WSR 26-15-121 (26-15)

Subject of Possible Rule Making: The Washington state department of transportation (WSDOT) has implemented an emergency WAC change effective August 1, 2026, amending WAC 468-16-030 and 468-16-140. WAC 468-16-030 defines terms related to prequalification of contractors and establishes the capacity multiplier as a number between 5 and 7.5. This change will increase those multipliers to a number between 7.5 and 12.5.

WAC 468-16-140 establishes the criteria for adjusting the maximum capacity rating annually. This change redefines the initial capacity multiplier as 7.5 instead of 5 and the final capacity multiplier as 12.5 instead of 7.5 with a potential increase of 1 point annually, up from .5 annually in the current rule. This rule making would make the recent emergency filing permanent.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WSDOT's multiplication factor and maximum capacity calculation have not been updated and have not kept pace with inflation. WSDOT has an upcoming contract for replacement of the I-5 bridge between Washington and Oregon. Based on the current rule, there are not companies that qualify for a contract of this size. Updating these multiplication factors will ensure that there are prequalified contractors large enough to take on this contract, as well as future large contracts.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: WSDOT has been approved to use our prequalification process on federally funded contracts. As part of this update, we will be seeking Federal Highway Administration approval for this change.

Process for Developing New Rule: Agency study; and WSDOT welcomes you to participate in the rule-making process. If you are interested, please contact the staff person identified below. When we file a proposal with the office of the code reviser, you will be sent this proposal and given an opportunity to comment.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jenna Kemp, P.O. Box 47360, Olympia, WA 98504-7360, phone 360-888-7045, fax 360-705-6810, email kempj@wsdot.wa.gov, website https://wsdot.wa.gov/business-wsdot/contracts.