What is Ordinary Maintenance and is it a Public Work?

What is Ordinary Maintenance and is it a Public Work?

This is one of the most frequently asked questions by those dealing with public works in the State of Washington.

Public Works Definition:  RCW 39.04.010 defines a public work, in part, as follows:

"Public work" means all work, construction, alteration, repair, or improvement other than ordinary maintenance...

What is not a Public Work:  Based on this definition of a public work, "ordinary maintenance" is not a public work.

Ordinary Maintenance Definition:  So, if ordinary maintenance is not a public work, what is it?  WAC 296-127-010 notes that ordinary maintenance is not a public work and defines ordinary maintenance as follows:

Ordinary maintenance...is defined as work not performed by contract and that is performed on a regularly scheduled basis (e.g., daily, weekly, monthly, seasonally, semiannually, but not less frequently than once per year), to service, check, or replace items that are not broken; or work not performed by contract that is not regularly scheduled but is required to maintain the asset so that repair does not become necessary. 

Work performed by agency personnel  While the definition of ordinary maintenance in WAC 296-127-010 is somewhat long and detailed, the key thing to note in the definition is that ordinary maintenance "is defined as work not performed by contract."  The only work that would not be performed by contract is work that is performed with a public agency's own personnel.  All other work is done by a contract with a contractor or service provider.  Thus, work performed by an agency's own personnel, whether it is regularly scheduled or not regularly scheduled, is ordinary maintenance, and such work is not a public work.

Is Maintenance the same as Ordinary Maintenance?  The short answer is that maintenance and ordinary maintenance are different, but that is the subject of another blog posting later. 

Summary:  Ordinary maintenance is work performed by an agency's personnel and is not a public work.

Mike Purdy's Public Contracting Blog 

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