Department of Enterprise Services to update public works contracting rules

Updates align rules with state law changes, including small works roster modifications

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A public works project that has a beautiful geometric wood space in the ceiling
OLYMPIA - The Department of Enterprise Services (DES) is updating its public works contracting rules to align with recent changes to state law that modify the state small works roster process, streamline administrative procedures, and maintain existing labor protections for contractors.

The small works roster is an alternative public works contracting process that state agencies and colleges, and local governments like cities, can use for projects under a certain threshold.

The rulemaking is limited in scope. The purpose for the update is to:

  • Align DES public works rules under WAC 200-330, Small Works Roster, with changes to state law (Second Substitute Senate Bill 5268).
  • Update and clarify DES’ role and administrative procedures.
  • Make the rules easier to understand.

Public input

DES is seeking public input early in the rulemaking process to gather feedback and ideas while crafting initial rule changes and is holding a virtual public workshop from 3-4 p.m. on Sept. 6.

Interested parties can:

Next steps

After reviewing initial feedback, DES will formally propose rule changes and hold a public comment period and public hearing.

Background

The small works roster process allows smaller construction firms to be more competitive in bidding processes, increasing small and diverse businesses in public works contracting. Public works are construction projects funded through public dollars.

The 2023 Legislature passed the Efficiency and Equity in Public Works Contracting bill to increase equity in public works contracting by helping small, minority, women, and veteran-owned businesses secure public works contracts.

The bill updates the existing small works roster regulations, establishes a statewide roster and a small public works business certification program, aligns financial thresholds throughout the state, and adds a direct contracting option.

Most changes go into effect July 1, 2024.