Bill Would Modify Alternative Public Works Contracting Procedures

The Capital Projects Advisory Review Board (CPARB) has recommended to the Washington State Legislature approval of proposed legislation affecting Alternative Public Works Contracting procedures. House Bill 1197 would make the following changes to chapter 39.10 RCW:

1. DBOB Guidelines: Requires CPARB to develop guidelines for the review and approval of Design-Build demonstration projects that include operations and maintenance services, also known as Design-Build-Operate-Maintain (DBOM).
   
2. Two DBOM Demonstration Projects: Permits CPARB's Project Review Committee to approve not more than two Design-Build projects that include procurement of operations and maintenance services (DBOM) for a period longer than the three years in chapter 39.10 RCW currently.
   
3. Smaller Design-Build Projects: Permits CPARB's Project Review Committee to approve not more than ten Design-Build projects with a total project cost between $2 and $10 million dollars. The current threshold is that a Design-Build project must be $10 million.
4. Public Agency Certification - Clarification: Clarifies that public agencies seeking certification to use the Design-Build procedure must demonstrate successful management of at least one Design-Build project within the previous five years, and those seeking certification for the GC/CM process must demonstrate successful management of at least one GC/CM project within the previous five years. The current law is ambiguous and implies that a public agency could seek certification for GC/CM based on Design-Build experience or visa versa.
   
5. Design-Build Honorarium: Requires public agencies to pay an honorarium payment to Design-Build finalists submitting "responsive" proposals, rather than "best and final" proposals.
   
6. Public Bid Openings for GC/CM: Requires public bid openings as part of the GC/CM selection process when contractors submit their "percent fee" and fixed amount for Specified General Conditions. Also requires that scores be open for public review at the bid opening.
   
7. Job Order Contracting: Expands the use of Job Order Contracting by other public agencies by allowing the State Department of General Administration (GA), the University of Washington (UW), and Washington State University (WSU) to issue Job Order Contract work orders for regional universities and The Evergreen State College.

The House State Government and Tribal Affairs Committee will hear testimony on HB 1197 at their Friday, January 23, 2009 meeting at 1:30 p.m. Many of the provisions of this bill were included in legislation that was introduced in 2008 but not approved by the Legislature.