Washington State Legislative Updates

As the 2011 Washington State legislative session enters its last week (adjourns April 24, 2011), here is an update on a number of bills relating to public works contracting that I have posted about this session: 

No Retainage on Federally Funded Transportation Projects: SHB 1384 would align Washington State law with federal regulations, eliminating the withholding of retainage on federally funded transportation projects.  Claimants (subcontractors, suppliers, workers, state agencies) would only have the payment bond to bring a claim against, since retainage would not be withheld.

• Status: Passed - in the House (unanimously) on March 5 and in the Senate (unanimously) on April 9
• More Information:  See my previous blog entry.

Bidding Preference for Washington State Contractors:  2SSB 5662 would  provide for a bidding preference for resident Washington State contractors on public works projects for all public agencies.

• Status: Passed - in the Senate (32-13) on March 3 and in the House (87-8) on April 5 
• More Information: See my previous blog entry. 

 Design-Build on WSDOT Projects:  SSB 5250  would increase the use of Design-Build on WSDOT projects to those over $1 million (down from the current $10 million) and require WSDOT to justify not using Design-Build.

• Status: Dead for this session (it did not pass out of the House (opposite house) by April 12)
• More Information:  See my previous blog entry.

 Defining Categories of Businesses for Small Works Roster:  SHB 1173 would have amended the Small Works Roster legislation in RCW 39.04.155 by establishing various categories of business sizes and permitting public agencies to restrict solicitation of bids to small businesses.

• Status: Dead for this session (it did not pass out of the House (house of origin) by March 7)
• More Information:  See my previous blog entry.

 

3% Bidding Preference for Washington State Businesses: HB 1355 would have established a 3% bidding preference for Washington State businesses in the award of public works, personal service contracts, and the purchase of goods and services by state agencies (including educational institutions).  

• Status: Dead for this session (it did not pass out of the House (house of origin) by March 7) 
• More Information:  See my previous blog entry.

"4-in-1" Public Contracting Authority Bill: SSB 5519 would have addressed public contracting authority relating to: purchases from correctional industries, exceptions to personal service contract competitive solicitation, documented justification and exemption of certain sole source contracts, and competitive bidding dollar limits. 

• Status: Dead for this session (committee report from the House (opposite house) was not read in by March 25)
• More Information:  See my previous blog entry.

Eliminating Time Restriction for Filing Prevailing Wage Claim: HB 1433 would have changed the date a worker has to file a claim with the Department of Labor and Industries for unpaid prevailing wages on a public works project, from 30 days from the acceptance date of the project, to 30 days "from the date that an interested party knew or should have known about the potential violation of the payment of prevailing wage requirements."  

• Status: Dead for this session (it did not pass out of the House (house of origin) by March 7)
• More Information:  See my previous blog entry.

Enabling Waiving of Bonding & Retainage on Projects Under $5,000: HB 1970 would have authorized state agencies or municipalities to waive certain payment/performance bond and retainage requirements for public works projects of $5,000 or less. Also would have increased the threshold for using a combined prevailing wage form from $2,500 to $5,000. 

• Status: Dead for this session (it did not pass out of the House (house of origin) by March 7)
• More Information:  See my previous blog entry.

GC/CM Subcontractor Selection Process Protests: HB 1971 would have modified the procedures for subcontract bidder protests on General Contractor/Construction Manager (GC/CM) contracts using the alternative method of selecting electrical and mechanical subcontractors.

• Status: Dead for this session (it did not pass out of the House (house of origin) by March 7)

Creating an Office of Civil Rights: SB 5557 and HB 1958 would create a state Office of Civil Rights, which would consolidate five existing civil rights-related agencies (the Office of Minority and Women’s Business Enterprise, the Washington State Human Rights Commission, the Commission on African American Affairs, the Commission on Hispanic Affairs, and the Commission on Asian Pacific American Affairs).

• Status: Dead for this session (neither bill passed out its respective house of origin by March 7) 
• More Information:  See my previous blog entry on the governor's proposal that led to these bills

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