This page provides a basic overview of small works roster requirements for local governments in Washington State, including roster membership, procedures, and the limited public works process. It is part of MRSC's series on Public Works Contracts.
For more detailed information, download MRSC's Small Works Roster Manual for Local Governments.
New legislation: Effective July 28, 2019, ESSB 5418 increased the small works roster limit from $300,000 to $350,000 for most roster-eligible agencies and increased the Limited Public Works Process threshold from $35,000 to $50,000. See below for more details.
What is a Small Public Works Roster?
Small works rosters are lists of qualified contractors who can bid for an eligible project below $350,000. Rosters are less restrictive and time-consuming than full formal competitive bids. RCW 39.04.155(2) establishes the requirements for roster contracts.
What Agencies and Projects Are Eligible?
Many local government agencies are specifically authorized to use the small works roster process of RCW 39.04.155 in their enabling statutes. For instance:
Agencies that do not have specific public works statutes may also use a similar roster process, although they do not have to comply with the exact requirements of RCW 39.04.155.
Agencies that have specific public works statutes that do not reference RCW 39.04.155 may not use a roster.
Agency Rosters
Eligible agencies may create a single small works roster or multiple small works rosters for different specialties or categories of work. A roster may make distinctions between contractors based upon different geographic areas served by the contractor.
Shared Rosters
Multiple agencies may use the same roster to reduce operating costs and expand the pool of available contractors. This can be accomplished one of two ways:
- Interlocal Agreements. A large city or county may make its roster available to other nearby agencies through an interlocal agreement. The agreement must clearly identify the lead entity, which is responsible for advertising and maintaining the roster. Any advertisements should include the names of all agencies using the roster at that time. (RCW 39.04.155(2)(b))
- Roster Service Providers. Roster service providers are independent organizations, such as MRSC Rosters (read below), that maintain and advertise rosters.
Roster Membership, Advertisement, and Maintenance
Agencies must publicly advertise the roster at least once per year in a newspaper of general circulation within the district, soliciting the names of eligible contractors. Agencies must add any responsible contractors at any time as long as the contractor submits a written request and, where required by law, is properly licensed or registered to do business in Washington.
Agencies may require prospective contractors to keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the appropriate state agency or local government as a condition of being placed on a roster.
Agencies should require contractors to update their information every year. To limit the amount of paperwork, agencies can request updated information every three or six months, sending the request to any contractors whose anniversary date fell within the previous three or six months.
At least once per year, the agency must post a list of all small works roster contracts awarded regardless of dollar value, including the date, the name of the contractor, the amount of the contract, a brief description of the type of work performed, and the location where the bid quotations for these contracts are available for public inspection (RCW 39.04.200).
Roster Procedures
Agencies must establish procedures for securing telephone, written, or electronic quotes for each roster, ensuring that a competitive price is established and that contracts will be awarded to the lowest responsible bidder.
Informal invitations to bid may be sent to all appropriate contractors in the appropriate roster category. The request must include an estimate of the scope and nature of the work to be performed, although detailed plans and specifications do not need to be included.
Alternatively, the agency may send invitations to bid to at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a way that will equitably distribute the opportunity. If the agency chooses this route and the project costs more than $250,000 (increased from $150,000 by ESSB 5418), the agency must also notify all other roster contractors that quotes are being sought by publishing a formal notice in a legal newspaper of general circulation, mailing notice to the contractors, or sending a notice by fax or other electronic means.
Sealed bids are not required, but agencies should document which contractors they solicited bids from and keep records of all informal bids received, not just those of the lowest bidders. Bid guarantees are optional.
The contract must be awarded to the lowest responsible bidder, and the contract is still subject to the normal performance and payment bond and prevailing wage requirements.
For an overview of the general roster process from bid preparation to closeout, see MRSC's Small Works Project Checklist. [Note: We are in the process of updating this checklist to reflect the new requirements of ESSB 5418.]
Limited Public Works Process Under $50,000
For roster projects under $50,000, RCW 39.04.155(3) establishes an alternative limited public works process that agencies may use. The agency must solicit bids from at least three contractors on the roster, but it does not have to notify the remaining contractors. However, local agencies must equitably distribute opportunities for limited public works projects among contractors willing to perform in the geographic area of the work.
As with normal roster contracts, sealed bids are not required, but agencies should document which contractors they solicited bids from and keep records of all informal bids received, not just those of the lowest bidders.
Local agencies may use the limited public works process to solicit and award small works roster contracts to independently owned and operated microbusinesses (annual gross revenue under $1 million annually) and minibusinesses (annual gross revenue between $1 million and $3 million) as defined in RCW 39.26.010 that are registered contractors.
Bid guarantees are optional. The contract must be awarded to the lowest responsible bidder, and retainage and performance and payment bonds may be waived. Limited public works projects are still subject to prevailing wage requirements, but agencies may be able to contact L&I to obtain a combined intents/affidavits form under RCW 39.12.040(2).
Examples of Small Works Roster Documents
Below are examples of documents related to the small public works roster process. For more sample documents regarding rosters, purchasing, and contracting, see MRSC's Sample Document Library.
MRSC Rosters
- MRSC Rosters - Shared small public works and consultant roster that all local agencies in Washington are eligible to join
- Mason County MRSC Rosters Procedures (2017) - Roster procedures for public works projects under $300,000, purchases under $50,000, and consulting/professional services, administered by MRSC Rosters
- Midway Sewer District MRSC Rosters Procedures (2012) - Roster procedures for public works projects under $300,000 and consulting/professional services, administered by MRSC Rosters
- Woodinville Fire and Rescue MRSC Rosters Procedures (2015) - Roster procedures for public works projects under $300,000, purchases under $50,000, and consulting/professional services, administered by MRSC Rosters.
Other Roster Procedures
Application Forms
Interlocal Agreements
Roster Contracts