Fiscal Note — 5268 S SB, Public Works Procurement (Washington)

Summary

Fiscal note for 5268 S SB, Public works procurement, consisting of a multiple agency fiscal note summary and individual state agency fiscal notes, including one from 103-Department of Commerce. The Commerce note states that Section 14(2) directs the Department of Commerce, through the Municipal Research and Services Center (MRSC), to develop a small works roster by June 30, 2024. It states that Section 14(3) directs the department to provide funding to MRSC to maintain and publicize a small works roster. A local government fiscal note states that the legislation would have no revenue impacts for local governments.

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Full text

Multiple Agency Fiscal Note Summary
Bill Number: 5268 S SB Title: Public works procurement

Estimated Cash Receipts
Agency Name 2023-25 2025-27 2027-29
GF-State NGF-Outlook Total GF-State NGF-Outlook Total GF-State NGF-Outlook Total
Office of Minority Non-zero but indeterminate cost and/or savings. Please see discussion.
and Women's
Business Enterprises

Total $ 0 0 0 0 0 0 0 0 0

Agency Name 2023-25 2025-27 2027-29
GF- State Total GF- State Total GF- State Total
Local Gov. Courts
Loc School dist-SPI Fiscal note not available

Local Gov. Other No fiscal impact

Local Gov. Total

Estimated Operating Expenditures

FNPID 66863
:
FNS029 Multi Agency rollup
Agency Name 2023-25 2025-27 2027-29
FTEs GF-State NGF-Outlook Total FTEs GF-State NGF-Outlook Total FTEs GF-State NGF-Outlook Total
Department of .2 1,466,536 1,466,536 1,466,536 .2 948,688 948,688 948,688 .2 1,002,568 1,002,568 1,002,568
Commerce
Office of Minority 4.0 1,069,316 1,069,316 1,069,316 4.0 909,316 909,316 909,316 4.0 909,316 909,316 909,316
and Women's
Business
Enterprises
Department of .0 0 0 0 .0 0 0 0 .0 0 0 0
Enterprise Services
Department of Fiscal note not available
Labor and
Industries
Department of 1.0 273,000 273,000 273,000 1.0 270,000 270,000 270,000 1.0 270,000 270,000 270,000
Veterans Affairs
University of .0 0 0 0 .0 0 0 0 .0 0 0 0
Washington
Washington State .0 0 0 0 .0 0 0 0 .0 0 0 0
University
Eastern .0 0 0 0 .0 0 0 0 .0 0 0 0
Washington
University
Central Washington .0 0 0 0 .0 0 0 0 .0 0 0 0
University
The Evergreen .0 0 0 0 .0 0 0 0 .0 0 0 0
State College
Western .0 0 0 0 .0 0 0 0 .0 0 0 0
Washington
University
Department of .2 0 0 22,000 .2 0 0 22,000 .2 0 0 22,000
Transportation
State Parks and .0 0 0 0 .0 0 0 0 .0 0 0 0
Recreation
Commission
Department of Fish .0 0 0 0 .0 0 0 0 .0 0 0 0
and Wildlife
Department of .0 0 0 0 .0 0 0 0 .0 0 0 0
Natural Resources
Community and .0 0 0 0 .0 0 0 0 .0 0 0 0
Technical College
System

Total $ 5.4 2,808,852 2,808,852 2,830,852 5.4 2,128,004 2,128,004 2,150,004 5.4 2,181,884 2,181,884 2,203,884

Agency Name 2023-25 2025-27 2027-29
FTEs GF-State Total FTEs GF-State Total FTEs GF-State Total
Local Gov. Courts
Loc School dist-SPI Fiscal note not available

Local Gov. Other No fiscal impact

Local Gov. Total

Estimated Capital Budget Expenditures

FNPID 66863
:
FNS029 Multi Agency rollup
Agency Name 2023-25 2025-27 2027-29
FTEs Bonds Total FTEs Bonds Total FTEs Bonds Total
Department of Commerce .0 0 0 .0 0 0 .0 0 0
Office of Minority and .0 0 0 .0 0 0 .0 0 0
Women's Business
Enterprises
Department of Enterprise .0 0 0 .0 0 0 .0 0 0
Services
Department of Labor and Fiscal note not available
Industries
Department of Veterans .0 0 0 .0 0 0 .0 0 0
Affairs
University of Washington .0 0 0 .0 0 0 .0 0 0
Washington State .0 0 0 .0 0 0 .0 0 0
University
Eastern Washington .0 0 0 .0 0 0 .0 0 0
University
Central Washington .0 0 0 .0 0 0 .0 0 0
University
The Evergreen State .0 0 0 .0 0 0 .0 0 0
College
Western Washington .0 0 0 .0 0 0 .0 0 0
University
Department of .0 0 0 .0 0 0 .0 0 0
Transportation
State Parks and .0 0 0 .0 0 0 .0 0 0
Recreation Commission
Department of Fish and .0 0 0 .0 0 0 .0 0 0
Wildlife
Department of Natural .0 0 0 .0 0 0 .0 0 0
Resources
Community and Technical .0 0 0 .0 0 0 .0 0 0
College System

Total $ 0.0 0 0 0.0 0 0 0.0 0 0

Agency Name 2023-25 2025-27 2027-29
FTEs GF-State Total FTEs GF-State Total FTEs GF-State Total
Local Gov. Courts
Loc School dist-SPI Fiscal note not available

Local Gov. Other No fiscal impact

Local Gov. Total

Estimated Capital Budget Breakout

FNPID 66863
:
FNS029 Multi Agency rollup
Prepared by: Cheri Keller, OFM Phone: Date Published:
(360) 584-2207 Preliminary 2/13/2023

FNPID 66863
:
FNS029 Multi Agency rollup
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 103-Department of Commerce

Part I: Estimates
No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
FY 2024 FY 2025 2023-25 2025-27 2027-29
FTE Staff Years 0.2 0.2 0.2 0.2 0.2
Account
General Fund-State 001-1 732,744 733,792 1,466,536 948,688 1,002,568
Total $ 732,744 733,792 1,466,536 948,688 1,002,568

Estimated Capital Budget Impact:

NONE

The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
and alternate ranges (if appropriate), are explained in Part II.

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
X
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Buck Lucas Phone: 360-725-3180 Date: 02/06/2023
Agency Approval: Jason Davidson Phone: 360-725-5080 Date: 02/06/2023
OFM Review: Gwen Stamey Phone: (360) 790-1166 Date: 02/06/2023

Form FN (Rev 1/00) 182,107.00 Request # 154-600-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

Differences between the substitute bill and the original bill:

This amendment would not change the department's assumptions or expected cost impacts.

• Clarifies small, minority, women and veteran-owned businesses throughout the proposed legislation.
• Section 14 clarifies the Municipal Research and Services Center, rather than program.

Summary of the substitute bill:

Section 14(2) directs the Department of Commerce (department), through the Municipal Research and Services Center
(MRSC), to develop a small works roster by June 30, 2024. the department must provide funding to MRSC as appropriated
to form and operate the small works roster.

Section 14(3) directs the department to provide funding to MRSC to maintain and publicize a small works roster and work
with MRSC to notify state and local governments authorized to use small works rosters of the statewide roster authority
and to provide guidance on how to use it. The guidance may take the form of a manual provided to local governments.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

II. C - Expenditures
Agency expenditures necessary to implement this legislation (or savings resulting from this legislation), with the provisions of the legislation that result in
the expenditures (or savings) identified by section number. Description of the factual basis of the assumptions and the method by which the expenditure
impact is derived. Explanation of how workload assumptions translate into cost estimates. Distinguished between one time and ongoing functions.

Section 14 directs the department, through the Municipal Research and Services Center (MRSC), to develop a statewide
small works roster by June 24, 2024. The department is further directed to provide funding for MRSC to maintain and
publicize the small works roster, to work with MRSC to notify state and local governments about the statewide roster, and
to provide guidance on how to use the authority.

Assumptions:

• The Department of Enterprise Services (DES) estimates that a subcommittee with participants from the department and
other agencies will establish the rules necessary to meet the requirements established by the bill. DES estimates the
subcommittee will meet 20 times for two hours, for an annual total of 40 hours.

• The department manages pass-through funding for MRSC and assumes that the legislation would result in an additional
contract with MRSC. The department assumes the work to participate on the subcommittee led by DES will be performed
by existing staff.

• During fiscal years 2024 and 2025, MRSC estimates it would hire two additional full-time staff to convert the Convert
Small Works Roster from “fee-based” to “pass-through based." Two additional full-time staff would be required to manage
the expansion of the program statewide. Upgrades and modifications to software programming would be done through
contracted services. Both new and existing MRSC staff would conduct stakeholder involvement meetings, conduct
trainings, analyze data, and respond to requests from stakeholders.

Public works procurement 103-Department of Commerce
Form FN (Rev 1/00) 182,107.00 Request # 154-600-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
• During fiscal years 2026 through 2029, MRSC estimates that four full-time staff would be required to manage the
statewide program. Both new and existing MRSC staff would respond to requests from stakeholders, lead stakeholder
involvement work, and participate in efforts for continuous improvement.

To manage the contract, participate in the workgroup, coordinate with MRSC and other key stakeholders, the department
estimates the following will be needed:

0.20 FTE Commerce Specialist 4 (416 hours) in FY24 and FY25 and 0.15 FTE (312 hours) in FY26 through FY29 for the
MRSC Contract Manager to manage the contract and assist with the coordination between MRSC, state agencies, local
governments, and businesses, including to manage the contract and assist with continued stakeholder involvement activities.

Salary and Benefits:

FY24: $23,195
FY25: $23,983
FY26-FY29: $17,987 per fiscal year

Professional Service Contracts:
Contract with MRSC:

FY24-FY25: $700,000 per fiscal year to convert the small works roster and manage the statewide program
FY26-FY27: $449,000 per fiscal year for ongoing management of the statewide program
FY28-FY29: $475,940 per fiscal year for ongoing management of the statewide program

Goods and Services:

FY24: $1,918
FY25: $1,919
FY26-FY29: $1,439 per fiscal year

Intra-Agency Reimbursements:

FY24: $7,631
FY25: $7,890
FY26-FY29: $5,918 per fiscal year

Note: Standard goods and services costs include supplies and materials, employee development and training, central
services charges and agency administration. Intra-agency-agency administration costs (e.g., payroll, HR, IT) are funded
under a federally approved cost allocation plan.

=======================================
Total Cost:

FY24: $732,744
FY25: $733,792
FY26-FY27: $474,344 per fiscal year
FY28-FY29: $501,284 per fiscal year

Public works procurement 103-Department of Commerce
Form FN (Rev 1/00) 182,107.00 Request # 154-600-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title Type FY 2024 FY 2025 2023-25 2025-27 2027-29
001-1 General Fund State 732,744 733,792 1,466,536 948,688 1,002,568
Total $ 732,744 733,792 1,466,536 948,688 1,002,568

III. B - Expenditures by Object Or Purpose
FY 2024 FY 2025 2023-25 2025-27 2027-29
FTE Staff Years 0.2 0.2 0.2 0.2 0.2
A-Salaries and Wages 17,242 17,760 35,002 26,640 26,640
B-Employee Benefits 5,953 6,223 12,176 9,334 9,334
C-Professional Service Contracts 700,000 700,000 1,400,000 898,000 951,880
E-Goods and Other Services 1,918 1,919 3,837 2,878 2,878
G-Travel
J-Capital Outlays
M-Inter Agency/Fund Transfers
N-Grants, Benefits & Client Services
P-Debt Service
S-Interagency Reimbursements
T-Intra-Agency Reimbursements 7,631 7,890 15,521 11,836 11,836
9-
Total $ 732,744 733,792 1,466,536 948,688 1,002,568

III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
Part I and Part IIIA

Job Classification Salary FY 2024 FY 2025 2023-25 2025-27 2027-29
Administrative Services - Indirect 111,168 0.0 0.0 0.0 0.0 0.0
Commerce Specialist 4 86,212 0.2 0.2 0.2 0.2 0.2
Total FTEs 0.2 0.2 0.2 0.2 0.2

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Public works procurement 103-Department of Commerce
Form FN (Rev 1/00) 182,107.00 Request # 154-600-1
FNS063 Individual State Agency Fiscal Note 4 Bill # 5268 S SB
Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 103-Department of Commerce
Form FN (Rev 1/00) 182,107.00 Request # 154-600-1
FNS063 Individual State Agency Fiscal Note 5 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 147-Office of Minority and
Women's Business
Enterprises

Part I: Estimates
No Fiscal Impact

Estimated Cash Receipts to:
Non-zero but indeterminate cost and/or savings. Please see discussion.

Estimated Operating Expenditures from:
FY 2024 FY 2025 2023-25 2025-27 2027-29
FTE Staff Years 4.0 4.0 4.0 4.0 4.0
Account
General Fund-State 001-1 539,658 529,658 1,069,316 909,316 909,316
Total $ 539,658 529,658 1,069,316 909,316 909,316

Estimated Capital Budget Impact:

NONE

Capital budget impact, complete Part IV.

X Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Paul Bitar Phone: 360-407-8129 Date: 02/07/2023
Agency Approval: Paul Bitar Phone: 360-407-8129 Date: 02/07/2023
OFM Review: Amy Hatfield Phone: (360) 280-7584 Date: 02/08/2023

Form FN (Rev 1/00) 182,312.00 Request # 1475268SSB-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

This bill will create a new state certification program for small businesses provided by the Office of Minority and Women’s
Business Enterprises (OMWBE). The costs reported for this fiscal note will include what the agency would need to
implement a new small business certification program.

Section 2(7) adds the new definition for small business, and Section 3(7) shows that the agency will need to work on
rulemaking to develop a state small business program, and maintenance of a central minority and women’s business
enterprise certification program and a public works small business certification program. Therefore, the fiscal note
assumption is that four additional staff will be needed for the implementation of this new program. OMWBE foresees the
need for an FTE to set direction for the new unit and provide performance management to ensure fair and consistent
processing of applications. This FTE will also be working on rulemaking for the certification criteria. Two FTEs will be
needed to process complex certification applications in accordance with rules and will be conducting outreach to share
information about certification and will provide technical assistance to businesses. One more FTE will be needed for
reviewing completeness of certification applications and will be responsible for assigning applications to certification
analysts. Furthermore, this FTE will manage the renewal process, and customer service calls as well as providing direct
support to businesses seeking certification. The agency requests funding for the IT costs related to implementing a new
certification program, as well as policy development and research, and maintenance funding for the annual fees associated
with the new certification application from our IT vendor.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

One (1) Management Analyst 5 – Day to day supervision of two certification analysts. Sets direction for the unit, manages
performance, and ensures fair and consistent processing of applications. Establishes rules for certification criteria.
Salary (Object A): $91,524/year
Benefits (Object B): $30,491/year

Two (2) Management Analyst 4s – Processes complex certification applications in accordance with rules and conducts
outreach to share information about certification and the benefits. Provides technical assistance to businesses seeking
certification.
Salary (Object A): $82,896/year x 2 employees = $165,792/year
Benefits (Object B): $28,934/year x 2 employees = $ 57,868/year

One (1) Customer Service Specialist 2 – Intakes certification applications, reviews for completeness, and assigns
applications to certification analysts. Manages the renewal process including sending renewal notices and reminders and
removing businesses that do not respond from the directory. Inputs required data into various databases and triages
customer service calls as well as provides direct support to businesses seeking certification.
Salary (Object A): $46,980/year
Benefits (Object B): $22,455/year

Implementation costs - This includes IT costs to create a new application, PM and Business Lead to manage the IT

Public works procurement 147-Office of Minority and Women's Business Enterprise
Form FN (Rev 1/00) 182,312.00 Request # 1475268SSB-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
implementation, rules coordination to establish a new certification program, and policy development and research.
(Object C): $150,000

Maintenance costs - This includes annual fees associated with a new certification application from our IT vendor.
(Object E): $10,000/year

Additional Costs:
- Employee related goods and services (Object E): $6,137/year x 4 employees: $24,548/year
*Cell phone service, internet, desktop support, supplies, software licenses, and training
- Travel (Object G): $1,250/year x 4 employees = $5,000/year
- Equipment (cell phones and laptops) (Object J): $2,500/employee (in FY24) x 4 employees = $10,000

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title Type FY 2024 FY 2025 2023-25 2025-27 2027-29
001-1 General Fund State 539,658 529,658 1,069,316 909,316 909,316
Total $ 539,658 529,658 1,069,316 909,316 909,316

III. B - Expenditures by Object Or Purpose
FY 2024 FY 2025 2023-25 2025-27 2027-29
FTE Staff Years 4.0 4.0 4.0 4.0 4.0
A-Salaries and Wages 304,296 304,296 608,592 608,592 608,592
B-Employee Benefits 110,814 110,814 221,628 221,628 221,628
C-Professional Service Contracts 75,000 75,000 150,000
E-Goods and Other Services 34,548 34,548 69,096 69,096 69,096
G-Travel 5,000 5,000 10,000 10,000 10,000
J-Capital Outlays 10,000 10,000
M-Inter Agency/Fund Transfers
N-Grants, Benefits & Client Services
P-Debt Service
S-Interagency Reimbursements
T-Intra-Agency Reimbursements
9-
Total $ 539,658 529,658 1,069,316 909,316 909,316

III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
Part I and Part IIIA

Job Classification Salary FY 2024 FY 2025 2023-25 2025-27 2027-29
Customer Service Specialist 2 46,980 1.0 1.0 1.0 1.0 1.0
Management Analyst 4 82,896 2.0 2.0 2.0 2.0 2.0
Management Analyst 5 91,524 1.0 1.0 1.0 1.0 1.0
Total FTEs 4.0 4.0 4.0 4.0 4.0

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

Public works procurement 147-Office of Minority and Women's Business Enterprise
Form FN (Rev 1/00) 182,312.00 Request # 1475268SSB-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Rules will need to be added to Title 326 WAC to establish a new small business certification program.

Bill Number: 5268 S SB Title: Public works procurement Agency: 179-Department of Enterprise
Services

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Becky Guyer Phone: (360) 407-9254 Date: 02/07/2023
Agency Approval: Ashley Howard Phone: (360) 407-8159 Date: 02/07/2023
OFM Review: Cheri Keller Phone: (360) 584-2207 Date: 02/07/2023

Form FN (Rev 1/00) 182,117.00 Request # -1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

This substitute bill rewords "women, minority, and veteran-owned business and small business entities" to "small. minority,
women, and veteran-owned businesses".

Sec. 2 amends RCW 39.04.010 and adds definitions for “Authorized local government”, “small business” and “state
agency.”

Sec. 3 amends RCW 39.19.030 adding the public works small business certification program.

Sec. 4 amends RCW 39.10.200 to allow for alternative public works contracting to provide increased access to contracting
opportunities for small, minority, women, and veteran-owned businesses.

Sec. 5 removes the term disadvantaged business enterprise.

Sec. 6-13 Replaces the term disadvantaged business enterprises with "small, minority, women, and veteran-owned
businesses".

Sec. 14 is a new section that allows state agencies and "authorized local governments" to use a statewide small works
roster through the municipal research and services center (MRSC) or to create their own for specialty work. The MRSC
and other agencies must include the procedures adopted by DES in section 14 (4).

Sec. 15 is a new section that describes the process for awarding contracts through the small works roster. Section 15(4)
requires DES to develop templates and bid invitations, for use by state agencies, authorized local governments and
contractors. These tools must be available on the DES public facing webpage. The development of these templates can be
done through routine business processes, therefore, no fiscal impact.

Sec. 16 Requires the Capital Project Advisory Review Board (CPARB) to review cost escalation data, industry publications
and roster utilization every five years and make recommendations to the appropriate committees of the legislature on
adjustments to contracting thresholds described in section 15. The first review should occur in 2025. This works can be
completed within the routine business processes of CPARB, therefore no fiscal impact.

Sec. 28 is updated to remove outdated reporting requirements and other language cleanup.

Sec. 29 amends RCW 39.12.040 increasing the contracting threshold authorized in this section from $2,500 or less to $5,000
or less.

Sec. 37 is a new section that repeals 39.04.155 and 39.04.156.

Sec. 38 is a new section that adds sections 14 through 16 to RCW 39.04.

Sec. 39 Act takes effect July 1, 2024, except for sections 31 and 35.

Sec. 40 is a new section that states sections 31 and 35 take effect July 1, 2023.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

Public works procurement 179-Department of Enterprise Services
Form FN (Rev 1/00) 182,117.00 Request # -1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
II. C - Expenditures
Agency expenditures necessary to implement this legislation (or savings resulting from this legislation), with the provisions of the legislation that result in
the expenditures (or savings) identified by section number. Description of the factual basis of the assumptions and the method by which the expenditure
impact is derived. Explanation of how workload assumptions translate into cost estimates. Distinguished between one time and ongoing functions.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 179-Department of Enterprise Services
Form FN (Rev 1/00) 182,117.00 Request # -1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 305-Department of Veterans
Affairs

Part I: Estimates
No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
FY 2024 FY 2025 2023-25 2025-27 2027-29
FTE Staff Years 1.0 1.0 1.0 1.0 1.0
Account
General Fund-State 001-1 138,000 135,000 273,000 270,000 270,000
Total $ 138,000 135,000 273,000 270,000 270,000

Estimated Capital Budget Impact:

NONE

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Troy Cerny Phone: 3607252661 Date: 02/08/2023
Agency Approval: Troy Cerny Phone: 3607252661 Date: 02/08/2023
OFM Review: Breann Boggs Phone: (360) 485-5716 Date: 02/08/2023

Form FN (Rev 1/00) 181,773.00 Request # 305-23-017-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

No change in fiscal impact from the previous version.

The substitute bill more explicitly delineates the inclusion of small businesses as a target group in the bill, along with women,
minority, and veteran-owned businesses.

Section 4 generates fiscal impact to Washington State Department of Veterans Affairs (WDVA) by requiring the agency to
maintain an active current registry of certified Veteran-owned businesses (VOB).

Sections 10, 12, and 13 generate fiscal impact to WDVA by requiring the agency to review and evaluate prime contractor
“inclusion plans”.

Sections 14 and 15 generate fiscal impact to WDVA by requiring the agency to add and maintain a small business
sub-designation within WDVA’s VOB Certification program.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

Section 4 calls for supplemental alternative public works contracting procedures to “…advance contracting opportunities for
women, minority, and veteran-owned businesses and small business entities…” The bill specifically states, “It is also the
intent of the legislature that inclusion plans required by this chapter may include, with public body approval and to the extent
permitted by law, features to improve access to opportunities, including outreach and mentorship, capital including, modified
payment provisions, training, and other features intended to maximize the participation and success of women, minority, and
veteran-owned businesses and small business entities.”

WDVA Impact Analysis: Most agency contracting and procurement offices are not staffed with subject matter experts
(SMEs) on veteran-owned business (VOB) outreach and inclusion strategies. For most agencies, development of structured
‘inclusion plans’, will require consultation with an external SME. Furthermore, achievement of agency VOB contracting and
procurement targets requires access to current accurate listings of certified VOBs. WDVA received an appropriation for a
VOB Program Specialist. However, this funding expires on June 30, 2023. WDVA does not have the capacity to absorb
the work to assist for agencies to achieve the bill’s legislative requirements for an active current registry of certified
VOB’s, a certified small-business VOB sub-designation, and support to other agencies for developing access strategies and
implementing inclusion and utilization plans.

Section 10 requires agencies to advertise, screen, and select contractors based on “proposer's past performance in
utilization of business entities certified with the office of minority and women's business enterprises, including small
businesses and business entities certified with the department of veterans affairs and the inclusion plan for business entities
certified with the office of minority and women's business enterprises, including small businesses and business entities
certified with the department of veterans affairs as subconsultants, subcontractors, and suppliers for the project, to the
extent permitted by law.”

Public works procurement 305-Department of Veterans Affairs
Form FN (Rev 1/00) 181,773.00 Request # 305-23-017-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
Section 12 further requires that “Bid packages must be prepared to reduce barriers for and increase participation by
business entities certified with the office of minority and women's business enterprises, including small businesses and
business entities certified with the department of veterans affairs.”

Section 13 requires that solicitations for proposals must include “The firm's plan for inclusion of business entities certified
with the office of minority and women's business enterprises, including small businesses and business entities certified with
the department of veterans affairs, to the extent permitted by law...”

WDVA Impact Analysis (Sections 10, 12, and 13): As noted earlier, most agency contracting and procurement offices are
not staffed with subject matter experts (SMEs) on veteran-owned businesses (VOBs). For most agencies, WDVA
assumes that the development of reviewing and evaluating prime contractor ‘inclusion plans’, will require consultation with
WDVA. Furthermore, prime contractors will also require access to current accurate listings of certified VOBs. WDVA
would require continuing funding of its VOB Program Specialist to accomplish this as our agency does not have the
capacity to absorb the work.

Section 14 authorizes agencies to utilize a small works roster for different specialties, categories of anticipated work, or
geographic areas. It also directs the Department of Commerce though the municipal research and services program, to
develop a statewide small works roster. Contractors desiring to be placed on the roster are required “…to indicate if they
meet the definition of women and minority-owned business as described in RCW 39.19.030(7)(b), veteran-owned business
as defined in RCW 43.60A.010, or small business as defined in RCW 39.04.010…”

Section 15 provides uniform small works roster provisions to award contracts for construction, building, renovation,
remodeling, alteration, repair, or improvement of real property…” and states, “It is the intent of the legislature to increase
utilization of small, minority, women, and veteran-owned businesses. Each state agency and authorized local government
shall establish a women, minority, and veteran-owned business and small business utilization plan.”

WDVA Impact Analysis: Creation of agency ‘small works roster’ requires participating contractors to indicate if they are a
certified Veteran-Owned Business (VOB). This will require a small business sub-designation within WDVA’s VOB
Certification program. WDVA assumes $5000/year for event registration costs (business fairs registrations and
sponsorships, etc.), $2000/year for travel to the events, $7000 the first year and $4000 each following year for printing costs
(certification decals, marketing materials, etc.), and $500/year for advertising. Additionally, without continued funding of the
VOB Program Specialist position, WDVA will lack capacity to develop and implement further modifications to the VOB
certification program that we anticipate from this bill.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title Type FY 2024 FY 2025 2023-25 2025-27 2027-29
001-1 General Fund State 138,000 135,000 273,000 270,000 270,000
Total $ 138,000 135,000 273,000 270,000 270,000

Public works procurement 305-Department of Veterans Affairs
Form FN (Rev 1/00) 181,773.00 Request # 305-23-017-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
III. B - Expenditures by Object Or Purpose
FY 2024 FY 2025 2023-25 2025-27 2027-29
FTE Staff Years 1.0 1.0 1.0 1.0 1.0
A-Salaries and Wages 75,000 75,000 150,000 150,000 150,000
B-Employee Benefits 27,000 27,000 54,000 54,000 54,000
C-Professional Service Contracts
E-Goods and Other Services 14,000 11,000 25,000 22,000 22,000
G-Travel 4,000 4,000 8,000 8,000 8,000
J-Capital Outlays
M-Inter Agency/Fund Transfers
N-Grants, Benefits & Client Services
P-Debt Service
S-Interagency Reimbursements
T-Intra-Agency Reimbursements 18,000 18,000 36,000 36,000 36,000
9-
Total $ 138,000 135,000 273,000 270,000 270,000

III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
Part I and Part IIIA

Job Classification Salary FY 2024 FY 2025 2023-25 2025-27 2027-29
107K: Program Specialist 4 75,120 1.0 1.0 1.0 1.0 1.0
Total FTEs 1.0 1.0 1.0 1.0 1.0

III. D - Expenditures By Program (optional)
Program FY 2024 FY 2025 2023-25 2025-27 2027-29
Veterans Services (020) 138,000 135,000 273,000 270,000 270,000

Total $ 138,000 135,000 273,000 270,000 270,000

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 305-Department of Veterans Affairs
Form FN (Rev 1/00) 181,773.00 Request # 305-23-017-1
FNS063 Individual State Agency Fiscal Note 4 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 360-University of Washington

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Jed Bradley Phone: 2066164684 Date: 02/06/2023
Agency Approval: Jed Bradley Phone: 2066164684 Date: 02/06/2023
OFM Review: Kelsey Rote Phone: (360) 000-0000 Date: 02/07/2023

Form FN (Rev 1/00) 182,219.00 Request # 2023-79-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

Substitute Senate Bill 5268 (*original companion of HB 1306) pertains to public works procurement and small works roster
requirements. Compared to the original bill, the substitute makes the following changes:
• Creates consistency across references to “small, minority, women, and veteran-owned businesses.”
• Repeals requirements of the department of labor and industries which are associated with stricken language in section 28.
• Corrects references to the municipal research and services center.

These changes do not materially affect the impact of this bill, so the fiscal note is unchanged from the previous version.

SB 5268 (HB 1306) pertains to public works procurement and small works roster requirements.

SECTION 1 declares the intent of the legislature to increase equity and efficiencies in public works procurement and
summarizes interventions including best practices in inclusion plans, updating the small and limited works roster, and to
encourage greater participation and utilization by women, minority, and veteran-owned businesses and small business
entities, and protecting the rights of workers.

SECTION 2 modifies definitions including “state agency,” which includes any institution of higher education defined in
RCW 28B.10.016.

SECTION 3 adds the public works small business certification program to the work of the Office of Minority and Women's
Business Enterprises.

SECTION 4 adds intent to include features to improve access to opportunities in inclusion plans, including outreach and
mentorship, modified payment provisions, training, and others.

SECTION 5 through SECTION 13 modify language to update “disadvantaged business enterprise” to “small and women,
minority, and or veteran-owned businesses.”

SECTION 14 authorizes state agencies to utilize a statewide small works roster or create and maintain one or more rosters
for different specialties or categories of work. Any roster shall consist of all responsible contractors who have requested to
be on the list if licensed or registered to perform such work. State agencies must require contractors desiring to be placed
on a roster to indicate if they meet the definitions of women and minority-owned businesses, veteran-owned businesses, or
small businesses and keep any records of licenses, certifications, and other matters on file as a condition of being placed on
the roster. At least once a year, state agencies would be required to publish in a newspaper and provide the Office of
Minority and Women’s Business Enterprises directory a notice of the existence of the roster and solicit contractors for the
roster. Responsible contractors must be added to rosters if they submit requests and records, and must agree and be able to
receive notifications and other communications via email. State agencies may not break a project into smaller units or
phases to avoid maximum dollar amounts. The Department of Commerce is required to develop a statewide small works
roster. Finally, a state agency establishing a small works roster shall adopt rules implementing this section.

SECTION 15 provides uniform small works roster provisions to award contracts for construction, building, renovation,
remodeling, alteration, repair, or improvement of real property. Provisions may be used in lieu of other procedures to award
contracts for work with an estimated cost of $350,000 or less excluding sales tax. State agencies must establish procedures
including documenting good faith efforts to implement the section. Invitations for bids must include an estimate for the scope
of work including nature, materials, and equipment, but detailed plans and specifications are not required.

Public works procurement 360-University of Washington
Form FN (Rev 1/00) 182,219.00 Request # 2023-79-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
For small works with an estimated cost of less than $350,000, state agencies may contract by securing written or electronic
quotations to assure that a competitive price is established and to award contracts to the responsible bidder with the lowest
bid. Agencies shall invite bids by notifying all contractors on an applicable roster in the applicable geographic area.

For small works projects under $150,000, agencies are encouraged to and may direct contract with small businesses before
direct contracting with other contractors on a roster, without a competitive process, under certain conditions. Those include
if there are six or more contractors meeting the definition of small business the agency must contract with one of them; if
there are five or fewer contractors that meet the definition of small business, the agency may contract with any contractor
on the roster.

Each state agency shall establish a women, minority, and veteran-owned business and small business utilization plan, and
may not favor certain contractors on a roster by repeatedly awarding contracts without attempts to direct contract with
other contractors. If an agency does not use these methods, it may not use direct contracting and must invite bids by
electronically notifying all contractors on an applicable roster.

For small works projects under $5,000 there is no requirement for retainage or performance bonds. Small works projects
over $5,000 shall be subject to both bond requirements. Awarding state agencies may reduce or waive retainage
requirements and thereby assume liability for contractor’s non-payment of wages, suppliers, and other items, but does not
affect the rights of an agency to recover against a contractor for payments made on their behalf.

After an award is made, bid quotations shall be recorded, publicly available, and available by request. Annually, a state
agency or local government must publish a list of small works contracts awarded and contractors contacted for direct
negotiation.

SECTION 16 requires that beginning in 2025 and every five years thereafter, the capital projects advisory review board
must review construction cost escalation data and other resources and make recommendations to adjustments to
contracting thresholds in Section 15.

SECTIONS 17 through 28, SECTION 30, and SECTIONS 32 through 34 all modify current language to change other
statutes to conform with Sections 14 through 16 rather than provisions in RCW 39.04 (which are repealed in Section 37)
and make minor updates to language.

SECTION 29 increases the threshold for the limited public works process from $2,500 to $5,000 (conforming with Section
15)

SECTION 31 and SECTION 35 remove a reference to a $300,000 threshold in RCW 53.08 (given the increase to $350,000
in other sections).

SECTION 36 sets a repeal date of portions of RCW 39.10 (and changes in this act) effective June 30, 2032

SECTION 37 repeals current small works roster contract procedures in RCW 39.04 (which are effectively replaced by
Sections 14 through 16 above).

SECTION 39 makes the majority of these changes effective July 1, 2024 except Sections 31 and 35, which are effective
July 1, 2023.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

II. C - Expenditures

Public works procurement 360-University of Washington
Form FN (Rev 1/00) 182,219.00 Request # 2023-79-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Agency expenditures necessary to implement this legislation (or savings resulting from this legislation), with the provisions of the legislation that result in
the expenditures (or savings) identified by section number. Description of the factual basis of the assumptions and the method by which the expenditure
impact is derived. Explanation of how workload assumptions translate into cost estimates. Distinguished between one time and ongoing functions.

Sections 14 through 16 replace the current small works roster requirements in RCW 39.04. The University uses a roster
under the current requirements for some small works roster projects. We do not anticipate that the new requirements and
thresholds in these sections will have a material impact on the cost to engage with the small works roster process.

While the process outlined in Sections 14 through 16 could make it easier to direct contract rather than engage in a bidding
process for certain projects, we don’t anticipate any significant additional costs or cost savings given the alternative has
administrative burden to maintain lists and certifications, plus the work to contract.

The requirement in Section 15 to create a small business utilization plan would require UW Facilities to develop a policy for
using the roster for direct contracting to small firms. There would be a small administrative burden (likely under $5,000 per
year of staff time across several positions) to create and maintain the policy. However, this cost would be absorbed into
existing resources as it aligns with work already assigned, so we have marked this bill as "no impact."

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Public works procurement 360-University of Washington
Form FN (Rev 1/00) 182,219.00 Request # 2023-79-1
FNS063 Individual State Agency Fiscal Note 4 Bill # 5268 S SB
Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 360-University of Washington
Form FN (Rev 1/00) 182,219.00 Request # 2023-79-1
FNS063 Individual State Agency Fiscal Note 5 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 365-Washington State
University

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Anne-Lise Brooks Phone: 509-335-8815 Date: 02/07/2023
Agency Approval: Chris Jones Phone: 509-335-9682 Date: 02/07/2023
OFM Review: Kelsey Rote Phone: (360) 000-0000 Date: 02/08/2023

Form FN (Rev 1/00) 182,438.00 Request # 2023-73-2
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

5268 S SB makes changes to the small works roster in order to increase equity and efficiencies in public works
procurement.
Washington State University does not expect any fiscal impact due to these changes.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Public works procurement 365-Washington State University
Form FN (Rev 1/00) 182,438.00 Request # 2023-73-2
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 365-Washington State University
Form FN (Rev 1/00) 182,438.00 Request # 2023-73-2
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 370-Eastern Washington
University

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Keith Tyler Phone: 509 359-2480 Date: 02/07/2023
Agency Approval: Alexandra Rosebrook Phone: (509) 359-7364 Date: 02/07/2023
OFM Review: Kelsey Rote Phone: (360) 000-0000 Date: 02/07/2023

Form FN (Rev 1/00) 181,754.00 Request # 23-53-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

Proposed SB 5268 modifies small works roster requirements for public works procurement to increase equities and
efficiency, focusing on small, minority, women, and veteran-owned businesses.

Based on the Lead Agency assumptions we assume that EWU will not be a participant in the committee, therefore this bill
has no fiscal impact.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Public works procurement 370-Eastern Washington University
Form FN (Rev 1/00) 181,754.00 Request # 23-53-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 370-Eastern Washington University
Form FN (Rev 1/00) 181,754.00 Request # 23-53-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 375-Central Washington
University

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Erin Sargent Phone: 509-963-2395 Date: 02/07/2023
Agency Approval: Lisa Plesha Phone: (509) 963-1233 Date: 02/07/2023
OFM Review: Kelsey Rote Phone: (360) 000-0000 Date: 02/07/2023

Form FN (Rev 1/00) 181,931.00 Request # 5268 S SB-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

Central Washington University anticipates the largest impacts of change will be a result of sections 14 & 15 in regard to the
provisions of small works. CWU will need to implement the new language in policies, procedures, websites, and other
systems of notifications to contractors. In addition, it would be necessary to provide staff training on the updates of this
legislation to ensure compliance. In addition, coordination would be required to receive training from the Department of
Commerce of the use of the statewide small works roster, as well as periodic quality assurance evaluation.

CWU anticipates that efforts related to the above implementation requirements would be allocated among existing
resources and would not pose an additional burden to the university.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

Public works procurement 375-Central Washington University
Form FN (Rev 1/00) 181,931.00 Request # 5268 S SB-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 375-Central Washington University
Form FN (Rev 1/00) 181,931.00 Request # 5268 S SB-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 376-The Evergreen State
College

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Daniel Ralph Phone: 360-867-6500 Date: 02/06/2023
Agency Approval: Dane Apalategui Phone: 360-867-6517 Date: 02/06/2023
OFM Review: Kelsey Rote Phone: (360) 000-0000 Date: 02/07/2023

Form FN (Rev 1/00) 181,823.00 Request # 2023-055-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

S SB 5268 makes no major revisions to the requirements that were listed in the original bill. We continue to see this a no
fiscal impact bill for the Evergreen State College as only minimal changes to our bid proposal process would be required.

**********

SB 5268 relates to equity and efficiencies in public works procurement and declares an emergency, making the revisions to
the act effective July 1, 2023.

Section 2 (1) adds the definition of “authorized local government” to RCW 39.04.010.

Section 2 (7) adds the definition of “small business” as one meeting the criteria for size, ownership, control and personal net
worth adopted by the office of minority and women’s business enterprises in accordance with RCW 39.19.030

Section 2 (9) defines state agencies for this purpose as including the institutions of higher education and any other agency
authorized to engage in construction, building, renovation, remodeling, alteration, improvement or repair activities.

Section 3 (7) adds “a small business certification program” to the rules adopted under RCW 34.05.

Section 7 (1) replaces “disadvantaged business enterprises” with “small and women, minority, or veteran-owned
businesses.”

Section 9 (1) (d) (i) replaces “disadvantaged business enterprises” with “business entities certified with the office of
minority and women’s business enterprises, including small businesses and business entities certified with the Department of
Veterans Affairs.”

Section 10 (3) (f) replaces “disadvantaged business enterprises and small business entities” with “business entities certified
with the office of minority and women’s business enterprises, including small businesses and business entities certified with
the Department of Veterans Affairs.”

Section 12 (3) e replaces “disadvantaged business enterprises and small business entities” with “business entities certified
with the office of minority and women’s business enterprises, including small businesses and business entities certified with
the Department of Veterans Affairs.”

Section 13 (2) (d) replaces “disadvantaged business enterprises and small business entities” with “business entities certified
with the office of minority and women’s business enterprises, including small businesses and business entities certified with
the Department of Veterans Affairs.”

Section 29 (2) regarding prevailing wages, replaces “$2,500” with “$5,000 or less” as allowed under section 15.

Section 29 (2) e states that nothing in this subsection may be interpreted to allow an awarding agency to subdivide any
public works project of more than $5,000 for the purpose of circumventing the procedures required by subsection 1 of this
section.

Section 35 states that all contract projects, the estimated cost of which is less than the amount authorized, may be awarded
using the small works roster process under sections 14 through 16.

Public works procurement 376-The Evergreen State College
Form FN (Rev 1/00) 181,823.00 Request # 2023-055-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
Section 40 states that sections 31 through 35 of this act will go into effect on July 1, 2023.

Evergreen does not currently have an alternate bid proposal process. We feel the cost to change our bid proposal process
would be minimal and therefore expect no fiscal impact from this bill.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 376-The Evergreen State College
Form FN (Rev 1/00) 181,823.00 Request # 2023-055-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 380-Western Washington
University

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Timothy Davenport Phone: 3606503377 Date: 02/03/2023
Agency Approval: Faye Gallant Phone: 3606504762 Date: 02/03/2023
OFM Review: Kelsey Rote Phone: (360) 000-0000 Date: 02/07/2023

Form FN (Rev 1/00) 181,783.00 Request # S SB 5268-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

There is no fiscal impact to WWU as our procurement systems and procedures are already in place to accommodate this
legislation.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

There is no fiscal impact to WWU as our procurement systems and procedures are already in place to accommodate this
legislation.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Public works procurement 380-Western Washington University
Form FN (Rev 1/00) 181,783.00 Request # S SB 5268-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 380-Western Washington University
Form FN (Rev 1/00) 181,783.00 Request # S SB 5268-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 405-Department of
Transportation

Part I: Estimates
No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
FY 2024 FY 2025 2023-25 2025-27 2027-29
FTE Staff Years 0.2 0.2 0.2 0.2 0.2
Account
Motor Vehicle Account-State 108 11,000 11,000 22,000 22,000 22,000
-1
Total $ 11,000 11,000 22,000 22,000 22,000

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
X If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Jim Cuthbertson Phone: 360-705-7825 Date: 02/03/2023
Agency Approval: Jon Deffenbacher Phone: 360-7057829 Date: 02/03/2023
OFM Review: Maria Thomas Phone: (360) 229-4717 Date: 02/06/2023

Form FN (Rev 1/00) 181,988.00 Request # 23-60-5268-3
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

See attached WSDOT fiscal note.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

See attached WSDOT fiscal note.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title Type FY 2024 FY 2025 2023-25 2025-27 2027-29
108-1 Motor Vehicle State 11,000 11,000 22,000 22,000 22,000
Account
Total $ 11,000 11,000 22,000 22,000 22,000

III. B - Expenditures by Object Or Purpose
FY 2024 FY 2025 2023-25 2025-27 2027-29
FTE Staff Years 0.2 0.2 0.2 0.2 0.2
A-Salaries and Wages 8,000 8,000 16,000 16,000 16,000
B-Employee Benefits 3,000 3,000 6,000 6,000 6,000
C-Professional Service Contracts
E-Goods and Other Services
G-Travel
J-Capital Outlays
M-Inter Agency/Fund Transfers
N-Grants, Benefits & Client Services
P-Debt Service
S-Interagency Reimbursements
T-Intra-Agency Reimbursements
9-
Total $ 11,000 11,000 22,000 22,000 22,000

III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
Part I and Part IIIA

Job Classification Salary FY 2024 FY 2025 2023-25 2025-27 2027-29
Contracts Specialist 1 59,688 0.1 0.1 0.1 0.1 0.1
Transportation Technical Engineer 110,760 0.1 0.1 0.1 0.1 0.1
Total FTEs 0.2 0.2 0.2 0.2 0.2

III. D - Expenditures By Program (optional)
NONE

Public works procurement 405-Department of Transportation
Form FN (Rev 1/00) 181,988.00 Request # 23-60-5268-3
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 405-Department of Transportation
Form FN (Rev 1/00) 181,988.00 Request # 23-60-5268-3
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Individual State Agency Fiscal Note
Bill Number: 5268 SSB Title: Public Works Procurement Agency: 405-Department of Transportation

Part I: Estimates
Check applicable boxes and follow corresponding instructions, use the fiscal template table provided to show fiscal
impact by account, object, and program (if necessary), add rows if needed. If no fiscal impact, check the box below, skip
fiscal template table, and go to Part II to explain briefly, why the program believes there will be no fiscal impact to the
department.

No Fiscal Impact (Explain in section II. A)
If a fiscal note is assigned to our agency, someone believes there might be, and we need to address that, showing why there is no impact to the department.

Indeterminate Cash Receipts Impact (Explain in section II. B)
Indeterminate Expenditure Impact (Explain in section II. C)

If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire
fiscal note form Parts I-V
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete
entire fiscal note form Parts I-V
Capital budget impact, complete Part IV
Requires new rule making, complete Part V
Revised

Dollars in Thousands
2023-25 Biennium 2025-27 Biennium 202-297 Biennium
Expenditures FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
108-1-MOTOR VEHICLE $11.0 $11.0 $11.0 $11.0 $11.0 $11.0
Total Expenditures $11.0 $11.0 $11.0 $11.0 $11.0 $11.0
Biennial Totals $22.0 $22.0 $22.0
FTEs Salary FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Transportation Technical Engineer $110,760 0.1 0.1 0.1 0.1 0.1 0.1
Contracts Specialist 1 $59,688 0.1 0.1 0.1 0.1 0.1 0.1
Annual Average 0.1 0.1 0.1
Objects of Expenditure FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
A - SALARIES AND WAGES $8.0 $8.0 $8.0 $8.0 $8.0 $8.0
B - EMPLOYEE BENEFITS $3.0 $3.0 $3.0 $3.0 $3.0 $3.0
Expenditures by Program FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
PROGRAM I-CAP
PROGRAM P-CAP

The cash receipts and expenditure estimates on this fiscal template represent the most likely fiscal impact. Factors
impacting the precision of these estimates, and alternate ranges (if appropriate), are explained in Part II.

Agency Assumptions
N/A

Agency Contacts:
Preparer: Jim Cuthbertson Phone: 360-870-1108 Date:02/03/2023
Approval: Jon Deffenbacher Phone:360-705-7829 Date:02/03/2023
Budget Manager: Doug Clouse Phone: 360-705-7535 Date: 02/03/2023

Individual State Agency Fiscal Note 405-Department of Transportation
Individual State Agency Fiscal Note
Part II: Narrative Explanation
II. A - Brief description of what the measure does that has fiscal impact
Briefly describe by section number (sections that will change WSDOT costs or revenue), the significant provisions of the
bill, and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency.
List the sections that have fiscal impact to WSDOT only. E.g., “Section 3 directs the Department to …” No
summarizing, no interpreting, and save any background context for the revenue and expenditure parts.

Changes in the substitute Senate bill did not change the department’s fiscal impact assumptions from the original bill.

Section 15 provides uniform small works roster provisions to award contracts for construction. This section will require
WSDOT to make all bid quotations publicly available and annually publish a list of small works contracts awarded and
contractors contacted for direct negotiation pursuant to RCW 39.04.200.

II. B – Cash Receipts Impact
Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived.
Explanation of how workload assumptions translate into estimates. Distinguished between one time and
ongoing functions.

N/A

II. C - Expenditures
Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this
legislation), identifying by section number the provisions of the legislation that result in the expenditures (or savings).
Briefly describe the factual basis of the assumptions and the method by which the expenditure impact is derived. Explain
how workload assumptions translate into cost estimates. Distinguish between one time and ongoing functions.

Section 15 - To implement the requirements of this section, the Washington State Department of Transportation’s
Contract Ad and Award staff’s workload will increase both when advertising a small works contract and complying with
annual reporting requirements. The Ad and Award staff will need to verify contractors are on the roster and are in good
standing with roster requirements. They will need to track and record all solicitations for advertisement and all awards to
meet the reporting requirements of this section. This additional workload equates to 60 hours per year for a Transportation
Technical Engineer and 130 hours per year for a Contracts Specialist 1.

FY FY FY FY FY FY
2024 2025 2026 2027 2028 2029
FTE 0.1 0.1 0.1 0.1 0.1 0.1
Salaries $8,000 $8,000 $8,000 $8,000 $8,000 $8,000
Benefits 3,000 3,000 3,002 3,000 3,000 3,000
Total $11,000 $11,000 $11,002 $11,000 $11,000 $11,000

Part III: Expenditure Detail
III. A - Expenditures by Object or Purpose

See above.

Individual State Agency Fiscal Note 405-Department of Transportation
Individual State Agency Fiscal Note
Part IV: Capital Budget Impact
NA

Part V: New Rule Making Required
Identify provisions of the measure that require the agency to adopt new administrative rules or repeal/revise
existing rules.

No rule making is expected.

Individual State Agency Fiscal Note 405-Department of Transportation
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 465-State Parks and
Recreation Commission

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Dennis Tate Phone: (360) 902-8540 Date: 02/06/2023
Agency Approval: Van Church Phone: (360) 902-8542 Date: 02/06/2023
OFM Review: Jennifer Masterson Phone: (360) 810-0117 Date: 02/06/2023

Form FN (Rev 1/00) 181,756.00 Request # -1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

The proposed legislation updates and revise's the small and limited works roster process to encourage greater participation
and utilization by small, minority, women, and veteran-owned businesses, and to continue to protect the rights of workers
engaging in public works projects.

Section 14(1) - A state agency may utilize a statewide small works roster.

The proposed legislation would have no fiscal impact to Parks. Parks does not maintain it's own small public works roster,
instead relies on the DES small public works roster.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

None.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

Public works procurement 465-State Parks and Recreation Commission
Form FN (Rev 1/00) 181,756.00 Request # -1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 465-State Parks and Recreation Commission
Form FN (Rev 1/00) 181,756.00 Request # -1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 477-Department of Fish and
Wildlife

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: David Hoeveler Phone: 3609701638 Date: 02/03/2023
Agency Approval: David Hoeveler Phone: 3609701638 Date: 02/03/2023
OFM Review: Myra Baldini Phone: (360) 688-8208 Date: 02/06/2023

Form FN (Rev 1/00) 181,762.00 Request # 23-081-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

NO CHANGE FROM PREVIOUS FISCAL NOTE: This substitute bill changes the descriptions of business types eligible
to contract with the state. Section 2 (9) defines state agency including WDFW and any other state agency delegated
authority by the department of enterprise services to engage in construction, building, renovation, remodeling, alteration,
improvement, or repair activities.

Section 14 allows state agencies to utilize statewide small works roster or maintain one.

Section 15 provides uniform small works roster provisions to award contracts.

WDFW currently goes through the full public works process for our contractors and does not utilize a small works roster.
There is no fiscal impact.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

Public works procurement 477-Department of Fish and Wildlife
Form FN (Rev 1/00) 181,762.00 Request # 23-081-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 477-Department of Fish and Wildlife
Form FN (Rev 1/00) 181,762.00 Request # 23-081-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 490-Department of Natural
Resources

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Ana Cruz Phone: 3609021121 Date: 02/09/2023
Agency Approval: Collin Ashley Phone: 360-688-3128 Date: 02/09/2023
OFM Review: Jennifer Masterson Phone: (360) 810-0117 Date: 02/09/2023

Form FN (Rev 1/00) 181,760.00 Request # 23-70-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

No changes from previous fiscal note.

Section 2 (9) defines state agency including Department of Natural Resources (DNR) and any other state agency
delegated authority by the department of enterprise services to engage in construction, building, renovation, remodeling,
alteration, improvement, or repair activities.
Section 14 allows state agencies to utilize statewide small works roster or maintain one.
Section 15 provides uniform small works roster provisions to award contracts.
DNR currently maintains a small works roster under RCW 39.04.155 which is repealed under Section 37, assumed
workload for maintaining new small works roster is similar. Therefore, no fiscal impact.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

Public works procurement 490-Department of Natural Resources
Form FN (Rev 1/00) 181,760.00 Request # 23-70-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 490-Department of Natural Resources
Form FN (Rev 1/00) 181,760.00 Request # 23-70-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
Individual State Agency Fiscal Note

Bill Number: 5268 S SB Title: Public works procurement Agency: 699-Community and Technical
College System

Part I: Estimates
X No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
NONE

Estimated Capital Budget Impact:

NONE

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Preparation: Brian Myhre Phone: 360-704-4413 Date: 02/04/2023
Agency Approval: Cherie Berthon Phone: 360-704-1023 Date: 02/04/2023
OFM Review: Kelsey Rote Phone: (360) 000-0000 Date: 02/07/2023

Form FN (Rev 1/00) 182,024.00 Request # 38-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 5268 S SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

The substitute bill differs from the original in the following ways:

Changes references in the bill from “women, minority, and veteran-owned businesses and small business entities” to “small,
minority, women, and veteran-owned businesses”.

This change would not change fiscal impacts of the bill.

---------------------------------------------------------------------------------------------------------

This bill seeks to encourage greater participation and utilization of small, minority, women, and veteran-owned businesses in
public works procurement. The bill would provide a small business definition, best practices to be included in inclusion
plans, and update and revise the small and limited works roster process to increase administrative efficiency.

SECTION 14
Authorizes a state agency to utilize a statewide small works roster developed by the Department of Commerce or create
one for different specialties, categories of anticipated work or geographic areas served by contractors on the roster.

SECTION 15
Provides for a uniform small works roster provision to award contracts for construction, building, renovation, remodeling,
alteration, repair, or improvement of real property that may be used by state agencies.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

No cash receipts impact.

No expenditure impact.

The bill would allow, but does not require, state agencies to utilize a statewide small works roster developed by the
Department of Commerce or create one for different specialties, categories of anticipated work or geographic areas served
by contractors on the roster.

The development of a small works roster to encourage greater participation and utilization by small, minority, women, and
veteran-owned businesses in public works procurement would not result in additional cost to the CTC system.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE

Public works procurement 699-Community and Technical College System
Form FN (Rev 1/00) 182,024.00 Request # 38-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 5268 S SB
III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
NONE

III. D - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
NONE

IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.

NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Public works procurement 699-Community and Technical College System
Form FN (Rev 1/00) 182,024.00 Request # 38-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 5268 S SB
LOCAL GOVERNMENT FISCAL NOTE
Department of Commerce

Bill Number: 5268 S SB Title: Public works procurement

Part I: Jurisdiction-Location, type or status of political subdivision defines range of fiscal impacts.
Legislation Impacts:
X Cities: Savings and minor costs for jurisdictions that opt in to new small works roster
X Counties: Same as above
Special Districts:

Specific jurisdictions only:
Variance occurs due to:

Part II: Estimates
X No fiscal impacts.

Expenditures represent one-time costs:

X Legislation provides local option: Authorized local governments may use a statewide small works roster or create their own.

Key variables cannot be estimated with certainty at this time:

Estimated revenue impacts to:
None

Estimated expenditure impacts to:
None

Part III: Preparation and Approval
Fiscal Note Analyst: Alice Zillah Phone: 360-725-5035 Date: 02/09/2023
Leg. Committee Contact: Tianyi Lan Phone: 360-786-7432 Date: 02/02/2023
Agency Approval: Allan Johnson Phone: 360-725-5033 Date: 02/09/2023
OFM Review: Jennifer Masterson Phone: (360) 810-0117 Date: 02/09/2023
Page 1 of 3 Bill Number: 5268 S SB
FNS060 Local Government Fiscal Note
Part IV: Analysis
A. SUMMARY OF BILL
Description of the bill with an emphasis on how it impacts local government.
CHANGES BETWEEN THIS VERSION AND PREVIOUS BILL VERSION:
The substitute standardizes references to small, minority, women, and veteran-owned businesses. It changes references to
the Municipal Research and Services Program to the Municipal Research and Services Center. These changes do not
change the fiscal impacts discussed below.

SUMMARY OF CURRENT BILL VERSION:
Sec. 2 amends definitions in RCW 39.04.010. "Authorized local government" means a political subdivision of the state,
school district, or special purpose district with public works authority.

Sec. 14 creates a new section. An authorized local government may utilize a statewide small works roster or create and
maintain one or more small works rosters. The small works roster shall consist of all responsible contractors who have
requested to be on the list, and where required by law, are properly licensed or registered to perform such work in this
state.

An authorized local government establishing a small works roster must require contractors desiring to be placed on the
roster to indicate if they meet the definition of women and minority-owned business, veteran-owned business, or small
business, and to keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other
appropriate matters on file with the appropriate agency as a condition of being placed on the roster and award of contract.

At least once a year, the local government must publish in a newspaper of general circulation and provide OMWBE a
notice of the existence of the roster and solicit contractors for the roster. Responsible contractors must be added to an
appropriate roster at any time they submit a written request and the necessary records. Authorized local governments
using a small works roster may not break a project into units or construct a project by phases if done for the purposes of
avoiding maximum dollar amounts set by this act.

Sec. 15 creates a new section. This section provides uniform small works roster provisions to award contracts for
construction, building, renovation, remodeling, alteration, repair, or improvement of real property that may be used by state
agencies and by any local government that is expressly authorized to use these provisions. These provisions may be used
in lieu of other procedures to award contracts for such work with an estimated cost of $350,000 or less excluding state
sales tax. Authorized local governments using small works rosters must establish procedures for implementing this act.

Authorized local governments must document good faith efforts annually implementing: After an award is made, the bid
quotations obtained shall be recorded, publicly available, and available by request; and annually, a state agency or
authorized local government must publish a list of small works contracts awarded and contractors contacted for direct
negotiation pursuant to RCW 39.04.200.

Sections 1 through 30, 32 through 34, 36, 21 and 37 of this act take effect July 1, 2024.
B. SUMMARY OF EXPENDITURE IMPACTS
Expenditure impacts of the legislation on local governments with the expenditure provisions identified by section number and when
appropriate, the detail of expenditures. Delineated between city, county and special district impacts.

The legislation would provide a local option for cities and counties to use the statewide small works roster once it is
created in fiscal year 2025, or to create their own small works rosters. There is no requirement for local governments to
change their practices, so as a result there are no expenditure impacts.

Cities and counties choosing to utilize the small works rosters would have both costs and savings. There would be
indeterminate, but likely minor costs to comply with the new requirements, which would include developing processes to

Page 2 of 3 Bill Number: 5268 S SB
FNS060 Local Government Fiscal Note
annually document their efforts to comply with the rules concerning the roster. There would also be indeterminate savings
due to reduced work for competitive processes for small capital projects.
C. SUMMARY OF REVENUE IMPACTS
Revenue impacts of the legislation on local governments, with the revenue provisions identified by section number, and when
appropriate, the detail of revenue sources. Delineated between city, county and special district impacts.

The legislation would have no revenue impacts for local governments.

SOURCES:
Washington State Association of Counties

Page 3 of 3 Bill Number: 5268 S SB
FNS060 Local Government Fiscal Note

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