Transportation contracting

AN ACT Relating to allowing the use of multiple award task order 1
contracting by the department of transportation and regional transit 2
authorities; adding a new section to chapter 47.20 RCW; and adding a 3
new section to chapter 39.10 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 47.20 6
RCW to read as follows: 7
(1) This section provides an alternative process for awarding 8
contracts for construction, renovation, remodeling, alteration, 9
repair, or improvement of department structures, highways, and 10
facilities. These provisions may be used, in conjunction with 11
existing procedures to award contracts for such work, when the 12
project involves construction, renovation, remodeling, alteration, 13
repair, or improvement of a structure, highway, or facility.14
(2) The department may create a single roster or may create 15
multiple rosters for different categories of anticipated work. 16
Qualified contractors shall be added to the roster or rosters at any 17
time they submit a written request, necessary records, and meet the 18
qualifications established by the department. Only contractors that 19
have been prequalified by the department consistent with RCW 20
47.28.070 may be added to a roster. 21
H-2508.3
HOUSE BILL 2552
State of Washington 69th Legislature 2026 Regular Session
By Representatives Zahn, Fitzgibbon, Donaghy, Fey, and Nance
Read first time 01/16/26. Referred to Committee on Transportation.
p. 1 HB 2552
(3) The public solicitation of qualifications shall include but 1
not be limited to: 2
(a) A description of the types of projects to be completed and 3
where possible may include programmatic, performance, and technical 4
requirements and specifications; 5
(b) The reasons for using the roster process; 6
(c) A description of the process the department will use to 7
evaluate qualifications, including evaluation factors and the 8
relative weight of factors; and 9
(d) A description of the administrative process by which the 10
required qualifications, evaluation process, and project types may be 11
appealed. 12
(4) The department shall establish a committee that includes a 13
representative from the department's office of equity and civil 14
rights. Evaluation criteria for selection of the contractor or 15
contractors to be included on a roster shall include, but not be 16
limited to: 17
(a) The contractor's approach to executing the scope or scopes of 18
work for the project; 19
(b) The contractor's approach to safety and the contractor's 20
safety history; 21
(c) The contractor's record of including certified small, 22
veteran-owned, and other socially and economically disadvantaged 23
business enterprises; and 24
(d) The contractor's past history of use of certified small, 25
veteran-owned, and other socially and economically disadvantaged 26
business enterprises over the last five years. 27
(5) Contractors meeting the evaluation committee's criteria for 28
selection must be placed on the applicable roster or rosters.29
(6) When a project is selected for delivery through this roster 30
process, the department must establish procedures for securing bids 31
or proposals from contractors on a roster and awarding projects. 32
Projects may be awarded to the responsible bidder with the lowest 33
price, or the best value, as deemed appropriate by the department.34
(7) Upon establishing a roster, the department shall provide a 35
report to the capital projects advisory review board which must, at a 36
minimum, include a list of rosters used, contracts awarded, and 37
certified small, veteran-owned, and other socially and economically 38
disadvantaged business enterprises' use rates on the projects.39
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(8) Upon establishing a roster, and every September thereafter, 1
the department shall report to the legislative transportation 2
committees the number of qualified certified small, veteran-owned, 3
and other socially and economically disadvantaged business 4
enterprises on the roster or rosters and the number of contracts 5
awarded to these firms. 6
NEW SECTION. Sec. 2. A new section is added to chapter 39.10 7
RCW to read as follows: 8
(1) This section provides an additional process for awarding 9
contracts for any construction, renovation, alteration, repair, or 10
improvement contracted by or for a regional transit authority 11
authorized pursuant to chapter 81.112 RCW. 12
(2) The authority may create one or more rosters of multiple 13
award task order indefinite delivery indefinite quantity construction 14
contracts. At recurring intervals during the term of a multiple award 15
task order contract, the authority shall publish in a newspaper of 16
general circulation and with the office of minority and women's 17
business enterprises, a notice of opportunity to submit a statement 18
of qualifications from contractors who wish to be on the roster of 19
prime contractors awarded a multiple award task order contract. 20
Placement on a roster shall be based on evaluation of submittals 21
pursuant to a request for qualifications. 22
(3) The public solicitation of a request for qualifications shall 23
provide information related to the contract and criteria for 24
evaluation for award of contract and placement on a roster, to 25
include, but not be limited to: 26
(a) A description of the types of projects and scopes of work 27
that may be requested by the authority to be completed;28
(b) The reasons for using the roster process; 29
(c) Evaluation factors and the relative weight of factors;30
(d) The form of the contract to be awarded; and31
(e) A description of the process by which scopes of work will be 32
awarded under the contract. 33
(4) Evaluation criteria for selection of the contractor or 34
contractors to be included on a roster shall include, but not be 35
limited to: 36
(a) The contractor's approach to safety and the contractor's 37
safety history; 38
(b) The contractor's record of performance; and39
p. 3 HB 2552
(c) The contractor's record of including small businesses and 1
disadvantaged business enterprises, and the contractor's proposed 2
outreach plan and commitment to include such firms.3
(5) When a project is selected for delivery of a task order scope 4
of work through this roster process, the authority must establish a 5
procedure for securing written proposals from one or more contractors 6
on a contract roster that the authority determines are qualified to 7
perform the task order scope of work. 8
(a) A request for task order proposals shall include, at a 9
minimum: 10
(i) A description of the scope of work to be performed;11
(ii) An estimate of time for performance of the work; and12
(iii) Competitive factors considered for award of the task order.13
(6) The authority shall make an effort to solicit proposals from 14
small business entities and encourage participation by small business 15
entities as prime contractors on rosters established and as 16
subcontractors or suppliers for performance of task orders issued. To 17
the extent permitted by funding and law, the authority shall make an 18
effort to solicit proposals from qualified entities certified by the 19
Washington state office of minority and women's business enterprises.20
(7) Protest procedures must be included in the requests for 21
proposals for award of contract for placement on a roster, and 22
related to award of a task order pursuant to the contract, including 23
time limits for filing a protest, which in no event may limit the 24
time to file a protest to fewer than four business days from the date 25
the proposer was notified of the selection decision.26
(8) The authority shall provide a report on a regular basis which 27
must, at a minimum, include a list of rosters used, number of 28
contracts awarded for each roster, total number of task orders, and 29
total amount authorized for each contract roster established.30
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