SB 5017 — Clarifying school district procurement requirements for personal service contracts for construction management, value engineering, constructibility review, and building commissioning. (REVISED FOR ENGROSSED: Clarifying school district procurement requirements for service contracts for construction management, value engineering, constructibility review, and building commissioning.)

S-0104.1ENGROSSED SENATE BILL 5017 State of Washington 67th Legislature 2021 Regular Session By Senators Wellman, Honeyford, Mullet, and Wilson, C.

AN ACT Relating to clarifying school district procurement requirements for personal service contracts for construction management, value engineering, constructibility review, and building commissioning;

and amending RCW 28A.335.190;28A.335.190.

creating a new section;

and declaring an emergency.

NEW SECTION.

The legislature finds that school construction procurement processes must comply with the requirements of public works laws specified in chapter 39.04 RCW.

Competitive bidding requirements under chapter 39.04 RCW apply to construction contracts by registered contractors.

Procurement requirements in RCW 28A.335.190 for public works by school districts are not well defined and may be interpreted as being inconsistent with the requirements of chapter 39.04 RCW and with the authority to contract for personal services under RCW 28A.320.035.

The purpose of this act is to make retroactive, remedial, curative, and technical amendments to clarify the intent of RCW 28A.335.190.

Sec.

2.

p.(1) When, in the opinion of the board of directors of any school district, the cost of any furniture, supplies, equipment, building, improvements, or repairs, ((or)) other construction work by a contractor who meets the criteria in RCW 39.04.350, or other 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.

1The SB 5017 (1) When, in the opinion of the board of directors of any school district, the cost of any furniture,public supplies,work, equipment,improvement, building, improvements, or repairs,repair ((or))for other construction work by a contractor who meets the criteriapurposes in RCW 39.04.350, or other purchases, except books, will equal or exceed the threshold levels specified in subsections (2) and (4) of this section,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,aggregate once each week for two consecutive weeks, of theall intentionamounts to receivebe bidspaid andfor thatlabor, specificationsmaterial, and otherp. information may be examined at the office of the board or any other officially designated location.

The1 costESB of5017 any public work, improvement, or repair for the purposes of this section shall be the aggregate of all amounts to be paid for labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously or in close sequence.

p.(4) The board may make improvements or repairs to the property of the district through a department within the district without following the public bidding process provided in subsection (1) of this section when the total of such improvements or repairs does not exceed the sum of seventy-five thousand dollars.

2 SB 5017 (4) The board may make improvements or repairs to the property of the district through a department within the district without following the public bidding process provided in subsection (1) of this section when the total of such improvements or repairs does not exceed the sum of seventy-five thousand dollars.

(5) The contract for the work or purchase shall be awarded to the lowest responsible bidder as described in RCW 39.26.160(2) but the boardp. may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

2 ESB 5017 board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

(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.

(12) For purposes of this section, "construction work" does not include the following services:

(a) Construction management services;

(b) value engineering;

(c) constructability review;

(d) building commissioning;

and (e) other construction-related professional and personal services.

(13) Beginning January 1, 2023, requests for proposals or qualifications, advertisements, bids, or calls for bids pursuant to this section for the services listed under subsection (12) of this section, must include the standard clauses required under RCW 39.19.050.

3 SBESB 5017 (11)(14) AsBeginning usedJanuary in1, this2023, section,requests "pricefor percentageproposals preference"or meansqualifications, theadvertisements, percentbids, byor whichcalls afor responsivebids bidpursuant fromto athis responsiblesection bidderfor whosethe productservices islisted aunder Washingtonsubsection grown(12) foodof maythis exceedsection, are subject to the lowestprocurement responsiverequirements bidof submittedchapter by39.10 aor responsible39.80 bidderRCW, whoseas productapplicable isto notthe amethod Washingtonof grownproject food.delivery.

NEW(15) SECTION.Beginning January 1, 2023, school districts may use interlocal agreements under chapter 39.34 RCW to procure the services listed under subsection (12) of this section only if the agreements are executed following a competitive, qualification-based procurement process for these services pursuant to chapter 39.10 or 39.80 RCW.

Sec.

3.

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

4 SBESB 5017