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Direct Contracting

For small works contracts with an estimated cost of less than $150,000, excluding sales tax, public agencies may choose by policy to use a "direct contracting" or negotiation process authorized in RCW 39.04.152(4)(b) to award the contract to an individual contractor on the small works roster without competition.

The direct contracting method is an alternative to the competitive small works process that is required for any small works contract with an estimated cost of $150,000 to $350,000. The competitive bidding process may still be used for contracts with an estimated cost of less than $150,000 if desired; public agencies are not required to use direct contracting.

Using the direct contracting method, a public agency can select one contractor from the List of Businesses (“project-specific roster” or “applicable roster”) for the project type/work category, send an Invitation to Direct Contract directly to the next identified contractor (using rotation as described below), and attempt to agree on an award amount.

To use direct contracting, your agency/local government needs procedures describing how you will rotate between different contractors or document efforts to use different contractors for different projects, how award amounts will be determined (including the negotiation process if needed), and a business utilization plan for awarding contracts to small businesses and businesses owned by minorities, women, and veterans (RCW 39.04.152(4)(b)). 

A request for qualifications (RFQ) and request for proposal (RFP) process shall be used, with the RFQ containing the project description and evaluation factors and weighting, among other things. An evaluation committee selects finalists and then asks for final proposals (including but not limited to price-related factors) from the finalists who are entitled to receive an honorarium. The public agency may accept best and final proposals from the finalists after the final proposals have been submitted.

Primes are evaluated on past project WMBE efforts and current project commitment and attainment plan