wa-law.org > bill > 2025-26 > HB 1970 > Original Bill
A public body may apply for certification to use the design-build or general contractor/construction manager contracting procedure, or both. Once certified, a public body may use the contracting procedure for which it is certified on individual projects without seeking committee approval for a period of three years. A public body seeking certification must submit to the committee an application in a format and manner as prescribed by the committee. The application must include a description of the public body's qualifications, its capital plan during the certification period, and its intended use of alternative contracting procedures.
A public body seeking certification for the design-build procedure must demonstrate successful management of at least one design-build project within the previous five years. A public body seeking certification for the general contractor/construction manager procedure must demonstrate successful management of at least one general contractor/construction manager project within the previous five years.
To certify a public body, the committee shall determine that the public body:
Has the necessary experience and qualifications to determine which projects are appropriate for using alternative contracting procedures;
Has the necessary experience and qualifications to carry out the alternative contracting procedure including, but not limited to: (i) Project delivery knowledge and experience; (ii) personnel with appropriate construction experience; (iii) a management plan and rationale for its alternative public works projects; (iv) demonstrated success in managing public works projects; (v) the ability to properly manage its capital facilities plan including, but not limited to, appropriate project planning and budgeting experience; and (vi) the ability to meet requirements of this chapter; and
Has resolved any audit findings on previous public works projects in a manner satisfactory to the committee.
The committee shall make its determination at the public meeting during which an application for certification is reviewed. Public comments must be considered before a determination is made. Within 10 business days of the public meeting, the committee shall provide a written determination to the public body, and make its determination available to the public on the committee's website.
The committee may revoke any public body's certification upon a finding, after a public hearing, that its use of design-build or general contractor/construction manager contracting procedures no longer serves the public interest.
The committee may renew the certification of a public body for additional three-year periods. The public body must submit an application for recertification at least three months before the initial certification expires. The committee may accept late applications, if administratively feasible, to avoid expiration of certification on a case-by-case basis. The application shall include updated information on the public body's experience and current staffing with the procedure it is applying to renew, and any other information requested in advance by the committee. The committee must review the application for recertification at a meeting held before expiration of the applicant's initial certification period. A public body must reapply for certification under the process described in subsection (1) of this section once the period of recertification expires.
Certified public bodies must submit project data information as required in RCW 39.10.320 and 39.10.350.
The department of transportation is not subject to the certification requirements under this section to use the design-build or general contractor/construction manager contracting procedure on individual projects.
The department of transportation shall develop a process for awarding competitively bid highway construction contracts for projects that may be constructed using
the alternative public works contracting procedures as authorized in RCW 47.20.785.
The department of transportation is authorized to use the design-build procedure, progressive design-build, and general contractor/construction manager, as defined in RCW 39.10.210, for public works projects
. For the first three general contractor/construction manager projects that the department delivers after July 1, 2025, the department shall pursue approval in accordance with RCW 39.10.280. After three such approvals have been granted, the department is not subject to the approval requirements of RCW 39.10.280.
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.