Washington · statute · Wash. Rev. Code ch. 39.10 · 36 active provisions
The legislature finds that the traditional process of awarding public works contracts in lump sum to the lowest responsible bidder is a fair and objective method of selecting a contractor. However, under certain circumstances, alternative public works contracting procedures may best serve the public interest if such pr…
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Alternative public works contracting procedure" means the design-build, general contractor/construction manager, and job order contracting procedures authorized in RCW 39.10.300, 39.10.340, and 39.10.420, r…
(1) The board is created in the department of enterprise services to provide an evaluation of public capital projects construction processes, including the impact of contracting methods on project outcomes, and to advise the legislature on policies related to public works delivery methods.(2) Members of the board ident…
The board has the following powers and duties:(1) Develop and recommend to the legislature policies to encourage competition and to further enhance the quality, efficiency, and accountability of and equitable participation by small, minority, women, or veteran-owned businesses in capital construction projects through t…
(1) The board shall establish a project review committee to review and approve public works projects using the design-build and general contractor/construction manager contracting procedures authorized in RCW 39.10.300 and 39.10.340 and to certify public bodies as provided in RCW 39.10.270.(2) The board shall, by a maj…
The committee shall:(1) Certify, or renew certification for, public bodies to use design-build or general contractor/construction manager contracting procedures, or both;(2) Review and approve the use of the design-build or general contractor/construction manager contracting procedures on a project by project basis for…
(1) The committee shall hold regular public meetings to carry out its duties as described in RCW 39.10.250. Committee meetings are subject to chapter 42.30 RCW.(2) The committee shall publish notice of its public meetings at least twenty days before the meeting in a legal newspaper circulated in the area where the publ…
(1) 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…
(1) A public body not certified under RCW 39.10.270 must apply for approval from the committee to use the design-build or general contractor/construction manager contracting procedure on a project. A public body seeking approval must submit to the committee an application in a format and manner as prescribed by the com…
Final determinations by the committee may be appealed to the board within seven days by the public body or by an interested party. A written notice of an appeal must be provided to the committee and, as applicable, to the public body. The board shall resolve an appeal within forty-five days of receipt of the appeal and…
(1) Subject to the requirements in RCW 39.10.250, 39.10.270, or 39.10.280, public bodies may utilize the design-build procedure, including progressive design-build, for public works projects in which the total project cost is over $2,000,000 and where:(a) The construction activities are highly specialized and a design-…
(1) A public body utilizing the design-build contracting procedure shall provide:(a) Reasonable budget contingencies totaling not less than five percent of the anticipated contract value;(b) Staff or consultants with expertise and prior experience in the management of comparable projects;(c) Contract documents that inc…
(1) Contracts for design-build services shall be awarded through a competitive process using public solicitation of proposals for design-build services. At a minimum, 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…
Subject to the process in RCW 39.10.270 or 39.10.280, public bodies may utilize the general contractor/construction manager procedure for public works projects where at least one of the following is met:(1) Implementation of the project involves complex scheduling, phasing, or coordination;(2) The project involves cons…
(1) A public body using the general contractor/construction manager contracting procedure shall provide for:(a) The preparation of appropriate, complete, and coordinated design documents;(b) Confirmation that a constructability analysis of the design documents has been performed prior to solicitation of a subcontract b…
(1) Public bodies should select general contractor/construction managers at a time in the project when the general contractor/construction manager's participation provides value.(2) Contracts for the services of a general contractor/ construction manager under this section shall be awarded through a competitive process…
(1) The maximum allowable construction cost shall be used to establish a total contract cost for which the general contractor/construction manager shall provide a performance and payment bond. The maximum allowable construction cost shall be negotiated between the public body and the selected firm when the construction…
(1) All subcontract work and equipment and material purchases shall be competitively bid with public bid openings and require the public solicitation of the bid documents. At a minimum, the general contractor/construction manager shall publish at least once in a legal newspaper of general circulation published in, or a…
The selection process in this section may be used by public bodies certified under RCW 39.10.270. It may also be used by noncertified public bodies if this selection process has been approved for the project by the project review committee. As an alternative to the subcontractor selection process outlined in RCW 39.10.…
(1) Except as provided in this section, bidding on subcontract work or for the supply of equipment or materials by the general contractor/construction manager or its subsidiaries is prohibited.(2) The general contractor/construction manager, or its subsidiaries, may bid on subcontract work or for the supply of equipmen…
(1) If determination of subcontractor eligibility prior to seeking bids is in the best interest of the project and critical to the successful completion of a subcontract bid package, the general contractor/construction manager and the public body may determine subcontractor eligibility to bid. The general contractor/co…
Subcontract agreements used by the general contractor/construction manager shall not:(1) Delegate, restrict, or assign the general contractor/construction manager's implied duty not to hinder or delay the subcontractor. Nothing in this subsection (1) prohibits the general contractor/construction manager from requiring…
(1) All public bodies of the state of Washington are authorized to award job order contracts and use the job order contracting procedure.(2)(a) The department of enterprise services may issue job order contract work orders for Washington state parks department projects and public hospital districts.(b) The department o…
(1) Job order contracts shall be awarded through a competitive process using public requests for proposals.(2) The public body shall prioritize efforts to solicit proposals from certified minority or certified woman-owned contractors to the extent permitted by the Washington state civil rights act, RCW 49.60.400.(3) Th…
(1) The maximum total dollar amount that may be awarded under a job order contract is $4,000,000 per year for a maximum of three years. Any unused capacity from the previous year may be carried over for one year and added to the immediate following year's limit. The maximum annual volume including unused capacity shall…