"NEW SECTION.  Sec. 1   A new section is added to chapter 28B.20 RCW to read as follows:
     (1) The board of regents may enter into any number of contracts with one or more persons, companies, or entities for the planning, design, renovation, erection, remodeling, demolition, or construction of university buildings and facilities, or improvements thereto, using a small works roster process for projects with an estimated cost of up to one million dollars, and a design-build process or general contractor-construction manager process for projects with an estimated cost in excess of one million dollars. Such contract or contracts shall be awarded after public notice and under such requirements and procedures as shall be established by the board of regents, to the person or persons able to perform on the most advantageous terms. The requirements and procedures established by the board of regents may include but are not limited to: (a) Setting the dollar amount for self performance of work by the general contractor; (b) setting the schedule for establishing the maximum allowable construction cost; and (c) establishing the process for selection of subcontractors. This authority shall apply only when the revenue source for the cost of the planning, design, renovation, erection, remodeling, demolition, or construction of the buildings and facilities, or improvements thereto, is provided with federal assistance funds, research grants, patient revenues, gift funding, housing revenues, and parking revenues. The board of regents does not have the power to enter into any contract that binds the board of regents to pay out any sum of money in excess of the amount provided for said purpose. The requirements of chapters 39.08, 39.12, and 60.28 RCW apply to work completed under this authority. If the board of regents chooses to exercise the authority granted under this chapter, provisions included in chapter 39.10 RCW and RCW 39.04.155(1) do not apply.
     (2) Whenever the revenue source for a public works project is provided with federal assistance funds, research grants, patient revenues, gift funding, housing revenues, and parking revenues, the University of Washington may, before asking for bids, require from any person, firm, company, or corporation, interested in bidding, answers to questions contained in a standard form of questionnaire, including a complete statement of the financial ability and experience of the person, firm, company, or corporation and that of any proposed subcontractor. The completed questionnaire shall be sworn to before a notary public or other person authorized to take acknowledgment of deeds, and shall be submitted at such time as the University of Washington may require. Whenever the University of Washington is not satisfied with the sufficiency of the answers contained in a completed questionnaire or whenever the University of Washington determines that the person, firm, company, corporation, or subcontractor does not meet all of the requirements in this section, that person, firm, corporation, or subcontractor shall be disqualified from bidding. In order to be qualified to bid, a person, firm, corporation, or subcontractor shall have:
     (a) Adequate financial resources or the ability to secure such resources;
     (b) The necessary experience, organization, and technical qualifications to perform the proposed contract;
     (c) The ability to comply with the required performance schedule taking into consideration all of its existing business commitments;
     (d) A satisfactory record of performance, integrity, judgment, and skills; and
     (e) Otherwise been qualified and eligible to receive an award under applicable laws and rules.
     A contractor may appeal the university's determination that the contractor does not meet the qualifications' criteria to bid on a project. Appeals must be made in writing and submitted to the board within seven days. The board shall resolve an appeal within forty-five days of receipt of the appeal and shall send a written determination of its decision to the party making the appeal.
     (3) The University of Washington shall report on the status and performance of capital projects that are performed with federal assistance funds, research grants, patient revenues, gift funding, housing revenues, and parking revenues to the appropriate fiscal and policy committees of the legislature annually on the use of the funds for these projects, the status of the projects, any changes in revenues from the fund sources, and women and minority business utilization on the projects.
     (4) This section expires June 30, 2015.

Sec. 2   RCW 28B.20.140 and 1969 ex.s. c 223 s 28B.20.140 are each amended to read as follows:
     (1) The board of regents shall enter into such contracts with one or more contractors for the erection and construction of university buildings or improvements thereto as in their judgment shall be deemed for the best interest of the university; subject to subsections (2) and (3) of this section, such contract or contracts shall be let after public notice and under such regulations as shall be established by said board or as otherwise provided by law to the person or persons able to perform the same on the most advantageous terms: PROVIDED, That in all cases said board shall require from contractors a good and sufficient bond for the faithful performance of the work, and the full protection of the state against mechanics' and other liens: AND PROVIDED FURTHER, That the board shall not have the power to enter into any contract for the erection of any buildings or improvements which shall bind said board to pay out any sum of money in excess of the amount provided for said purpose.
     (2) Except as provided under section 1 of this act, the board of regents must comply with the requirements of chapter 39.10 RCW when using any alternative contracting procedure authorized pursuant to chapter 39.10 RCW.
     (3) Except as provided under section 1 of this act, prior to adoption of any alternative public works contracting procedure not authorized in chapter 39.10 RCW, the board of regents must submit the proposed contracting procedure to the capital projects advisory review board established under chapter 39.10 RCW for evaluation and approval pursuant to RCW 39.10.230. Final adoption and use of any alternative public works contracting procedure is contingent on approval by the capital projects advisory review board.

NEW SECTION.  Sec. 3   A new section is added to chapter 28B.30 RCW to read as follows:
     (1) The board of regents may enter into any number of contracts with one or more persons, companies, or entities for the planning, design, renovation, erection, remodeling, demolition, or construction of university buildings and facilities, or improvements thereto, using a small works roster process for projects with an estimated cost of up to one million dollars, and a design-build process or general contractor-construction manager process for projects with an estimated cost in excess of one million dollars. Such contract or contracts shall be awarded after public notice and under such requirements and procedures as shall be established by the board of regents, to the person or persons able to perform on the most advantageous terms. The requirements and procedures established by the board of regents may include but are not limited to: (a) Setting the dollar amount for self performance of work by the general contractor; (b) setting the schedule for establishing the maximum allowable construction cost; and (c) establishing the process for selection of subcontractors. This authority shall apply only when the revenue source for the cost of the planning, design, renovation, erection, remodeling, demolition, or construction of the buildings and facilities, or improvements thereto, is provided with federal assistance funds, research grants, patient revenues, gift funding, housing revenues, and parking revenues. The board of regents does not have the power to enter into any contract that binds the board of regents to pay out any sum of money in excess of the amount provided for said purpose. The requirements of chapters 39.08, 39.12, and 60.28 RCW apply to work completed under this authority. If the board of regents chooses to exercise the authority granted under this chapter, provisions included in chapter 39.10 RCW and RCW 39.04.155(1) do not apply.
     (2) Whenever the revenue source for a public works project is provided with federal assistance funds, research grants, patient revenues, gift funding, housing revenues, and parking revenues, Washington State University may, before asking for bids, require from any person, firm, company, or corporation, interested in bidding, answers to questions contained in a standard form of questionnaire, including a complete statement of the financial ability and experience of the person, firm, company, or corporation and that of any proposed subcontractor. The completed questionnaire shall be sworn to before a notary public or other person authorized to take acknowledgment of deeds, and shall be submitted at such time as Washington State University may require. Whenever Washington State University is not satisfied with the sufficiency of the answers contained in a completed questionnaire or whenever Washington State University determines that the person, firm, company, corporation, or subcontractor does not meet all of the requirements in this section, that person, firm, corporation, or subcontractor shall be disqualified from bidding. In order to be qualified to bid, a person, firm, corporation, or subcontractor shall have:
     (a) Adequate financial resources or the ability to secure such resources;
     (b) The necessary experience, organization, and technical qualifications to perform the proposed contract;
     (c) The ability to comply with the required performance schedule taking into consideration all of its existing business commitments;
     (d) A satisfactory record of performance, integrity, judgment, and skills; and
     (e) Otherwise been qualified and eligible to receive an award under applicable laws and rules.
     A contractor may appeal the university's determination that the contractor does not meet the qualifications criteria to bid on a project. Appeals must be made in writing and submitted to the board within seven days. The board shall resolve an appeal within forty-five days of receipt of the appeal and shall send a written determination of its decision to the party making the appeal.
     (3) Washington State University shall report on the status and performance of capital projects that are performed with federal assistance funds, research grants, patient revenues, gift funding, housing revenues, and parking revenues to the appropriate fiscal and policy committees of the legislature annually on the use of the funds for these projects, the status of the projects, any changes in revenues from the fund sources, and women and minority business utilization on the projects.
     (4) This section expires June 30, 2015.

Sec. 4   RCW 28B.30.700 and 1985 c 390 s 41 are each amended to read as follows:
     (1) The board of regents of Washington State University is empowered, in accordance with the provisions of RCW 28B.30.700 through 28B.30.780, to provide for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of buildings and facilities authorized by the legislature, subject to subsections (2) and (3) of this section, for the use of the university and to finance the payment thereof by bonds payable out of a special fund from revenues hereafter derived from the payment of building fees, gifts, bequests or grants, and such additional funds as the legislature may provide.
     (2) Except as provided in section 1 of this act, the board of regents must comply with the requirements of chapter 39.10 RCW when using any alternative contracting procedure authorized pursuant to chapter 39.10 RCW.
     (3) Except as provided in section 1 of this act, prior to adoption of any alternative public works contracting procedure not authorized in chapter 39.10 RCW, the board of regents must submit the proposed contracting procedure to the capital projects advisory review board established under chapter 39.10 RCW for evaluation and approval pursuant to RCW 39.10.230. Final adoption and use of any alternative public works contracting procedure is contingent on approval by the capital projects advisory review board.

Sec. 5   RCW 39.10.200 and 2007 c 494 s 1 are each amended to read as follows:
     The legislature finds that the traditional process of awarding public works contracts in lump sum to the lowest responsible bidder is a fair and objective method of selecting a contractor. However, under certain circumstances, alternative public works contracting procedures may best serve the public interest if such procedures are implemented in an open and fair process based on objective and equitable criteria. The purpose of this chapter is to authorize the use of certain supplemental alternative public works contracting procedures, to prescribe appropriate requirements to ensure that such contracting procedures serve the public interest, and to establish a process for evaluation of such contracting procedures. It is the intent of the legislature to establish that, unless otherwise specifically provided for in law, including section 1 of this act, public bodies may use only those alternative public works contracting procedures either specifically authorized in this chapter, subject to the requirements of this chapter, or those approved for use on a demonstration project by the capital projects advisory review board.

Sec. 6   RCW 39.10.230 and 2009 c 75 s 1 are each amended to read as follows:
     The board has the following powers and duties:
     (1) Develop and recommend to the legislature policies to further enhance the quality, efficiency, and accountability of capital construction projects through the use of traditional and alternative delivery methods in Washington, and make recommendations regarding expansion, continuation, elimination, or modification of the alternative public works contracting methods;
     (2) Evaluate the use of existing contracting procedures ((and potential future use of));
     (3) Evaluate other alternative contracting procedures including competitive negotiation contracts for: (a) Potential future use; and (b) approval to use as a demonstration project;
     (4) Submit a report to the appropriate committees of the legislature evaluating any alternative contracting procedure that is not authorized under this chapter and has been submitted to the board for its review or approval. The report must:
     (a) Include a recommendation regarding use of the alternative contracting procedure by other public bodies; and
     (b) Be submitted by December of the next regular legislative session following completion of the evaluation;
     (((3))) (5) Develop guidelines to be used by the committee for the review and approval of design-build demonstration projects that procure operations and maintenance services;
     (((4))) (6) Appoint members of the committee; and
     (((5))) (7) Develop and administer questionnaires designed to provide quantitative and qualitative data on alternative public works contracting procedures on which evaluations are based.

Sec. 7   RCW 39.10.210 and 2007 c 494 s 101 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Alternative public works contracting procedure" means the design-build, general contractor/construction manager, and job order contracting procedures authorized in RCW 39.10.300, 39.10.340, and 39.10.420, respectively. It also means other contracting procedures submitted to the board under RCW 39.10.230 for approval to use as a demonstration project.
     (2) "Board" means the capital projects advisory review board.
     (3) "Committee" means the project review committee.
     (4) "Design-build procedure" means a contract between a public body and another party in which the party agrees to both design and build the facility, portion of the facility, or other item specified in the contract.
     (5) "Total contract cost" means the fixed amount for the detailed specified general conditions work, the negotiated maximum allowable construction cost, and the percent fee on the negotiated maximum allowable construction cost.
     (6) "General contractor/construction manager" means a firm with which a public body has selected and negotiated a maximum allowable construction cost to provide services during the design phase and to act as construction manager and general contractor during the construction phase.
     (7) "Job order contract" means a contract in which the contractor agrees to a fixed period, indefinite quantity delivery order contract which provides for the use of negotiated, definitive work orders for public works as defined in RCW 39.04.010.
     (8) "Job order contractor" means a registered or licensed contractor awarded a job order contract.
     (9) "Maximum allowable construction cost" means the maximum cost of the work to construct the project including a percentage for risk contingency, negotiated support services, and approved change orders.
     (10) "Negotiated support services" means items a general contractor would normally manage or perform on a construction project including, but not limited to surveying, hoisting, safety enforcement, provision of toilet facilities, temporary heat, cleanup, and trash removal.
     (11) "Percent fee" means the percentage amount to be earned by the general contractor/construction manager as overhead and profit.
     (12) "Public body" means any general or special purpose government, including but not limited to state agencies, institutions of higher education, counties, cities, towns, ports, school districts, and special purpose districts.
     (13) "Certified public body" means a public body certified to use design-build or general contractor/construction manager contracting procedures, or both, under RCW 39.10.270.
     (14) "Public works project" means any work for a public body within the definition of "public work" in RCW 39.04.010.
     (15) "Total project cost" means the cost of the project less financing and land acquisition costs.
     (16) "Unit price book" means a book containing specific prices, based on generally accepted industry standards and information, where available, for various items of work to be performed by the job order contractor. The prices may include: All the costs of materials; labor; equipment; overhead, including bonding costs; and profit for performing the items of work. The unit prices for labor must be at the rates in effect at the time the individual work order is issued.
     (17) "Work order" means an order issued for a definite scope of work to be performed pursuant to a job order contract.

NEW SECTION.  Sec. 8   The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2014:
     (1) RCW 39.10.200 (Finding -- Purpose) and section 5 of this act, 2007 c 494 s 1, & 1994 c 132 s 1;
     (2) RCW 39.10.210 (Definitions) and section 7 of this act, 2007 c 494 s 101, & 2005 c 469 s 3;
     (3) RCW 39.10.220 (Board -- Membership -- Vacancies) and 2007 c 494 s 102 & 2005 c 377 s 1;
     (4) RCW 39.10.230 (Board -- Powers and duties) and section 6 of this act, 2009 c 75 s 1, 2007 c 494 s 103, & 2005 c 377 s 2;
     (5) RCW 39.10.240 (Project review committee -- Creation -- Members) and 2007 c 494 s 104;
     (6) RCW 39.10.250 (Project review committee -- Duties) and 2009 c 75 s 2 & 2007 c 494 s 105;
     (7) RCW 39.10.260 (Project review committee -- Meetings -- Open and public) and 2007 c 494 s 106;
     (8) RCW 39.10.270 (Project review committee -- Certification of public bodies) and 2009 c 75 s 3 & 2007 c 494 s 107;
     (9) RCW 39.10.280 (Project review committee -- Project approval process) and 2007 c 494 s 108;
     (10) RCW 39.10.290 (Appeal process) and 2007 c 494 s 109;
     (11) RCW 39.10.300 (Design-build procedure -- Uses) and 2009 c 75 s 4 & 2007 c 494 s 201;
     (12) RCW 39.10.320 (Design-build procedure -- Project management and contracting requirements) and 2007 c 494 s 203 & 1994 c 132 s 7;
     (13) RCW 39.10.330 (Design-build contract award process) and 2009 c 75 s 5 & 2007 c 494 s 204;
     (14) RCW 39.10.340 (General contractor/construction manager procedure -- Uses) and 2007 c 494 s 301;
     (15) RCW 39.10.350 (General contractor/construction manager procedure -- Project management and contracting requirements) and 2007 c 494 s 302;
     (16) RCW 39.10.360 (General contractor/construction manager procedure -- Contract award process) and 2009 c 75 s 6 & 2007 c 494 s 303;
     (17) RCW 39.10.370 (General contractor/construction manager procedure -- Maximum allowable construction cost) and 2007 c 494 s 304;
     (18) RCW 39.10.380 (General contractor/construction manager procedure -- Subcontract bidding procedure) and 2007 c 494 s 305;
     (19) RCW 39.10.390 (General contractor/construction manager procedure -- Subcontract work) and 2007 c 494 s 306;
     (20) RCW 39.10.400 (General contractor/construction manager procedure -- Prebid determination of subcontractor eligibility) and 2007 c 494 s 307;
     (21) RCW 39.10.410 (General contractor/construction manager procedure -- Subcontract agreements) and 2007 c 494 s 308;
     (22) RCW 39.10.420 (Job order procedure -- Which public bodies may use -- Authorized use) and 2009 c 75 s 7, 2007 c 494 s 401, & 2003 c 301 s 1;
     (23) RCW 39.10.430 (Job order procedure -- Contract award process) and 2007 c 494 s 402;
     (24) RCW 39.10.440 (Job order procedure -- Contract requirements) and 2007 c 494 s 403;
     (25) RCW 39.10.450 (Job order procedure -- Work orders) and 2007 c 494 s 404;
     (26) RCW 39.10.460 (Job order procedure -- Required information to board) and 2007 c 494 s 405;
     (27) RCW 39.10.470 (Public inspection of certain records--Protection of trade secrets) and 2005 c 274 s 275 & 1994 c 132 s 10;
     (28) RCW 39.10.480 (Construction of chapter -- Waiver of other limits and requirements) and 1994 c 132 s 9;
     (29) RCW 39.10.490 (Application of chapter) and 2007 c 494 s 501 & 2001 c 328 s 5;
     (30) RCW 39.10.500 (Exemptions) and 2007 c 494 s 502;
     (31) RCW 39.10.510 (Previously advertised projects) and 2007 c 494 s 503;
     (32) RCW 39.10.900 (Captions not law -- 1994 c 132) and 1994 c 132 s 13;
     (33) RCW 39.10.901 (Severability -- 1994 c 132) and 1994 c 132 s 14;
     (34) RCW 39.10.903 (Part headings and captions not law -- 2007 c 494) and 2007 c 494 s 510;
     (35) RCW 39.10.904 (Effective dates -- 2007 c 494) and 2007 c 494 s 512; and
     (36) RCW 39.10.905 (Severability -- 2007 c 494) and 2007 c 494 s 513."