Background:

Job Order Contracting.

Certain public bodies, including counties and cities meeting specific population thresholds, are authorized to use a job order contract process for public works projects. To utilize this process, the public body must, in part, determine that the use of job order contracts will benefit the public by reducing the time and costs for the construction of public works projects for repair and renovation at public facilities.

Provisions governing the job order contract process for public works projects include numerous definitions and concepts that guide state and local public bodies in implementing its authorizations. For example:

"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;
"public work" means, in part, all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property therein; and
"public works project" means any work for a public body within the definition of "public work."

Job order contracts are awarded through a competitive process using public requests for proposals. The public body using the job order contract process must establish a committee to evaluate submitted proposals and, subject to numerous requirements, select a successful proposal. Job order contracts may be executed for an initial contract term of two years or less, with the option of extending or renewing the job order contract for one year. Public bodies are generally prohibited from having more than two job order contracts in effect at any one time.

In general, the maximum total dollar amount that may be awarded under a job order contract for cities and other qualifying public bodies is $4 million dollars per year for a maximum of three years. However, the maximum total dollar amount that may be awarded under a job order contract for counties with more than 1 million residents is $6 million dollars per year for a maximum of three years.

The Washington Sunset Act, Application to Alternative Public Works Contracting Procedures.

The Washington Sunset Act (Act) establishes a process for program and fiscal reviews by the Joint Legislative Audit and Review Committee (JLARC) of any state entity, program, or law scheduled for termination under the Act. Any state entity, program, or law scheduled for termination may be reestablished by the Legislature for a specified period of time or indefinitely.

Washington's alternative public works contracting procedures, including job order contracting procedures, are scheduled for termination under the Act on June 30, 2022. This program and fiscal review for the alternative public works contracting procedures must be completed, and a preliminary report must be prepared, prior to January 1, 2022. If the sunset review process required by the Act expires before June 30, 2021, the JLARC remains obligated to complete a program and fiscal review by June 30, 2021, with its findings reported to the Office of Financial Management and any affected entities.