Responsible bidder criteria

AN ACT Relating to modifying the responsible bidder criteria for 1
public works projects; amending RCW 39.04.350; and providing an 2
effective date. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 39.04.350 and 2023 c 88 s 1 are each amended to read 5
as follows: 6
(1) Before award of a public works contract, a bidder must meet 7
the following responsibility criteria to be considered a responsible 8
bidder and qualified to be awarded a public works project. The bidder 9
must: 10
(a) At the time of bid submittal, have a certificate of 11
registration in compliance with chapter 18.27 RCW, a plumbing 12
contractor license in compliance with chapter 18.106 RCW, an elevator 13
contractor license in compliance with chapter 70.87 RCW, or an 14
electrical contractor license in compliance with chapter 19.28 RCW, 15
as required under the provisions of those chapters;16
(b) Have a current state unified business identifier number;17
(c) If applicable, have industrial insurance coverage for the 18
bidder's employees working in Washington as required in Title 51 RCW; 19
an employment security department number as required in Title 50 RCW; 20
S-0787.1
SENATE BILL 5476
State of Washington 69th Legislature 2025 Regular Session
By Senator Hasegawa
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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)) apprentice utilization requirements in RCW 6
39.04.320, not have been found out of compliance by the Washington 7
state apprenticeship and training council for working apprentices out 8
of ratio, without appropriate supervision, or outside their approved 9
work processes as outlined in their standards of apprenticeship under 10
chapter 49.04 RCW for the one-year period immediately preceding the 11
date of the bid solicitation; 12
(f)(i) Have completed at least one public works project within 13
the previous three years and have not received a citation for a 14
violation of this chapter, chapter 39.12 RCW, or those provided in 15
RCW 39.12.055 (1) through (3) during that same time period; or (ii) 16
have at least one designated person who is a current employee or 17
officer and who has received training on the requirements related to 18
public works and prevailing wage under this chapter and chapter 39.12 19
RCW((. The bidder must designate a person or persons to be trained on 20
these requirements )) within the previous three years . The training 21
must be provided by the department of labor and industries or by a 22
training provider whose curriculum is approved by the department. The 23
department, in consultation with the prevailing wage advisory 24
committee, must determine the length of the training. ((Bidders that 25
have completed three or more public works projects and have had a 26
valid business license in Washington for three or more years are 27
exempt from this subsection. )) The department of labor and industries 28
must keep records of ((entities)) persons that have ((satisfied)) 29
completed the training ((requirement or are exempt )) in the previous 30
three years and make the records available on its website. 31
Responsible parties may rely on the records made available by the 32
department ((regarding satisfaction of the training requirement or 33
exemption)); and 34
(g) Within the three-year period immediately preceding the date 35
of the bid solicitation, not have been determined by a final and 36
binding citation and notice of assessment issued by the department of 37
labor and industries or through a civil judgment entered by a court 38
of limited or general jurisdiction to have willfully violated, as 39
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defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 1
49.52 RCW. 2
(2)(a) The department of labor and industries shall publish on 3
its website available information in order for contracting agencies 4
to verify the status of a bidder's compliance with each of the 5
criteria under subsection (1)(a) through (f) of this section.6
(b) Before award of a public works contract, a bidder shall 7
submit to the contracting agency a signed statement in accordance 8
with chapter 5.50 RCW verifying under penalty of perjury that the 9
bidder is in compliance with the responsible bidder criteria 10
requirement of subsection (1)(g) of this section. A contracting 11
agency may ((award a contract in reasonable reliance )) reasonably 12
rely upon such a sworn statement. The contracting agency shall verify 13
through publicly available information on the department of labor and 14
industries' website that the bidder meets the remaining criteria in 15
subsection (1) of this section.16
(3)(a) In addition to the bidder responsibility criteria in 17
subsection (1) of this section, for a project subject to apprentice 18
utilization requirements under RCW 39.04.320, the bidder shall submit 19
an apprentice utilization plan to the awarding agency within 60 days 20
of being awarded the contract.21
(b) The department of labor and industries shall develop an 22
apprentice utilization plan template and make the template available 23
to awarding agencies and bidders. The plan template must include, at 24
minimum: The projected start and end dates of the project; total work 25
hours; apprentice hours by apprenticeable occupation; list of state 26
registered apprenticeship programs to be contacted; and list of 27
apprenticeship training agents or sponsors on the project. The plan 28
template must also include educational material on apprentice 29
utilization requirements, including how to access apprentices and 30
contact apprenticeship programs and where to find additional and 31
relevant resources. The department may approve the use of a template 32
developed by an awarding agency if it meets the minimum requirements 33
of this subsection.34
(c) The department of labor and industries shall publish 35
completed apprentice utilization plans on its website.36
(4) In addition to the bidder responsibility criteria in 37
subsection (1) of this section, the state or municipality may adopt 38
relevant supplemental criteria for determining bidder responsibility 39
applicable to a particular project which the bidder must meet.40
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(a) Supplemental criteria for determining bidder responsibility, 1
including the basis for evaluation and the deadline for appealing a 2
determination that a bidder is not responsible, must be provided in 3
the invitation to bid or bidding documents. 4
(b) In a timely manner before the bid submittal deadline, a 5
potential bidder may request that the state or municipality modify 6
the supplemental criteria. The state or municipality must evaluate 7
the information submitted by the potential bidder and respond before 8
the bid submittal deadline. If the evaluation results in a change of 9
the criteria, the state or municipality must issue an addendum to the 10
bidding documents identifying the new criteria. 11
(c) If the bidder fails to supply information requested 12
concerning responsibility within the time and manner specified in the 13
bid documents, the state or municipality may base its determination 14
of responsibility upon any available information related to the 15
supplemental criteria or may find the bidder not responsible.16
(d) If the state or municipality determines a bidder to be not 17
responsible, the state or municipality must provide, in writing, the 18
reasons for the determination. The bidder may appeal the 19
determination within the time period specified in the bidding 20
documents by presenting additional information to the state or 21
municipality. The state or municipality must consider the additional 22
information before issuing its final determination. If the final 23
determination affirms that the bidder is not responsible, the state 24
or municipality may not execute a contract with any other bidder 25
until two business days after the bidder determined to be not 26
responsible has received the final determination. 27
(((e) If the bidder has a history of receiving monetary penalties 28
for not achieving the apprentice utilization requirements pursuant to 29
RCW 39.04.320, or is habitual in utilizing the good faith effort 30
exception process, the bidder must submit an apprenticeship 31
utilization plan within ten business days immediately following the 32
notice to proceed date.33
(4))) (5) The capital projects advisory review board created in 34
RCW 39.10.220 shall develop suggested guidelines to assist the state 35
and municipalities in developing supplemental bidder responsibility 36
criteria. The guidelines must be posted on the board's website.37
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NEW SECTION. Sec. 2. This act takes effect July 1, 2026.1
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