Changes to the Small Works Roster

Washington’s Small Works Roster laws are changing, thanks to a bill passed during the 2023 Legislative Session (Second Substitute Senate Bill 5268). The changes will make it easier for small businesses and public agencies to use the small works roster to contract small public works projects.

The law:

Updates the existing small works roster requirements
Updates "small business" and "state agency" definitions
Creates a statewide small works roster
Establishes a new public works small business enterprise certification
Aligns financial thresholds throughout the state
Adds a direct contracting option
Allows agencies to either waive or reduce retainage bonds for projects $5,000 or more

What do I need to do now (construction firms)?

If you are a construction firm interested in public works contracts with Washington State, changes are coming July 1, 2024. Here are some things you can do now:

Subscribe to DES’ Public Works Business Diversity Updates
Register in WEBS — Washington’s Electronic Business Solution — and self-certify if you are a small, mini, or micro business
Apply for the statewide roster
Get certified with the Office of Minority and Women’s Business Enterprises (OMWBE) now, if you are a minority- or women-owned business.
- Save money — all OMWBE certification fees are waived through July 1, 2024.
- Certified businesses can opt in to get the new Public Works Small Business Enterprise (PWSBE) certification when it launches.

What do I need to do now (public agencies)?

Port and irrigation districts

Effective July 1, 2023, the small works roster allowable limit for ports and irrigation districts was changed to $350,000 to match small works limits across the state.

Agencies joining the statewide roster

If you are a state or local agency with public works authority, changes are coming July 1, 2024. To prepare for coming changes, you can sign up to participate with the statewide roster.

Agencies with independent rosters

If you are a state or local agency with public works authority and do not plan to switch to the statewide roster, you must prepare your independent roster to:

Integrate OMWBE certification data
Follow DES rules on rotation, outreach, and data collection once published
Set up demographic data collection
Send an annual notice to your paper of record, and conduct outreach to OMWBE certified businesses

Attend a training

Date and time	Event	Location
11/15/2023	ACEC WA & COMTO WA Networking Reception	SeaTac Airport Convention Center
11/16/2023	Meet Apex Accelerator Webinar for local government	Virtual
11/16/2023, 2:30-4 p.m.	Cornerstone General Contractors	Virtual
11/29/2023	Cornerstone General Contractors	Virtual
11/30/2023, 1-4 p.m.	Meet the Agencies, Thurston EDC	Virtual
12/1/2023	L&I Contractors Day	Renton, WA
12/13/2023	WSAC County Training
12/14/2024	MRSC Public Works Fundamentals Training	Sequim, WA
12/15/2023	L&I Contractors Day	Peninsula College
01/17/2024	MRSC Digging into Public Works Fundamentals	Tumwater, WA
01/24/2024	MRSC Digging into Public Works Fundamentals	Everett, WA
02/22/2024	Apex Accelerator Meet the Agencies	Clallam, WA
03/14/2024	Alliance Northwest	Tri-Cities, WA
05/14/2024	Meet the Agencies	Tri-Cities, WA

Or, request a speaker to come to your meeting.

Statewide implementation

DES is working with other state and local agencies and community partners to implement these changes.

New state public works small business enterprises certification

OMWBE is creating a new race- and gender-neutral certification for Public Works Small Business Enterprises (PWSBE). We encourage eligible minority- or women-owned businesses to start the certification process now to be ready to opt-in when the new PWSBE certification launches.

Statewide small works roster

The Municipal Research and Services Center (MRSC) will update its existing statewide small works roster to meet new state requirements, including the ability to filter by location and specialty.

DES will be moving to the MRSC roster, subscribe for updates.

Agency rule updates

State agencies are updating the following rules:

DES: Public works rules (WAC 200-330)
OMWBE: Public Works Small Business Enterprise rules (WAC 326-20-087)
Department of Labor & Industries: Filing of statements of intent to pay prevailing wages and affidavits of wages paid for contracts under two thousand five hundred dollars rules (WAC 296-127-050)