1. PUBLIC WORKS – WHAT WE CAN AND CANNOT DO DEPARTMENT OF ENTERPRISE SERVICES ENGINEERING AND ARCHITECTURE SERVICES CLIENT WORKSHOP – OCTOBER 8, 2014 DISCUSSION PANEL: BILL FRARE, E&AS SUPERVISOR DWAYNE HARKNESS, ASSISTANT PROGRAM MANAGER LINDA SULLIVAN-COLGLAZIER, ASSISTANT ATTORNEY GENERAL

3. PUBLIC WORKS CONTRACT "Contract" means a contract in writing for the execution of public work for a fixed or determinable amount duly awarded after advertisement and competitive bid, "Public work" means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property therein.

4. COMPETITIVE BIDDING Strong public policy in Washington State favoring competitive bidding Dual purposes  Primary - Protection of taxpayer & public funds  Secondary - Fair forum to bidders

5. SELF-PERFORMANCE Community and technical colleges Building, improvements, or repairs < $90K If estimated cost exceeds $90,000 ($45,000 if the work involves one trade or craft area) Complete plans and specifications put out for a public bid contract awarded to responsible bidder who submits the lowest responsive bid. Any project regardless of dollar amount may be put out to public bid.

6. SMALL/LIMITED WORKS ROSTER Small Works: Contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property Estimated cost of $300,000 or less Limited Public Works: Contracts for work, construction, alteration, repair, or improvement projects Estimated to cost less than $35,000

7. CARDINAL CHANGE Change(s) outside the general scope of the contract Effect – makes work as performed not essentially the same work the parties bargained for when contract awarded Can be cumulative changes Out-of-scope actions are actually separate procurements that should be competitively bid and separately awarded Vulnerable to sustained protests from other contractors Can be used by performance bond surety as defense – failure of owner to properly administer contract

8. AUDITS – WHISTLEBLOWER "If you see something, say something " State employees who want to report suspected improper governmental actions may participate in the Whistleblower program The range of activities covered is wide: using a state computer or email for a private business, failing to competitively bid contracts, using a state position to extend privileges to the employee or someone connected to the employee, or grossly mismanaging public funds and resources.

9. THE END Any questions?