SB 6235 and the Port of Seattle Audit

Senate Bill 6235 was introduced into the Washington State Legislature for the 2008 session. Among other things, the legislation would change the definition of "public works" which has traditionally related only to construction work. A whole body of other laws has developed around this definition. The proposed legislation would add consultant and architectural/engineering work to be a public work as well, something that conflicts with other parts of State law (RCW 39.80 requiring selection of architects and engineers based on qualifications, not price). All contractors public works (except for alternative public works - RCW 39.10) are selected based on the low bid.

The recent audit by the State Auditor's Office of the Port of Seattle's contracting practices included recommendations to the State Legislature. These recommendations, including changing the definition of public works, are embedded in SB 6235.

While it is apparent that there are some contract management issues that the Port of Seattle needs to pay closer attention to, SB 6235 is not the solution, especially the portion that would redefine public works.