Fenestration certification

AN ACT Relating to establishing fenestration certification 1
requirements for certain public works contracts; reenacting and 2
amending RCW 39.04.350 and 39.04.350; adding a new section to chapter 3
39.04 RCW; providing effective dates; and providing an expiration 4
date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. A new section is added to chapter 39.04 7
RCW to read as follows: 8
(1) This section applies to any public work involving the 9
construction, alteration, repair, remodeling, or improvement of a 10
fenestration product or system where the total project is estimated 11
to be: 12
(a) $25,000,000 or more for new construction; or13
(b) $5,000,000 or more for alteration, repair, remodeling, or 14
improvement. 15
(2)(a) For contracts awarded on or after January 1, 2028, the 16
specifications must require the contractor to: 17
(i) Hold a national glazing contractor certification; and18
(ii) Employ at least one worker or supervisor with a national 19
technician certification. 20
H-2663.2
HOUSE BILL 2390
State of Washington 69th Legislature 2026 Regular Session
By Representatives Hall, Berry, and Reed
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Capital Budget.
p. 1 HB 2390
(b) For contracts awarded on or after January 1, 2029, in 1
addition to (a) of this subsection, the specifications must require 2
the contractor to ensure that not less than 25 percent of employees 3
performing fenestration work on the project hold a national 4
technician certification. 5
(3) Compliance with this section must be documented in a bid 6
submittal and must be a condition of award and payment.7
(4) For the purposes of this section: 8
(a) "Fenestration product or system" means a window, glass, 9
glazing or glazing system, or skylight, whether installed in a 10
horizontal or vertical plane, that is designed to provide a 11
weatherproof barrier, excluding premanufactured windows or skylights;12
(b) "National glazing contractor certification" means the 13
certification administered under the North American contractor 14
certification program or a successor program accredited by the 15
American national standards institute national accreditation board to 16
ISO/IEC 17065 or an equivalent nationally recognized standard; and17
(c) "National technician certification" means the architectural 18
glass and metal technician certification program or a successor 19
program accredited by the American national standards institute 20
national accreditation board to ISO/IEC 17024 or an equivalent 21
nationally recognized standard. 22
Sec. 2. RCW 39.04.350 and 2025 c 173 s 1 and 2025 c 63 s 1 are 23
each reenacted and amended to read as follows: 24
(1) Before award of a public works contract, a bidder must meet 25
the following responsibility criteria to be considered a responsible 26
bidder and qualified to be awarded a public works project. The bidder 27
must: 28
(a) At the time of bid submittal, have a certificate of 29
registration in compliance with chapter 18.27 RCW, a plumbing 30
contractor license in compliance with chapter 18.106 RCW, an elevator 31
contractor license in compliance with chapter 70.87 RCW, or an 32
electrical contractor license in compliance with chapter 19.28 RCW, 33
as required under the provisions of those chapters;34
(b) Have a current state unified business identifier number;35
(c) If applicable, have industrial insurance coverage for the 36
bidder's employees working in Washington as required in Title 51 RCW; 37
an employment security department number as required in Title 50 RCW; 38
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and a state excise tax registration number as required in Title 82 1
RCW; 2
(d) Not be disqualified from bidding on any public works contract 3
under RCW 39.06.010 or 39.12.065(3); 4
(e) If bidding on a public works project subject to the 5
apprenticeship utilization requirements in RCW 39.04.320, not have 6
been found out of compliance by the Washington state apprenticeship 7
and training council for working apprentices out of ratio, without 8
appropriate supervision, or outside their approved work processes as 9
outlined in their standards of apprenticeship under chapter 49.04 RCW 10
for the one-year period immediately preceding the date of the bid 11
solicitation; 12
(f) Have received training on the requirements related to public 13
works and prevailing wage under this chapter and chapter 39.12 RCW. 14
The bidder must designate a person or persons to be trained on these 15
requirements. The training must be provided by the department of 16
labor and industries or by a training provider whose curriculum is 17
approved by the department. The department, in consultation with the 18
prevailing wage advisory committee, must determine the length of the 19
training. Bidders that have completed three or more public works 20
projects and have had a valid business license in Washington for 21
three or more years are exempt from this subsection. The department 22
of labor and industries must keep records of entities that have 23
satisfied the training requirement or are exempt and make the records 24
available on its website. Responsible parties may rely on the records 25
made available by the department regarding satisfaction of the 26
training requirement or exemption; 27
(g) Within the three-year period immediately preceding the date 28
of the bid solicitation, not have been determined by a final and 29
binding citation and notice of assessment issued by the department of 30
labor and industries or through a civil judgment entered by a court 31
of limited or general jurisdiction to have willfully violated, as 32
defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 33
49.52 RCW; and34
(h) At the time of bid submittal, not be subject to a revocation 35
of a minor work permit under RCW 49.12.390(4). 36
(2) Before award of a public works contract, a bidder shall 37
submit to the contracting agency a signed statement in accordance 38
with chapter 5.50 RCW verifying under penalty of perjury that the 39
bidder is in compliance with the responsible bidder criteria 40
p. 3 HB 2390
requirement of subsection (1)(g) and (h) of this section. A 1
contracting agency may award a contract in reasonable reliance upon 2
such a sworn statement. 3
(3)(a) In addition to the bidder responsibility criteria in 4
subsection (1) of this section, for a project subject to apprentice 5
utilization requirements under RCW 39.04.320, the bidder shall submit 6
an apprentice utilization plan to the awarding agency before 7
receiving the notice to proceed. A contracting agency may exempt a 8
bidder from the requirements of this subsection if the bidder met or 9
exceeded apprentice utilization requirements on the last public works 10
project the bidder completed. Contracting agencies may rely on 11
records made available by the department of labor and industries to 12
determine whether a bidder is eligible for the exemption in this 13
subsection. 14
(b) The department of labor and industries shall develop an 15
apprentice utilization plan template and make the template available 16
to awarding agencies and bidders. The plan template must include, at 17
minimum: The projected start and end dates of the project; estimated 18
total work hours; estimated apprentice hours by apprenticeable 19
occupation; list of state registered apprenticeship programs to be 20
contacted; and list of estimated apprenticeship training agents or 21
sponsors on the project. The plan template must also include 22
educational material on apprentice utilization requirements, 23
including how to access apprentices and contact apprenticeship 24
programs and where to find additional and relevant resources. The 25
department may approve the use of a template developed by an awarding 26
agency if it meets the minimum requirements of this subsection.27
(c) The department of labor and industries shall publish 28
completed apprentice utilization plans on its website.29
(4) In addition to the bidder responsibility criteria in 30
subsection (1) of this section, for a project subject to the 31
certification requirements in section 1 of this act, the bidder shall 32
submit documentation of compliance with the certification 33
requirements under section 1 of this act.34
(5) In addition to the bidder responsibility criteria in 35
subsection (1) of this section, the state or municipality may adopt 36
relevant supplemental criteria for determining bidder responsibility 37
applicable to a particular project which the bidder must meet.38
(a) Supplemental criteria for determining bidder responsibility, 39
including the basis for evaluation and the deadline for appealing a 40
p. 4 HB 2390
determination that a bidder is not responsible, must be provided in 1
the invitation to bid or bidding documents. 2
(b) In a timely manner before the bid submittal deadline, a 3
potential bidder may request that the state or municipality modify 4
the supplemental criteria. The state or municipality must evaluate 5
the information submitted by the potential bidder and respond before 6
the bid submittal deadline. If the evaluation results in a change of 7
the criteria, the state or municipality must issue an addendum to the 8
bidding documents identifying the new criteria. 9
(c) If the bidder fails to supply information requested 10
concerning responsibility within the time and manner specified in the 11
bid documents, the state or municipality may base its determination 12
of responsibility upon any available information related to the 13
supplemental criteria or may find the bidder not responsible.14
(d) If the state or municipality determines a bidder to be not 15
responsible, the state or municipality must provide, in writing, the 16
reasons for the determination. The bidder may appeal the 17
determination within the time period specified in the bidding 18
documents by presenting additional information to the state or 19
municipality. The state or municipality must consider the additional 20
information before issuing its final determination. If the final 21
determination affirms that the bidder is not responsible, the state 22
or municipality may not execute a contract with any other bidder 23
until two business days after the bidder determined to be not 24
responsible has received the final determination. 25
(e) If the bidder has a history of receiving monetary penalties 26
for not achieving the apprentice utilization requirements pursuant to 27
RCW 39.04.320, or is habitual in utilizing the good faith effort 28
exception process, the bidder must submit an apprenticeship 29
utilization plan within ten business days immediately following the 30
notice to proceed date. 31
(((5))) (6) The capital projects advisory review board created in 32
RCW 39.10.220 shall develop suggested guidelines to assist the state 33
and municipalities in developing supplemental bidder responsibility 34
criteria. The guidelines must be posted on the board's website.35
Sec. 3. RCW 39.04.350 and 2025 c 173 s 1 and 2025 c 63 s 2 are 36
each reenacted and amended to read as follows: 37
(1) Before award of a public works contract, a bidder must meet 38
the following responsibility criteria to be considered a responsible 39
p. 5 HB 2390
bidder and qualified to be awarded a public works project. The bidder 1
must: 2
(a) At the time of bid submittal, have a certificate of 3
registration in compliance with chapter 18.27 RCW, a plumbing 4
contractor license in compliance with chapter 18.106 RCW, an elevator 5
contractor license in compliance with chapter 70.87 RCW, or an 6
electrical contractor license in compliance with chapter 19.28 RCW, 7
as required under the provisions of those chapters;8
(b) Have a current state unified business identifier number;9
(c) If applicable, have industrial insurance coverage for the 10
bidder's employees working in Washington as required in Title 51 RCW; 11
an employment security department number as required in Title 50 RCW; 12
and a state excise tax registration number as required in Title 82 13
RCW; 14
(d) Not be disqualified from bidding on any public works contract 15
under RCW 39.06.010 or 39.12.065(3); 16
(e) If bidding on a public works project subject to the 17
apprentice utilization requirements in RCW 39.04.320, not have been 18
found out of compliance by the Washington state apprenticeship and 19
training council for working apprentices out of ratio, without 20
appropriate supervision, or outside their approved work processes as 21
outlined in their standards of apprenticeship under chapter 49.04 RCW 22
for the one-year period immediately preceding the date of the bid 23
solicitation; 24
(f)(i) Have completed at least one public works project within 25
the previous three years and have not received a citation for a 26
violation of this chapter, chapter 39.12 RCW, or those provided in 27
RCW 39.12.055 (1) through (3) during that same time period; or (ii) 28
have at least one designated person who is a current employee or 29
officer and who has received training on the requirements related to 30
public works and prevailing wage under this chapter and chapter 39.12 31
RCW within the previous three years. The training must be provided by 32
the department of labor and industries or by a training provider 33
whose curriculum is approved by the department. The department, in 34
consultation with the prevailing wage advisory committee, must 35
determine the length of the training. The department of labor and 36
industries must keep records of persons that have completed the 37
training in the previous three years and make the records available 38
on its website. Responsible parties may rely on the records made 39
available by the department; 40
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(g) Within the three-year period immediately preceding the date 1
of the bid solicitation, not have been determined by a final and 2
binding citation and notice of assessment issued by the department of 3
labor and industries or through a civil judgment entered by a court 4
of limited or general jurisdiction to have willfully violated, as 5
defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 6
49.52 RCW; and7
(h) At the time of bid submittal, not be subject to a revocation 8
of a minor work permit under RCW 49.12.390(4). 9
(2)(a) The department of labor and industries shall publish on 10
its website available information in order for contracting agencies 11
to verify the status of a bidder's compliance with each of the 12
criteria under subsection (1)(a) through (f) of this section.13
(b) Before award of a public works contract, a bidder shall 14
submit to the contracting agency a signed statement in accordance 15
with chapter 5.50 RCW verifying under penalty of perjury that the 16
bidder is in compliance with the responsible bidder criteria 17
requirement of subsection (1)(g) and (h) of this section. A 18
contracting agency may reasonably rely upon such a sworn statement. 19
The contracting agency shall verify that the bidder meets the 20
remaining criteria in subsection (1) of this section through publicly 21
available information on the department of labor and industries' 22
website. 23
(3)(a) In addition to the bidder responsibility criteria in 24
subsection (1) of this section, for a project subject to apprentice 25
utilization requirements under RCW 39.04.320, the bidder shall submit 26
an apprentice utilization plan to the awarding agency before 27
receiving the notice to proceed. A contracting agency may exempt a 28
bidder from the requirements of this subsection if the bidder met or 29
exceeded apprentice utilization requirements on the last public works 30
project the bidder completed. Contracting agencies may rely on 31
records made available by the department of labor and industries to 32
determine whether a bidder is eligible for the exemption in this 33
subsection. 34
(b) The department of labor and industries shall develop an 35
apprentice utilization plan template and make the template available 36
to awarding agencies and bidders. The plan template must include, at 37
minimum: The projected start and end dates of the project; estimated 38
total work hours; estimated apprentice hours by apprenticeable 39
occupation; list of state registered apprenticeship programs to be 40
p. 7 HB 2390
contacted; and list of estimated apprenticeship training agents or 1
sponsors on the project. The plan template must also include 2
educational material on apprentice utilization requirements, 3
including how to access apprentices and contact apprenticeship 4
programs and where to find additional and relevant resources. The 5
department may approve the use of a template developed by an awarding 6
agency if it meets the minimum requirements of this subsection.7
(c) The department of labor and industries shall publish 8
completed apprentice utilization plans on its website.9
(4) In addition to the bidder responsibility criteria in 10
subsection (1) of this section, for a project subject to the 11
certification requirements in section 1 of this act, the bidder shall 12
submit documentation of compliance with the certification 13
requirements under section 1 of this act.14
(5) In addition to the bidder responsibility criteria in 15
subsection (1) of this section, the state or municipality may adopt 16
relevant supplemental criteria for determining bidder responsibility 17
applicable to a particular project which the bidder must meet.18
(a) Supplemental criteria for determining bidder responsibility, 19
including the basis for evaluation and the deadline for appealing a 20
determination that a bidder is not responsible, must be provided in 21
the invitation to bid or bidding documents. 22
(b) In a timely manner before the bid submittal deadline, a 23
potential bidder may request that the state or municipality modify 24
the supplemental criteria. The state or municipality must evaluate 25
the information submitted by the potential bidder and respond before 26
the bid submittal deadline. If the evaluation results in a change of 27
the criteria, the state or municipality must issue an addendum to the 28
bidding documents identifying the new criteria. 29
(c) If the bidder fails to supply information requested 30
concerning responsibility within the time and manner specified in the 31
bid documents, the state or municipality may base its determination 32
of responsibility upon any available information related to the 33
supplemental criteria or may find the bidder not responsible.34
(d) If the state or municipality determines a bidder to be not 35
responsible, the state or municipality must provide, in writing, the 36
reasons for the determination. The bidder may appeal the 37
determination within the time period specified in the bidding 38
documents by presenting additional information to the state or 39
municipality. The state or municipality must consider the additional 40
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information before issuing its final determination. If the final 1
determination affirms that the bidder is not responsible, the state 2
or municipality may not execute a contract with any other bidder 3
until two business days after the bidder determined to be not 4
responsible has received the final determination. 5
(((5))) (6) The capital projects advisory review board created in 6
RCW 39.10.220 shall develop suggested guidelines to assist the state 7
and municipalities in developing supplemental bidder responsibility 8
criteria. The guidelines must be posted on the board's website.9
NEW SECTION. Sec. 4. Sections 1 and 2 of this act take effect 10
January 1, 2027.11
NEW SECTION. Sec. 5. Section 2 of this act expires July 1, 12
2027.13
NEW SECTION. Sec. 6. Section 3 of this act takes effect July 1, 14
2027.15
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