wa-law.org > bill > 2025-26 > HB 2552 > Substitute Bill
This section provides an alternative process for awarding contracts for construction, renovation, remodeling, alteration, repair, or improvement of department structures, highways, and facilities. These provisions may be used, in conjunction with existing procedures to award contracts for such work, when the project involves construction, renovation, remodeling, alteration, repair, or improvement of a structure, highway, or facility.
The department may create a single roster or may create multiple rosters for different categories of anticipated work. Qualified contractors shall be added to the roster or rosters at any time they submit a written request, necessary records, and meet the qualifications established by the department. Only contractors that have been prequalified by the department consistent with RCW 47.28.070 may be added to a roster.
The public solicitation of qualifications shall include but not be limited to:
A description of the types of projects to be completed and where possible may include programmatic, performance, and technical requirements and specifications;
The reasons for using the roster process;
A description of the process the department will use to evaluate qualifications, including evaluation factors and the relative weight of factors; and
A description of the administrative process by which the required qualifications, evaluation process, and project types may be appealed.
The department shall establish a committee that includes a representative from the department's office of equity and civil rights. Evaluation criteria for selection of the contractor or contractors to be included on a roster shall include, but not be limited to:
The contractor's approach to executing the scope or scopes of work for the project;
The contractor's approach to safety and the contractor's safety history;
The contractor's record of including certified small, veteran-owned, and other socially and economically disadvantaged business enterprises; and
The contractor's past history of use of certified small, veteran-owned, and other socially and economically disadvantaged business enterprises over the last five years.
Contractors meeting the evaluation committee's criteria for selection must be placed on the applicable roster or rosters.
When a project is selected for delivery through this roster process, the department must establish procedures for securing bids or proposals from contractors on a roster and awarding projects. Projects may be awarded to the responsible bidder with the lowest price, or the best value, as deemed appropriate by the department.
Authority granted by subsection (2) of this section shall be conducted in accordance with applicable laws regarding apprenticeship utilization and prevailing wage.
For any project delivered through a roster established under this section, the department shall provide all contractors on the applicable roster written notice of each task order solicitation. The notice must include the scope of work. The department may limit proposals to contractors it determines are qualified to perform the specific scope of work, but it must document the basis for that determination.
Upon establishing a roster, the department shall provide a report to the capital projects advisory review board which must, at a minimum, include a list of rosters used, contracts awarded, and certified small, veteran-owned, and other socially and economically disadvantaged business enterprises' use rates on the projects.
Upon establishing a roster, and every September thereafter, the department shall report to the legislative transportation committees the number of qualified certified small, veteran-owned, and other socially and economically disadvantaged business enterprises on the roster or rosters and the number of contracts awarded to these firms.
This section provides an additional process for awarding contracts for any construction, renovation, alteration, repair, or improvement contracted by or for a regional transit authority authorized pursuant to chapter 81.112 RCW.
The authority may create one or more rosters of multiple award task order construction contracts. At recurring intervals during the term of a multiple award task order contract, the authority shall publish in a newspaper of general circulation and with the office of minority and women's business enterprises, a notice of opportunity to submit a statement of qualifications from contractors who wish to be on the roster of prime contractors awarded a multiple award task order contract. Placement on a roster shall be based on evaluation of submittals pursuant to a request for qualifications.
The public solicitation of a request for qualifications shall provide information related to the contract and criteria for evaluation for award of contract and placement on a roster, to include, but not be limited to:
A description of the types of projects and scopes of work that may be requested by the authority to be completed;
The reasons for using the roster process;
Evaluation factors and the relative weight of factors;
The form of the contract to be awarded; and
A description of the process by which scopes of work will be awarded under the contract.
Evaluation criteria for selection of the contractor or contractors to be included on a roster shall include, but not be limited to:
The contractor's approach to safety and the contractor's safety history;
The contractor's record of performance; and
The contractor's record of including small businesses and disadvantaged business enterprises, and the contractor's proposed outreach plan and commitment to include such firms.
When a project is selected for delivery of a task order scope of work through this roster process, the authority must establish a procedure for securing written proposals from one or more contractors on a contract roster that the authority determines are qualified to perform the task order scope of work.
A request for task order proposals shall include, at a minimum:
A description of the scope of work to be performed;
An estimate of time for performance of the work; and
Competitive factors considered for award of the task order.
The authority shall make an effort to solicit proposals from small business entities and encourage participation by small business entities as prime contractors on rosters established and as subcontractors or suppliers for performance of task orders issued. To the extent permitted by funding and law, the authority shall make an effort to solicit proposals from qualified entities certified by the Washington state office of minority and women's business enterprises.
Protest procedures must be included in the requests for proposals for award of contract for placement on a roster, and related to award of a task order pursuant to the contract, including time limits for filing a protest, which in no event may limit the time to file a protest to fewer than four business days from the date the proposer was notified of the selection decision.
Authority granted by subsection (2) of this section shall be conducted in accordance with applicable laws regarding apprenticeship utilization and prevailing wage.
For any project delivered through a roster established under this section, the authority shall provide all contractors on the applicable roster written notice of each task order solicitation. The notice must include the scope of work. The authority may limit proposals to contractors it determines are qualified to perform the specific scope of work, but it must document the basis for that determination.
The authority shall provide a report to the governing body of the authority and to the transportation committees of the legislature on a regular basis which must, at a minimum, include a list of rosters used, number of contracts awarded for each roster, total number of task orders, and total amount authorized for each contract roster established.