, negotiated support services, and approved change orders.
7 SHBHB 1306 (((24))) (23) "Work order" means an order issued for a definite scope of work to be performed pursuant to a job order contract.
8 SHBHB 1306 (e) One member representing school districts, selected by the Washington state school directors' association;
9 SHBHB 1306 Sec.
10 SHBHB 1306 ((disadvantaged business enterprises)) small and women, minority, or veteran-owned businesses.
11 SHBHB 1306 such as websites for business associations or the office of minority and women's business enterprises, to further publicize the opportunity for qualified design-build teams.
12 SHBHB 1306 fewer than four business days from the date the proposer was notified of the selection decision;
13 SHBHB 1306 finalists.
14 SHBHB 1306 the public body shall publish at least once in a legal newspaper of general circulation published in, or as near as possible to, that part of the county in which the public work will be performed, a notice of its request for qualifications from proposers for general contractor/construction manager services, and the availability and location of the request for proposal documents.
15 SHBHB 1306 (f) The proposer's past performance in utilization of ((disadvantaged business enterprises and small business entities)) business entities certified with the office of minority and women's business enterprises, including small businesses and business entities certified with the department of veterans affairs and the inclusion plan for ((small business entities and disadvantaged business enterprises)) business entities certified with the office of minority and women's business enterprises, including small businesses and business entities certified with the department of veterans affairs as subconsultants, subcontractors, and suppliers for the project, to the extent permitted by law.
16 SHBHB 1306 cost savings, and sequencing of work, and to act as the construction manager and general contractor during the construction phase.
17 SHBHB 1306 public body must provide written documentation to that bidder explaining their intent to reject the bidder as not responsible and afford the bidder the opportunity to establish that it is a responsible bidder.
18 SHBHB 1306 Sec.
19 SHBHB 1306 selection decision.
20 SHBHB 1306 (f) The form of the contract, including any contract for preconstruction services, to be awarded;
21 SHBHB 1306 next phase until two business days after all proposers are notified of the committee's selection decision.
22 SHBHB 1306 (9) With the approval of the public body, the general contractor/ construction manager may contract with the selected firm to provide preconstruction services during the design phase that may include life-cycle cost design considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work;
23 SHBHB 1306 In addition to the general contractor/construction manager requirements established in this chapter, public bodies utilizing the general contractor/construction manager method for a heavy civil construction project must also comply with the following requirements:
24 SHBHB 1306 and scope of work for the negotiated self-perform portion of the project, if any;
25 SHBHB 1306 (b) A state agency or authorized local government establishing a small works roster must require contractors desiring to be placed on the roster to indicate if they meet the definition of women and minority-owned business as described in RCW 39.19.030(7)(b), veteran- owned business as defined in RCW 43.60A.010, or small business as defined in RCW 39.04.010, and to keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the appropriate agency as a condition of being placed on the roster and award of contract.
26 SHBHB 1306 authority and to provide guidance on how to use the authority.
27 SHBHB 1306 (4) The department of enterprise services must develop and make available on its public-facing website templates for bid invitations, bidding, and contracting that may be used by state agencies, authorized local governments, and contractors.
28 SHBHB 1306 (iv) If the state agency or authorized local government elects not to use the methods outlined in this subsection, it may not use direct contracting and must invite bids by electronically notifying all contractors on the applicable roster that have indicated interest in performing work in the applicable geographical area as described in this section.
Small public works contracts valued at more than $5,000 shall be subject to performance bond requirements set forth in chapter 39.08 RCW and retainage requirements set forth in chapterRCW 60.2860.28.011(1)(a), RCW, provided, however, that the awarding state agency or authorized local government may reduce or waive retainage requirementsrequirements, set forth in RCW 60.28.011(1)(a), thereby assuming the liability for the contractor's nonpayment of:
29 SHBHB 1306 improvements, or repairs, or other work or purchases, except books, will equal or exceed the threshold levels specified in subsections (2) and (4) of this section, complete plans and specifications for such work or purchases shall be prepared and notice by publication given in at least one newspaper of general circulation within the district, once each week for two consecutive weeks, of the intention to receive bids and that specifications and other information may be examined at the office of the board or any other officially designated location.
30 SHBHB 1306 this section when the total of such improvements or repairs does not exceed the sum of ((seventy-five thousand dollars)) $75,000.
31 SHBHB 1306 (11) As used in this section, "price percentage preference" means the percent by which a responsive bid from a responsible bidder whose product is a Washington grown food may exceed the lowest responsive bid submitted by a responsible bidder whose product is not a Washington grown food.
32 SHBHB 1306 college or university in the absence of prompt remedial action or a condition which immediately impairs the institution's ability to perform its educational obligations.
33 SHBHB 1306 Sec.
34 SHBHB 1306 or trade is involved with the public works project, or a public works project in excess of ((seventy-five thousand five hundred dollars)) $75,500 if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting.
35 SHBHB 1306 Whenever possible, the city shall invite at least one proposal from a certified minority or woman contractor who shall otherwise qualify under this section.
36 SHBHB 1306 beginning date for each contract year.
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37 SHBHB 1306 power by resolution to reject any or all bids and to make further calls for bids in the same manner as the original call.
38 SHBHB 1306 (5) The form required by RCW 43.09.205 shall be to account and record costs of public works in excess of ((five thousand dollars)) $5,000 that are not let by contract.
39 SHBHB 1306 (c) Unit priced contracts must be executed for an initial contract term not to exceed three years, with the city or town having the option of extending or renewing the unit priced contract for one additional year.
40 SHBHB 1306 the office of the board of park commissioners subject to the public inspection.
41 SHBHB 1306 from bidding on the same project if a second or subsequent call for bids is made for the project.
42 SHBHB 1306 departments of the county, as provided in this chapter and chapter 39.04 RCW, except that the county purchasing department is not required to make purchases that are paid from the county road fund or equipment rental and revolving fund.
43 SHBHB 1306 circulation covering at least ((forty)) 40 percent of the residences in that part of the county in which such public works are to be done, then the publication of an advertisement of the applicable specifications in the county official newspaper is sufficient.
44 SHBHB 1306 budget period shall be done by contract pursuant to public notice and call for competitive bids as specified in subsection (3) of this section.
45 SHBHB 1306 (10) If a county subject to these provisions has public works performed by public employees in any budget period that are in excess of this ten percent limitation, the amount in excess of the permitted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that county in its next budget period.
46 SHBHB 1306 indicating the total dollar amount of the county's public works construction budget and the total dollar amount for public works projects performed by public employees for that year.
47 SHBHB 1306 team affiliate under RCW 36.102.060(7) or leases entered into under RCW 36.102.060(8).
48 SHBHB 1306 shall be forfeited to the county and the contract awarded to the next lowest and best bidder.
49 SHBHB 1306 purchased under the contract, and the date it was awarded.
((ThisThis subsection does not apply until the department of enterprise services has adopted the rules and procedures for reciprocity under((under subsection (2) of this section,section)), or has determined and announced that rules are not necessary for implementation.
(4)))(((4))) (2) A nonresident contractor from a state that provides a percentage bid preference means a contractor that:
50 SHBHB 1306 (b) At the time of bidding on a public works project, does not have a physical office located in Washington.
51 SHBHB 1306 project where no retainage is withheld, the affidavit of wages paid must be submitted to the state, county, municipality, or other public body charged with the duty of disbursing or authorizing disbursement of public funds prior to final acceptance of the public works project.
52 SHBHB 1306 (c) A statement of intent to pay prevailing wages and an affidavit of wages paid must be on forms approved by the department of labor and industries.
53 SHBHB 1306 Sec.
(b)(i)(b) For all contracts related to work meeting the definition of "public work" in RCW 39.04.010(((4) that are estimated at three hundred thousand dollars or less)):less)), a port district may let contracts using the small works roster process under ((RCW 39.04.155)) sections 14 through 16 of this act in lieu of advertising for bids.
(A)Whenever Untilpossible, Julythe 1,managing 2024,official ashall portinvite districtat mayleast letone contractsproposal usingfrom thea smallminority workscontractor rosterwho processshall underotherwise RCWqualify 39.04.155under inthis lieusection. of advertising for bids.
(B)When Beginningawarding Julysuch 1, 2024, a portcontract districtfor maywork, letwhen contractsutilizing usingproposals from the small works rosterroster, processthe undermanaging sectionsofficial 14shall throughgive 16weight ofto thisthe actcontractor insubmitting lieuthe oflowest advertisingand forbest bids.proposal, and whenever it would not violate the public interest, such contracts shall be distributed equally among contractors, including minority contractors, on the small works roster.
(ii)(c) WheneverAny possible,port district may construct any public work, as defined in RCW 39.04.010, by contract without calling for bids whenever the managingestimated officialcost shallof invitethe atwork leastor oneimprovement, proposalincluding fromcost aof minoritymaterials, contractorsupplies, whoand shallequipment, otherwisewill qualifynot underexceed thisthe section.sum of ((forty thousand dollars)) $40,000.
(iii) When awarding such a contract for work, when utilizing proposals from the small works roster, the managing official shall give weight to the contractor submitting the lowest and best proposal, and whenever it would not violate the public interest, such contracts shall be distributed equally among contractors, including minority contractors, on the small works roster.
(c) Any port district may construct any public work, as defined in RCW 39.04.010, by contract without calling for bids whenever the p.
54 SHB 1306 estimated cost of the work or improvement, including cost of materials, supplies, and equipment, will not exceed the sum of ((forty thousand dollars)) $40,000.
The restrictions in this subsection do not permit thep. division of the project into units of work or classes of work to avoid calling for bids.
54 HB 1306 the division of the project into units of work or classes of work to avoid calling for bids.
Intents and affidavits for prevailing wages paid shall be submitted annually for all work p.completed within the previous ((twelve-month)) 12-month period of the unit priced contract.
55 SHB 1306 completed within the previous ((twelve-month)) 12-month period of the unit priced contract.
(1)p. Any item, or items of the same kind of materials, equipment, or supplies purchased, the estimated cost of which is in excess of thirty thousand dollars, exclusive of sales tax, shall be by contract.
55 HB 1306 (1) Any item, or items of the same kind of materials, equipment, or supplies purchased, the estimated cost of which is in excess of thirty thousand dollars, exclusive of sales tax, shall be by contract.
The commission may, at the same time and as part of the same notice, invite tenders for the work or p.materials upon plans and specifications to be submitted by the bidders.
56(4) SHBAs 1306an materialsalternative uponto plansthe competitive bidding requirements of this section and specificationsRCW to54.04.080, bea submitteddistrict bymay thelet bidders.contracts using p.
(4)56 AsHB an1306 alternative to the competitive bidding requirements of this section and RCW 54.04.080, a district may let contracts using the small works roster process under ((RCW 39.04.155)) sections 14 through 16 of this act.
p.(e) Unit price contractors shall pay prevailing wages for all work that would otherwise be subject to the requirements of chapter 39.12 RCW.
57Prevailing SHBwages 1306for (e)all Unitwork priceperformed contractorspursuant shallto payeach prevailing wages for all work thatorder wouldmust otherwise be subjectthe toprevailing thewage requirementsrates ofin chaptereffect 39.12at RCW.the p.
Prevailing57 wagesHB for1306 all work performed pursuant to each work order must be the prevailing wage rates in effect at the beginning date for each contract year.
The board of commissioners may reject all bids for good cause and readvertise and in such case all checks, p.cash or bid bonds shall be returned to the bidders.
58If SHBthe 1306contract cashis let, then all checks, cash, or bid bonds shall be returned to the bidders.bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for doing the work, p.
If58 theHB contract1306 is let, then all checks, cash, or bid bonds shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for doing the work, and a bond to perform such work furnished with sureties satisfactory to the board of commissioners in the full amount of the contract price between the bidder and the commission in accordance with the bid.
The p.price and terms for purchases shall be as described on the applicable roster.
59p. SHB 1306 price and terms for purchases shall be as described on the applicable roster.
59 HB 1306 (5) The board may waive the competitive bidding requirements of this section pursuant to RCW 39.04.280 if an exemption contained within that section applies to the purchase or public work.
p.Sec.
60 SHB 1306 Sec.
(1)p. All materials purchased and work ordered, the estimated cost of which is in excess of ((seventy-five thousand dollars)) $75,000, shall be by contract.
60 HB 1306 (1) All materials purchased and work ordered, the estimated cost of which is in excess of ((seventy-five thousand dollars)) $75,000, shall be by contract.
If such bidder fails to enter into the contract in accordance with the bid and furnish such bond within ((ten)) 10 days from the date at which the bidder is notified that he or she is the successful bidder, the bid proposal security and the amount thereof shall be forfeited p.to the public hospital district.
61A SHBlow 1306bidder who claims error and fails to theenter publicinto hospitala district.contract is prohibited from bidding on the same p.
A61 lowHB bidder1306 who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.
((All))All (1) Until July 1, 2024, all contract projects, the estimated cost of which is less than ((three hundred thousand dollars)) the amount authorized, may be awarded using the small works roster process under RCW((RCW 39.04.155.39.04.155)) sections 14 through 16 of this act.
(2) Beginning July 1, 2024, all contract projects, the estimated cost of which is less than the amount authorized, may be awarded using the small works roster process under sections 14 through 16 of this act.
p.(5) RCW 39.10.240 and 2023 c .
62 SHB 1306 (5) RCW 39.10.240 and 2023 c .
(9)p. RCW 39.10.280 and 2014 c 42 s 2, 2013 c 222 s 8, & 2007 c 494 s 108;
62 HB 1306 (9) RCW 39.10.280 and 2014 c 42 s 2, 2013 c 222 s 8, & 2007 c 494 s 108;
p.(25) RCW 39.10.440 and 2021 c 230 s 16, 2019 c 212 s 9, 2015 c 173 s 1, 2013 c 222 s 19, & 2007 c 494 s 403;
63 SHB 1306 (25) RCW 39.10.440 and 2021 c 230 s 16, 2019 c 212 s 9, 2015 c 173 s 1, 2013 c 222 s 19, & 2007 c 494 s 403;
(29)p. RCW 39.10.480 and 1994 c 132 s 9;
63 HB 1306 (29) RCW 39.10.480 and 1994 c 132 s 9;
IfSections specific1 fundingthrough for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2023,32 inthrough the34, omnibus36, appropriationsand act,37 of this act istake nulleffect andJuly void.1, 2024.
Sections 1 through 30, 32 through 34, 36, and 37 of this act take effect July 1, 2024.
p.
64 SHB 1306 NEW SECTION.
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6564 SHBHB 1306
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View plain text versions (2)
- Bill View text Current pdf
- Substitute Substitute Bill pdf
Action History
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House Rules "X" file.
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By resolution, reintroduced and retained in present status.
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Referred to Rules 2 Consideration.
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Rules Committee relieved of further consideration. Placed on second reading.
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Referred to Rules 2 Review.
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APP - Majority; 1st substitute bill be substituted, do pass.
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Executive action taken in the House Committee on Appropriations at 1:30 PM.
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Public hearing in the House Committee on Appropriations at 4:00 PM.
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Referred to Appropriations.
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ICEV - Majority; do pass.
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Executive action taken in the House Committee on Technology, Economic Development, & Veterans at 10:30 AM.
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Public hearing in the House Committee on Technology, Economic Development, & Veterans at 10:30 AM.
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First reading, referred to Innovation, Community & Economic Development, & Veterans.
Sponsors
- Mari Leavitt · Cosponsor
- Gerry Pollet · Cosponsor
- Julia Reed · Cosponsor
- Mike Steele · Cosponsor
- Steve Tharinger · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 146 not signed on
Sponsors (1)
- Steve Tharinger Democrat
Co-sponsors (4)
- Mari Leavitt Democrat
- Gerry Pollet Democrat
- Julia Reed Democrat
- Mike Steele Republican
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 1306?
- HB 1306 is sponsored by Mari Leavitt (Democrat), Gerry Pollet (Democrat), Julia Reed (Democrat), Mike Steele (Republican), and Steve Tharinger (Democrat).
- What is the current status of HB 1306?
- This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 1306?
- Track HB 1306 free on One Click Politics — get push/email alerts when it moves.
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