title: RCW 39.12.070

text:
(1) The department of labor and industries may charge fees to awarding agencies on public works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid. The department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The amount of the fees shall be established by rules adopted by the department under the procedures in the administrative procedure act, chapter 34.05 RCW. Except as provided in subsection (3) of this section, the fees shall apply to all approvals, certifications, and arbitration requests made after the effective date of the rules. All fees shall be deposited in the public works administration account. The department may refuse to arbitrate for contractors, subcontractors, persons, or organizations which have not paid the proper fees. The department may, if necessary, request the attorney general to take legal action to collect delinquent fees.
(2) The department shall set the fees permitted by this section at a level that generates revenue that is as near as practicable to the amount of the appropriation to administer this chapter, including, but not limited to, the performance of adequate wage surveys, and to investigate and enforce all alleged violations of this chapter, including, but not limited to, incorrect statements of intent to pay prevailing wage, incorrect certificates of affidavits of wages paid, and wage claims, as provided for in this chapter and chapters 49.48 and 49.52 RCW. However, the fees charged for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid shall be forty dollars or less, as determined by the director of labor and industries in accordance with this subsection. For the 2019-2021 biennium, the fees shall not be more than twenty dollars.
(3) If, at the time an individual or entity files an affidavit of wages paid, the individual or entity is exempt from the requirement to pay the prevailing rate of wage under RCW 39.12.020, the department of labor and industries may not charge a fee to certify the affidavit of wages paid.
[ 2019 c 193 s 1; 2014 c 148 s 1; 2008 c 285 s 2; 2006 c 230 s 1; 1993 c 404 s 1; 1982 1st ex.s. c 38 s 1.]
Notes:
Effective date—2008 c 285 s 2: "Section 2 of this act takes effect July 1, 2008." [ 2008 c 285 s 3.]
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—2006 c 230: "This act takes effect July 1, 2007." [ 2006 c 230 s 3.]
Effective date—1993 c 404: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 c 404 s 4.]

catchline: Fees authorized for approvals, certifications, and arbitrations.


doc_type: statute

jurisdiction: wa

title: RCW 39.12.080

text:
The public works administration account is created in the state treasury. The department of labor and industries shall deposit in the account all moneys received from fees or civil penalties collected under RCW 39.12.050, 39.12.065, and 39.12.070. Appropriations from the account may be made only for the purposes of administration of this chapter, including, but not limited to, the performance of adequate wage surveys, and for the investigation and enforcement of all alleged violations of this chapter as provided for in this chapter and chapters 49.48 and 49.52 RCW. During the 2017-2019 fiscal biennium the legislature may direct the state treasurer to make transfers of moneys in the public works administration account to the state general fund. It is the intent of the legislature to use the moneys transferred in the 2017-2019 biennium to support apprenticeship programs. During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the public works administration account to the general fund such amounts as reflect the excess fund balance of the account.
[ 2025 c 424 s 933; 2018 c 299 s 923; 2006 c 230 s 2; 2001 c 219 s 3; 1993 c 404 s 2.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2018 c 299: See note following RCW 43.41.433.
Effective date—2006 c 230: See note following RCW 39.12.070.
Effective date—1993 c 404: See note following RCW 39.12.070.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Public works administration account.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 39.12.100

text:
For the purposes of this chapter, an individual employed on a public works project is not considered to be a laborer, worker, or mechanic when:
(1) The individual has been and is free from control or direction over the performance of the service, both under the contract of service and in fact;
(2) The service is either outside the usual course of business for the contractor or contractors for whom the individual performs services, or the service is performed outside all of the places of business of the enterprise for which the individual performs services, or the individual is responsible, both under the contract and in fact, for the costs of the principal place of business from which the service is performed;
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of service, or the individual has a principal place of business for the business the individual is conducting that is eligible for a business deduction for federal income tax purposes other than that furnished by the employer for which the business has contracted to furnish services;
(4) On the effective date of the contract of service, the individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a schedule of expenses with the internal revenue service for the type of business the individual is conducting;
(5) On the effective date of the contract of service, or within a reasonable period after the effective date of the contract of service, the individual has an active and valid certificate of registration with the department of revenue, and an active and valid account with any other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington;
(6) On the effective date of the contract of service, the individual is maintaining a separate set of books or records that reflect all items of income and expenses of the business which the individual is conducting; and
(7) On the effective date of the contract of service, if the nature of the work performed requires registration under chapter 18.27 RCW or licensure under chapter 18.106, 19.28, or 70.87 RCW, the individual has the contractor registration and contractor licenses required by the laws of this state including chapters 18.27, 18.106, 19.28, and 70.87 RCW.
[ 2023 c 88 s 6; 2009 c 63 s 1.]

catchline: Independent contractors—Criteria.


title: RCW 39.12.105

text:
(1) If a contractor or subcontractor engages three or more independent contractors, as described in RCW 39.12.100, to perform the same type of covered finishing work at the same time on a public works project, the department of labor and industries, upon a referral for investigation, must investigate to determine whether the individuals performing the work have been misclassified as independent contractors.
(2) A referral for investigation under this section may be made by:
(a) The state, county, municipality, or political subdivision awarding the public works contract;
(b) Any contractor or subcontractor on the public works project;
(c) Any labor organization that represents individuals performing covered finishing work on the public works project; or
(d) Any individual performing covered finishing work on the project.
(3) If the department of labor and industries finds, following an investigation under this section, that any individual performing covered finishing work has been misclassified as an independent contractor, the contractor or subcontractor that engaged the individual is subject to all applicable requirements, liabilities, and penalties under this chapter. Following this finding, the department of labor and industries shall make the appropriate referrals under Titles 50 and 51 RCW.
(4) For purposes of this section, "covered finishing work" means work in drywall, flooring, tiling, painting, and glazier and glasswork.
[ 2026 c 105 s 1.]

catchline: Finishing work—Independent contractor misclassification.


title: RCW 39.12.110

text:
Any employer, contractor, or subcontractor who fails to provide requested records, or fails to allow adequate inspection of records in an investigation by the department of labor and industries under this chapter within sixty calendar days of service of the department's request may not use the records in any proceeding under this chapter to challenge the correctness of any determination by the department that wages are owed, that a record or statement is false, or that the employer, contractor, or subcontractor has failed to file a record or statement.
[ 2011 c 92 s 1.]

catchline: Failure to provide or allow inspection of records.


title: RCW 39.12.120

text:
(1) Each contractor, subcontractor, or employer shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the employee's full name, address, social security number, trade or occupation, classification, straight and overtime rates, hourly rate of usual benefits, and hours worked each day and week, including any employee authorizations executed pursuant to RCW 49.28.065, and the actual gross wages, itemized deductions, withholdings, and net wages paid, for each laborer, worker, and mechanic employed by the contractor for work performed on a public works project.
(2) A contractor, subcontractor, or employer shall file a copy of its certified payroll records using the department of labor and industries' online system at least once per month. If the department of labor and industries' online system is not used, a contractor, subcontractor, or employer shall file a copy of its certified payroll records directly with the department of labor and industries in a format approved by the department of labor and industries at least once per month.
(3) The department of labor and industries shall provide, upon request, a copy of an employer's certified payroll records to an interested party. A joint labor-management cooperation committee may only use the information provided under this subsection for purposes of filing complaints under RCW 39.12.065 and may not use the information for any other purpose, including union organizing or commercial activity.
(4) A contractor, subcontractor, or employer's noncompliance with this section constitutes a violation of RCW 39.12.050.
[ 2025 c 99 s 3; 2019 c 242 s 5.]
Notes:
Effective date—Findings—2019 c 242: See notes following RCW 39.12.010.

catchline: Payroll records—Filing—Noncompliance—Provision to interested parties.


title: RCW 39.12.130

text:
(1) For the purposes of enforcing this chapter, if a contractor has substantially identical operations, corporate, or management structure to another entity that has been debarred or otherwise sanctioned under RCW 39.12.050, 39.12.055, 39.12.065, or any associated rule, then the contractor is subject to the same debarment or sanction as that other entity. These sanctions include: Penalties issued under this chapter; findings of violations that the department of labor and industries count toward a bar on bidding on public works; and debarment, prohibiting bidding on public works. The department of labor and industries may enforce this section under the enforcement provisions of this chapter and associated rules.
(2) The director may issue a notice of violation under this section to a contractor described in subsection (1) of this section to extend the sanctions of a debarred or sanctioned entity imposed through a final and binding order or agreement to the contractor. A hearing must be held following a timely appeal of the notice of violation in accordance with chapter 34.05 RCW. The director shall issue a written determination including his or her findings after the hearing unless a notice of violation is not timely appealed. A notice of violation not timely appealed is final and binding, and is not subject to further appeal.
[ 2024 c 7 s 3.]
Notes:
Findings—2024 c 7: "The legislature finds that government contracts should not be awarded to those that knowingly and intentionally violate Washington state's prevailing wage laws. The legislature also finds that businesses that follow the law and pay workers appropriately are placed at a competitive disadvantage to those that reduce costs by failing to pay prevailing wages or failing to file or falsely file with the Washington state department of labor and industries or sanctioned under RCW 39.12.055. In order to create a consistent, fair playing field for businesses and avoid taxpayer contracts going to those that repeatedly violate the law and illegally withhold money from workers, the state should amend the state prevailing wage laws to extend those businesses' sanctions to their substantially identical companies. These sanctions include penalties issued under chapter 39.12 RCW; findings of violations that the department of labor and industries count toward a bar on bidding on public works; and debarment, prohibiting bidding on public works." [ 2024 c 7 s 1.]
Effective date—2024 c 7: See note following RCW 39.12.010.

catchline: Contractors—Debarment, sanctions—Notice of violation.


title: RCW 39.19.010

text:
The legislature finds that minority and women-owned businesses are significantly underrepresented and have been denied equitable competitive opportunities in contracting. It is the intent of this chapter to mitigate societal discrimination and other factors in participating in public works and in providing goods and services and to delineate a policy that an increased level of participation by minority and women-owned and controlled businesses is desirable at all levels of state government. The purpose and intent of this chapter are to provide the maximum practicable opportunity for increased participation by minority and women-owned and controlled businesses in participating in public works and the process by which goods and services are procured by state agencies and educational institutions from the private sector.
[ 1987 c 328 s 1; 1983 c 120 s 1.]

catchline: Intent.


title: RCW 39.19.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advisory committee" means the advisory committee on minority and women's business enterprises.
(2) "Broker" means a person that provides a bona fide service, such as professional, technical, consultant, brokerage, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for performance of a contract.
(3) "Contractor" means an individual or entity granted state certification and awarded either a direct contract with an agency or an indirect contract as a subcontractor to perform a service or provide goods.
(4) "Debar" means to prohibit a contractor, individual, or other entity from submitting a bid, having a bid considered, or entering into a state contract during a specified period of time as set forth in a debarment order.
(5) "Director" means the director of the office of minority and women's business enterprises.
(6) "Educational institutions" means the state universities, the regional universities, The Evergreen State College, and the community colleges.
(7) "Goals" means annual overall agency goals, expressed as a percentage of dollar volume, for participation by minority and women-owned and controlled businesses and shall not be construed as a minimum goal for any particular contract or for any particular geographical area. It is the intent of this chapter that such overall agency goals shall be achievable and shall be met on a contract-by-contract or class-of-contract basis.
(8) "Goods and/or services" includes professional services and all other goods and services.
(9) "Office" means the office of minority and women's business enterprises.
(10) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons.
(11) "Procurement" means the purchase, lease, or rental of any goods or services.
(12) "Public works" means all work, construction, highway and ferry construction, alteration, repair, or improvement other than ordinary maintenance, which a state agency or educational institution is authorized or required by law to undertake.
(13) "State agency" includes the state of Washington and all agencies, departments, offices, divisions, boards, commissions, and correctional and other types of institutions.
[ 2021 c 160 s 1; 2019 c 434 s 2; 1996 c 69 s 4; 1987 c 328 s 2; 1983 c 120 s 2.]
Notes:
Finding—Intent—2019 c 434: See note following RCW 35.23.352.
Intent—1996 c 69: See note following RCW 39.19.030.

catchline: Definitions.


title: RCW 39.19.030

text:
There is hereby created the office of minority and women's business enterprises. The governor shall appoint a director for the office, subject to confirmation by the senate. The director may employ a deputy director and a confidential secretary, both of which shall be exempt under chapter 41.06 RCW, and such staff as are necessary to carry out the purposes of this chapter.
The office shall consult with the minority and women's business enterprises advisory committee to:
(1) Develop, plan, and implement programs to provide an opportunity for participation by qualified minority and women-owned and controlled businesses in public works and the process by which goods and services are procured by state agencies and educational institutions from the private sector;
(2) Develop a comprehensive plan insuring that qualified minority and women-owned and controlled businesses are provided an opportunity to participate in public contracts for public works and goods and services;
(3) Identify barriers to equal participation by qualified minority and women-owned and controlled businesses in all state agency and educational institution contracts;
(4) Establish annual overall goals for participation by qualified minority and women-owned and controlled businesses for each state agency and educational institution to be administered on a contract-by-contract basis or on a class-of-contracts basis;
(5) Develop and maintain a central minority and women's business enterprise certification list for all state agencies and educational institutions. No business is entitled to certification under this chapter unless it meets the definition of small business concern as established by the office. All applications for certification under this chapter shall be sworn under oath;
(6) Develop, implement, and operate a system of monitoring compliance with this chapter;
(7) Adopt rules under chapter 34.05 RCW, the Administrative Procedure Act, governing: (a) Establishment of agency goals; (b) development and maintenance of a central minority and women's business enterprise certification program and a public works small business certification program, including a definition of "small business concern" which shall be consistent with the small business requirements defined under section 3 of the Small Business Act, 15 U.S.C. Sec. 632, and its implementing regulations as guidance; (c) procedures for monitoring and enforcing compliance with goals, regulations, contract provisions, and this chapter; (d) utilization of standard clauses by state agencies and educational institutions, as specified in RCW 39.19.050; and (e) determination of an agency's or educational institution's goal attainment consistent with the limitations of RCW 39.19.075;
(8) Submit an annual report to the governor and the legislature outlining the progress in implementing this chapter;
(9) Investigate complaints of violations of this chapter with the assistance of the involved agency or educational institution; and
(10) Cooperate and act jointly or by division of labor with the United States or other states, and with political subdivisions of the state of Washington and their respective minority, socially and economically disadvantaged and women business enterprise programs to carry out the purposes of this chapter. However, the power which may be exercised by the office under this subsection permits investigation and imposition of sanctions only if the investigation relates to a possible violation of chapter 39.19 RCW, and not to violation of local ordinances, rules, regulations, however denominated, adopted by political subdivisions of the state.
[ 2023 c 395 s 3; 1996 c 69 s 5; 1989 c 175 s 85; 1987 c 328 s 3; 1983 c 120 s 3.]
Notes:
Effective date—2023 c 395 ss 1-30, 32-34, 36, and 37: See note following RCW 39.04.010.
Findings—Intent—2023 c 395: See note following RCW 39.04.010.
Intent—1996 c 69: "It is the intent of the legislature to ensure that the counting of the dollar value of an agency's or educational institution's expenditures to certified minority and women's business enterprises meaningfully reflects the actual financial participation of the certified businesses." [ 1996 c 69 s 3.]
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Office of minority and women's business enterprises—Director—Powers and duties.


title: RCW 39.19.041

text:
The director may establish ad hoc advisory committees, as necessary, to assist in the development of policies to carry out the purposes of this chapter.
[ 1995 c 269 s 1302.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Ad hoc advisory committees.


title: RCW 39.19.050

text:
The rules adopted under RCW 39.19.030 shall include requirements for standard clauses in requests for proposals, advertisements, bids, or calls for bids, necessary to carry out the purposes of this chapter, which shall include notice of the statutory penalties under RCW 39.19.080 and 39.19.090 for noncompliance.
[ 1983 c 120 s 5.]

catchline: Standard clauses required in requests for proposals, advertisements, and bids.


title: RCW 39.19.060

text:
(1) Each state agency and educational institution shall comply with the annual goals established for that agency or institution under this chapter for public works and procuring goods or services. This chapter applies to all public works and procurement by state agencies and educational institutions, including all contracts and other procurement under chapters 28B.10, 39.04, 39.26, 43.19, and 47.28 RCW.
(2) Each state agency shall adopt a plan, developed in consultation with the director and the advisory committee, to ensure that minority and women-owned businesses are afforded the maximum practicable opportunity to directly and meaningfully participate in the execution of public contracts for public works and goods and services. The plan shall include specific measures the agency will undertake to increase the participation of certified minority and women-owned businesses.
(3) Of all state agencies and educational institutions, the office must annually identify those: (a) In the lowest quintile of utilization of minority and women-owned contractors as a percentage of all contracts issued by the agency; (b) in the lowest quintile of the dollar value awarded to minority and women-owned contractors as a percentage of the dollar value of all contracts issued by the agency; and (c) that are performing significantly below their established goals, as determined by the office. The office must meet with each identified agency to review its plan and identify available tools and actions for increasing participation.
(4) The office shall annually notify the governor, the state auditor, and the joint legislative audit and review committee of all agencies and educational institutions not in compliance with this chapter.
[ 2021 c 160 s 2; 2019 c 434 s 3; 1996 c 288 s 28; 1993 c 512 s 9; 1983 c 120 s 6.]
Notes:
Finding—Intent—2019 c 434: See note following RCW 35.23.352.
Compliance with chapter 39.19 RCW: RCW 28B.10.023, 39.04.160, 39.26.245, 47.28.030, 47.28.050, 47.28.090.

catchline: Compliance with public works and procurement goals—Plan to maximize opportunity for minority and women-owned businesses.


title: RCW 39.19.070

text:
It is the intent of this chapter that the goals established under this chapter for participation by minority and women-owned and controlled businesses be achievable. If necessary to accomplish this intent, contracts may be awarded to the next lowest responsible bidder in turn, or all bids may be rejected and new bids obtained, if the lowest responsible bidder does not meet the goals established for a particular contract under this chapter. The dollar value of the total contract used for the calculation of the specific contract goal may be increased or decreased to reflect executed change orders. An apparent low-bidder must be in compliance with the contract provisions required under this chapter as a condition precedent to the granting of a notice of award by any state agency or educational institution.
[ 1994 c 15 s 1; 1987 c 328 s 4; 1983 c 120 s 7.]

catchline: Compliance with goals—Bidding procedures.


title: RCW 39.19.075

text:
For purposes of measuring an agency's or educational institution's goal attainment, any regulations adopted under RCW 39.19.030(7)(e) must provide that if a certified minority and women's business enterprise is a broker of goods or materials required under a contract, the contracting agency or educational institution may count only the dollar value of the fee or commission charged and not the value of goods or materials provided. The contracting agency or educational institution may, at its discretion, fix the dollar value of the fee or commission charged at either the actual dollar value of the fee or commission charged or at a standard percentage of the total value of the brokered goods, which percentage must reflect the fees or commissions generally paid to brokers for providing such services.
[ 1996 c 69 s 6.]
Notes:
Intent—1996 c 69: See note following RCW 39.19.030.

catchline: Compliance with goals—Valuation of goods or services.


title: RCW 39.19.080

text:
A person, firm, corporation, business, union, or other organization shall not:
(1) Prevent or interfere with a contractor's or subcontractor's compliance with this chapter, or any rule adopted under this chapter;
(2) Submit false or fraudulent information to the state concerning compliance with this chapter or any such rule;
(3) Fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a minority or women's business enterprise for the purpose of this chapter;
(4) Knowingly make a false statement, whether by affidavit, verified statement, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of certification of any entity as a minority or women's business enterprise;
(5) Knowingly obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualification of a business entity that has requested certification as a minority or women's business enterprise;
(6) Fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public moneys to which the person is not entitled under this chapter; or
(7) Knowingly make false statements that any entity is or is not certified as a minority or women's business enterprise for purposes of obtaining a contract governed by this chapter.
[ 2021 c 160 s 3; 1987 c 328 s 5; 1983 c 120 s 8.]

catchline: Prohibited activities.


title: RCW 39.19.090

text:
(1)(a) Except as provided in (b) of this subsection, if a person, firm, corporation, or business does not comply with any provision of this chapter or with a contract requirement established under this chapter, the state may impose one or more of the following penalties: Withholding payment, decertifying the contractor, debarring the contractor, suspending or terminating the contract, or subjecting the contractor to civil penalties of up to 10 percent of the amount of the contract or up to $5,000 for each violation.
(b) If a person, firm, corporation, or business commits any of the activities prohibited in RCW 39.19.080, the state must impose one or more of the following penalties: Withholding payment, decertifying the contractor, debarring the contractor for a period between one and three years, terminating the contract, or subjecting the contractor to civil penalties of between two and 10 percent of the amount of the contract or between $1 and $5,000 for each violation.
(c) In addition to any other penalties imposed, willful repeated violations, exceeding a single violation, must disqualify the contractor from further participation in state contracts for a period of three years. A willful violation includes a conscious or deliberate false statement, misrepresentation, omission, or concealment of a material fact, with the specific intent of obtaining, continuing, or increasing benefits under this chapter.
(2) An apparent low-bidder must be in compliance with the contract provisions required under this chapter as a condition precedent to the granting of a notice of award by any state agency or educational institution.
(3) The office shall follow administrative procedures under chapter 34.05 RCW in determining a violation and imposing penalties under this chapter. The office shall adopt by rule criteria for the imposition of penalties under this section. The rule may incorporate the debarment process authorized for the department of enterprise services in RCW 39.26.200.
(4)(a) An audit and review unit is established within the office for the purpose of detecting and investigating fraud and violations of this chapter. The office must employ qualified personnel for the unit.
(b) For the purpose of any investigation or proceeding under this chapter, the director or the director's designee may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the director or the director's designee deems relevant or material to the inquiry.
(c) Subpoenas issued under this section may be enforced under RCW 34.05.588.
(d) The audit and review unit must annually:
(i) Conduct a site review of a minimum of three percent of persons, firms, corporations, or businesses awarded a contract under this chapter;
(ii) Submit a response for all complaints for investigation made by an external agency to the agency submitting the complaint;
(iii) Develop and implement a process for prioritizing and conducting thorough investigations of persons, firms, corporations, or businesses identified by an external complaint and determined to be the highest priority for the agency; and
(iv) Develop and implement a process for prioritizing and conducting thorough investigations of persons, firms, corporations, or businesses internally identified and determined to be the highest priority for the agency.
(5) The procedures and sanctions in this section are not exclusive; nothing in this section prevents the state agency or educational institution administering the contracts from pursuing such procedures or sanctions as are otherwise provided by statute, rule, or contract provision.
[ 2021 c 160 s 4; 1987 c 328 s 6; 1983 c 120 s 9.]

catchline: Compliance with chapter or contract—Penalties—Audit and review unit established—Remedies.


title: RCW 39.19.120

text:
The office shall be the sole authority to perform certification of minority business enterprises, socially and economically disadvantaged business enterprises, and women's business enterprises throughout the state of Washington. Certification by the state office will allow these firms to participate in programs for these enterprises administered by the state of Washington, any city, town, county, special purpose district, public corporation created by the state, municipal corporation, or quasi-municipal corporation within the state of Washington.
This statewide certification process will prevent duplication of effort, achieve efficiency, and permit local jurisdictions to further develop, implement, and/or enhance comprehensive systems of monitoring and compliance for contracts issued by their agencies.
[ 1987 c 328 s 7.]

catchline: Certification of business enterprises.


title: RCW 39.19.140

text:
Implementation of statewide certification shall be effective January 1, 1988, following consultation by the office with appropriate state and local officials who currently administer similar certification programs. Any business having been certified under any of the programs identified pursuant to *RCW 39.19.130 as a minority and women's business enterprise shall be deemed certified by the office as of January 1, 1988.
[ 1987 c 328 s 9.]
Notes:
*Reviser's note: RCW 39.19.130 expired June 30, 1991.

catchline: Implementation of statewide certification.


title: RCW 39.19.150

text:
(1) Any city, county, town, special purpose district, public corporation created by the state, municipal corporation, or quasi-municipal corporation having reason to believe that a particular minority and women's business enterprise should not have been certified under RCW 39.19.140 may petition the office for reconsideration. The basis for the petition may be one or more of the following:
(a) The office's rules or regulations were improperly applied; or
(b) Material facts relating to the minority and women's business enterprise's certification application to the office are untrue.
(2) The petitioner shall carry the burden of persuasion. The affected minority or women's business enterprise shall receive notice of the petition and an opportunity to respond.
(3) After reviewing the information presented in support of and in opposition to the petition, the office shall issue a written decision, granting or denying the petition. If the office grants the petition, it may revoke, suspend, or refuse to renew the certification or impose sanctions under this chapter as appropriate.
(4) The office's decision on a petition is administratively final and the rights of appeal set out in the office regulations shall apply. A certification shall remain in effect while a petition is pending.
[ 1987 c 328 s 10.]

catchline: Local government may petition for reconsideration of business certification.


title: RCW 39.19.160

text:
Any city, town, county, special purpose district, public corporation created by the state, municipal corporation, or quasi-municipal corporation within the state of Washington utilizing the certification by the office retains the responsibility for monitoring compliance with the programs under its jurisdiction. The office shall not be responsible for enforcement of local ordinances, rules, or regulations, however titled.
[ 1987 c 328 s 11.]

catchline: Local government responsible for monitoring compliance.


title: RCW 39.19.170

text:
(1) State agencies shall not require a performance bond for any public works project that does not exceed twenty-five thousand dollars awarded to a prequalified and certified minority or woman-owned business that has been prequalified as provided under subsection (2) of this section.
(2) A limited prequalification questionnaire shall be required assuring:
(a) That the bidder has adequate financial resources or the ability to secure such resources;
(b) That the bidder can meet the performance schedule;
(c) That the bidder is experienced in the type of work to be performed; and
(d) That all equipment to be used is adequate and functioning and that all equipment operators are qualified to operate such equipment.
[ 1993 c 512 s 10.]

catchline: Prequalification of minority and women-owned businesses—Waiver of performance bond.


title: RCW 39.19.200

text:
The minority and women's business enterprises account is created in the custody of the state treasurer. All receipts from RCW 39.19.210, 39.19.220, and 39.19.230 and civil penalties imposed under RCW 39.19.090 shall be deposited in the account. Expenditures from the account may be used only for the purposes defraying all or part of the costs of the office in administering this chapter. Only the director or the director's designee may authorize expenditures from the account. Moneys in the account may be spent only after appropriation.
[ 2021 c 160 s 6; 1993 c 195 s 1.]
Notes:
Effective date of 1993 c 195—1993 sp.s. c 24: "Chapter 195, Laws of 1993 is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 sp.s. c 24 s 930.]

catchline: Minority and women's business enterprises account—Created.


title: RCW 39.19.210

text:
The office may charge a reasonable fee or other appropriate charge, to be set by rule adopted by the office under chapter 34.05 RCW, to a business using the services of the office.
[ 1993 c 195 s 2.]
Notes:
Effective date of 1993 c 195—1993 sp.s. c 24: See note following RCW 39.19.200.

catchline: Businesses using the office—Fees.


title: RCW 39.19.220

text:
The office may charge to a political subdivision in this state a reasonable fee or other appropriate charge, to be set by rule adopted by the office under chapter 34.05 RCW, prorated on the relative benefit to the political subdivision, for the certification under this chapter of a business.
[ 1993 c 195 s 3.]
Notes:
Effective date of 1993 c 195—1993 sp.s. c 24: See note following RCW 39.19.200.

catchline: Political subdivisions—Fees.


title: RCW 39.19.230

text:
The office may charge to a state agency and educational institutions, as both are defined in RCW 39.19.020, a reasonable fee or other appropriate charge, to be set by rule adopted by the office under chapter 34.05 RCW, based upon the state agency's or educational institution's expenditure level of funds subject to the office.
[ 1993 c 195 s 4.]
Notes:
Effective date of 1993 c 195—1993 sp.s. c 24: See note following RCW 39.19.200.

catchline: State agencies and educational institutions—Fees.


title: RCW 39.19.240

text:
(1) The office shall, in consultation with the state treasurer and the department of commerce, compile information on minority and women's business enterprises that have received financial assistance through a qualified public depositary under the provisions of RCW 43.86A.060. The information shall include, but is not limited to:
(a) Name of the qualified public depositary;
(b) Geographic location of the minority or women's business enterprise;
(c) Name of the minority or women's business enterprise;
(d) Date of last certification by the office and certification number;
(e) Type of business;
(f) Amount and term of the loan to the minority or women's business enterprise; and
(g) Other information the office deems necessary for the implementation of this section.
(2) The office shall notify the state treasurer of minority or women's business enterprises that are no longer certified under the provisions of this chapter. The written notification shall contain information regarding the reason for the decertification and information on financing provided to the minority or women's business enterprise under RCW 43.86A.060.
(3) The office shall, in consultation with the state treasurer and the department of commerce, monitor the performance of loans made to minority and women-owned business enterprises under RCW 43.86A.060.
[ 2023 c 470 s 2025; 2005 c 302 s 5; 2002 c 305 s 2.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Intent—2005 c 302: See note following RCW 43.86A.030.

catchline: Linked deposit program—Compilation of information—Notification regarding enterprises no longer certified—Monitoring loans.


title: RCW 39.19.250

text:
(1) For the purpose of annual reporting on progress required by this chapter, each state agency and educational institution shall submit data to the office and the office of minority and women's business enterprises on the participation by qualified minority and women-owned and controlled businesses in the agency's or institution's contracts and other related information requested by the director. The director of the office of minority and women's business enterprises shall determine the content and format of the data and the reporting schedule, which must be at least annually.
(2) The office must develop and maintain a list of contact people at each state agency and educational institution who are able to present to hearings of the appropriate committees of the legislature its progress in carrying out the purposes of chapter 39.19 RCW.
(3) The office must submit a report aggregating the data received from each state agency and educational institution, and the information identified and actions taken under RCW 39.19.060(3) and 39.19.090(4), to the legislature and the governor.
[ 2021 c 160 s 7; 2019 c 434 s 4; 2009 c 348 s 2.]
Notes:
Finding—Intent—2019 c 434: See note following RCW 35.23.352.

catchline: Participation in contracts by qualified minority and women-owned and controlled businesses—Data—Contact people—Reports.


title: RCW 39.19.260

text:
(1) The director or director's designee may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or testimony; and
(c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the office's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the office's authority.
(2) When an application under this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.
(3) The director or director's designee may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3).
[ 2021 c 160 s 5.]

catchline: Subpoenas—Application—Court issuance—Notice not required.


title: RCW 39.19.270

text:
The office shall develop a program to foster the development of women, minority-owned, and veteran-owned licensed driver training schools in the state, including through instruction on topics relevant to owning and operating a licensed driver training school, and shall report to the transportation committees of the legislature by October 1, 2024, with an update on program implementation and administration.
[ 2023 c 445 s 6.]

catchline: Program for development of women, minority-owned, and veteran-owned licensed driver training schools—Report.


title: RCW 39.19.910

text:
(1) This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1983.
(2) Contracts entered into before September 1, 1983, are not subject to this act.
[ 1983 c 120 s 21.]

catchline: Effective date—Applicability—1983 c 120.


title: RCW 39.19.920

text:
(1) If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
(2) If any part of this chapter is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this chapter in its application to the agencies concerned. The rules under this chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[ 1983 c 120 s 18.]

catchline: Severability—Conflict with federal requirements—1983 c 120.


title: RCW 39.23.005

text:
It is the intent of the legislature to encourage municipalities to purchase products and/or services manufactured or provided by sheltered workshops and programs of the department of social and health services which operate facilities serving persons with disabilities and disadvantaged individuals.
[ 2020 c 274 s 19; 1975 c 20 s 1.]

catchline: Declaration of intent.


title: RCW 39.23.010

text:
As used in RCW 39.23.005 and 39.23.020 the term "sheltered workshops" shall have the meaning ascribed to it by RCW 82.04.385 and "programs of the department of social and health services" shall mean the group training homes and day training centers defined in *RCW 72.33.800 and "municipality" shall have the meaning ascribed to it by RCW 39.04.010.
[ 1975 c 20 s 2.]
Notes:
*Reviser's note: RCW 72.33.800 was repealed by 1988 c 176 s 1007. See Title 71A RCW.

catchline: Definitions.


title: RCW 39.23.020

text:
Municipalities are hereby authorized to purchase products and/or services manufactured or provided by sheltered workshops and programs of the department of social and health services. Such purchases shall be at the fair market price of such products and services as determined by a municipality. To determine the fair market price a municipality shall use the last comparable bid on the products and/or services or in the alternative the last price paid for the products and/or services. The increased cost of labor, materials, and other documented costs since the last comparable bid or the last price paid are additional cost factors which shall be considered in determining fair market price. Upon the establishment of the fair market price as provided for in this section a municipality is hereby empowered to negotiate directly with sheltered workshops or officials in charge of the programs of the department of social and health services for the purchase of the products or services.
[ 1977 ex.s. c 10 s 1; 1975 c 20 s 3.]

catchline: Products and/or services, purchase of—Authorization—Determining fair market price.


title: RCW 39.24.050

text:
A governmental unit shall, to the maximum extent economically feasible, purchase paper products which meet the specifications established by the department of enterprise services under RCW 39.26.255.
[ 2015 c 225 s 40; 1982 c 61 s 3.]
Notes:

catchline: Purchase of paper products meeting certain specifications required.


title: RCW 39.24.060

text:
(1) All purchases made by a public agency are subject to the requirements established under RCW 19.06.020.
(2) For the purposes of this section, "public agency" means those agencies subject to RCW 19.06.020.
(3) This section is not intended to create an entitlement to an individual or class of individuals.
[ 2016 c 40 s 2.]
Notes:
Construction—2016 c 40: See note following RCW 39.26.285.

catchline: Purchases from nonprofit agencies for the blind.


title: RCW 39.26.005

text:
It is the intent of this chapter to promote open competition and transparency for all contracts for goods and services entered into by state agencies, unless specifically exempted under this chapter. It is further the intent of this chapter to centralize within one agency the authority and responsibility for the development and oversight of policies related to state procurement and contracting. To ensure the highest ethical standards, proper accounting for contract expenditures, and for ease of public review, it is further the intent to centralize the location of information about state procurements and contracts. It is also the intent of the legislature to provide state agency contract data to the public in a searchable manner.
In addition, the legislature intends that the state develop procurement policies, procedures, and materials that encourage and facilitate state agency purchase of goods and services from Washington small businesses.
[ 2012 c 224 s 1.]

catchline: Intent.


title: RCW 39.26.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, institutions of higher education as defined in RCW 28B.10.016, and correctional and other types of institutions. "Agency" does not include a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930.
(2) "Bid" means an offer, proposal, or quote for goods or services in response to a solicitation issued for such goods or services by the department or an agency of Washington state government.
(3) "Bidder" means an individual or entity who submits a bid, quotation, or proposal in response to a solicitation issued for such goods or services by the department or an agency of Washington state government.
(4) "Client services" means services provided directly to agency clients including, but not limited to, medical and dental services, employment and training programs, residential care, and subsidized housing.
(5) "Community rehabilitation program of the department of social and health services" means any entity that:
(a) Is registered as a nonprofit corporation with the secretary of state; and
(b) Is recognized by the department of social and health services, division of vocational rehabilitation as eligible to do business as a community rehabilitation program.
(6) "Competitive solicitation" means a documented formal process providing an equal and open opportunity to bidders and culminating in a selection based on predetermined criteria.
(7) "Contractor" means an individual or entity awarded a contract with an agency to perform a service or provide goods.
(8) "Debar" means to prohibit a contractor, individual, or other entity from submitting a bid, having a bid considered, or entering into a state contract during a specified period of time as set forth in a debarment order.
(9) "Department" means the department of enterprise services.
(10) "Director" means the director of the department of enterprise services.
(11) "Estimated useful life" of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner.
(12) "Goods" means products, materials, supplies, or equipment provided by a contractor.
(13) "In-state business" means a business that has its principal office located in Washington.
(14) "Life-cycle cost" means the total cost of an item to the state over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life.
(15) "Master contracts" means a contract for specific goods or services, or both, that is solicited and established by the department in accordance with procurement laws and rules on behalf of and for general use by agencies as specified by the department.
(16) "Microbusiness" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that: (a) Is owned and operated independently from all other businesses; and (b) has a gross revenue of less than $1,000,000 annually as reported on its federal tax return or on its return filed with the department of revenue.
(17) "Minibusiness" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that: (a) Is owned and operated independently from all other businesses; and (b) has a gross revenue of less than $3,000,000, but $1,000,000 or more annually as reported on its federal tax return or on its return filed with the department of revenue.
(18) "Polychlorinated biphenyls" means any polychlorinated biphenyl congeners and homologs.
(19) "Practical quantification limit" means the lowest concentration that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness, and comparability during routine laboratory operating conditions.
(20) "Purchase" means the acquisition of goods or services, including the leasing or renting of goods.
(21) "Services" means labor, work, analysis, or similar activities provided by a contractor to accomplish a specific scope of work.
(22) "Small business" means an in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that:
(a) Certifies, under penalty of perjury, that it is owned and operated independently from all other businesses and has either:
(i) Fifty or fewer employees; or
(ii) A gross revenue of less than $7,000,000 annually as reported on its federal income tax return or its return filed with the department of revenue over the previous three consecutive years; or
(b) Is certified with the office of women and minority business enterprises under chapter 39.19 RCW.
(23) "Sole source" means a contractor providing goods or services of such a unique nature or sole availability that the contractor is clearly and justifiably the only practicable source to provide the goods or services.
(24) "Washington grown" has the definition in RCW 15.64.060.
[ 2024 c 140 s 1; 2022 c 71 s 12; 2015 c 79 s 5. Prior: 2014 c 135 s 2; prior: 2012 c 224 s 2.]
Notes:
Findings—Intent—2022 c 71: See note following RCW 28B.10.930.
Findings—2014 c 135: See note following RCW 39.26.280.


title: RCW 39.26.020

text:
(1)(a) A state officer or employee of an agency who seeks to acquire goods or services or who participates in those contractual matters is subject to the requirements in RCW 42.52.150.
(b) A contractor who contracts with an agency to perform services related to the acquisition of goods and services for or on behalf of the state is subject to the requirements in RCW 42.52.150.
(2) No person or entity who seeks or may seek a contract with a state agency may give, loan, transfer, or deliver to any person something of economic value for which receipt of such item would cause a state officer or employee to be in a violation of RCW 42.52.040, 42.52.110, 42.52.120, * 42.52.140, or 42.52.150.
[ 2012 c 224 s 3.]
Notes:
*Reviser's note: RCW 42.52.140 was repealed by 2025 c 377 s 29.

catchline: Ethics in public contracting.


title: RCW 39.26.030

text:
(1) Records related to state procurements are public records subject to disclosure to the extent provided in chapter 42.56 RCW except as provided in subsection (2) of this section.
(2) Bid submissions and bid evaluations are exempt from disclosure until the agency announces the apparent successful bidder.
[ 2012 c 224 s 4.]

catchline: State procurement records—Disclosure.


title: RCW 39.26.040

text:
Agencies that are authorized or directed to establish a board, commission, council, committee, or other similar group made up of volunteers to advise the activities and management of the agency are prohibited from entering into contracts with any or all volunteer members as a means to reimburse or otherwise pay members of such board, commission, council, committee, or other similar group for the work performed as part of the entity, except where payment is specifically authorized by statute.
[ 2012 c 224 s 5.]

catchline: Prohibition on certain contracts.


title: RCW 39.26.050

text:
(1) In addition to the powers and duties provided in chapter 43.19 RCW, the department shall make available goods and services to support state agencies, and may enter into agreements with any other local or federal governmental agency or entity or a public benefit nonprofit organization, in compliance with RCW 39.34.055, and any tribes located in the state, to furnish such products and services as deemed appropriate by both parties.
(2) The department shall ensure full cost recovery from state agencies, other local or federal governmental agency or entity, public benefit nonprofit organizations, or any tribes located in the state, for activities performed pursuant to subsection (1) of this section. Cost recovery must ensure that the department is reimbursed its full cost for providing the goods and services furnished as determined by the department. Cost recovery may be collected through the state agency, other governmental entity, nonprofit organization, or through the contractor.
(3) All governmental entities of this state may enter into agreements under this section with the department, unless otherwise prohibited.
[ 2012 c 224 s 6.]

catchline: Provision of goods and services.


title: RCW 39.26.060

text:
(1) On behalf of the state, the department may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any goods or services with one or more states, state agencies, local governments, local government agencies, federal agencies, or tribes located in the state, in accordance with an agreement entered into between the participants. The cooperative purchasing may include, but is not limited to, joint or multiparty contracts between the entities, and master contracts or convenience contracts that are made available to other public agencies.
(2) All cooperative purchasing conducted under this chapter must be through contracts awarded through a competitive solicitation process.
[ 2012 c 224 s 7.]

catchline: Cooperative purchasing.


title: RCW 39.26.070

text:
A convenience contract is a contract for specific goods or services, or both, that is solicited and established in accordance with procurement laws and rules for use by a specified group of agencies. A convenience contract is not available for general use and must be approved by the department. Convenience contracts are not intended to replace or supersede master contracts as defined in this chapter.
[ 2024 c 140 s 2; 2015 c 79 s 6; 2012 c 224 s 8.]

catchline: Convenience contracts.


title: RCW 39.26.080

text:
(1) The director is responsible for the development and oversight of policy for the procurement of goods and services by all state agencies under this chapter. When establishing policies, standards, and procedures, the director shall account for differentiation in procurement practices and needs among state agencies and strive to establish policies, standards, and procedures that promote greater efficiency in procurement.
(2) The director is authorized to adopt rules, policies, and guidelines governing the procurement, contracting, and contract management of any and all goods and services procured by state agencies under this chapter.
(3) The director or designee is the sole authority to enter into master contracts on behalf of the state.
[ 2012 c 224 s 9.]

catchline: Procurement policy—Director's responsibility and authority—Master contracts.


title: RCW 39.26.090

text:
The director shall:
(1) Establish overall state policies, standards, and procedures regarding the procurement of goods and services by all state agencies;
(2) Develop policies and standards for the use of credit cards or similar methods to make purchases;
(3) Establish procurement processes for information technology goods and services, using technology standards and policies established by Washington technology solutions under chapter 43.105 RCW;
(4) Enter into contracts or delegate the authority to enter into contracts on behalf of the state to facilitate the purchase, lease, rent, or otherwise acquire all goods and services and equipment needed for the support, maintenance, and use of all state agencies, except as provided in RCW 39.26.100;
(5) Have authority to delegate to agencies authorization to purchase goods and services. The authorization must specify restrictions as to dollar amount or to specific types of goods and services, based on a risk assessment process developed by the department. Acceptance of the purchasing authorization by an agency does not relieve the agency from conformance with this chapter or from policies established by the director. Also, the director may not delegate to a state agency the authorization to purchase goods and services if the agency is not in substantial compliance with overall procurement policies as established by the director;
(6) Develop procurement policies and procedures, such as unbundled contracting and subcontracting, that encourage and facilitate the purchase of goods and services from Washington small businesses, microbusinesses, and minibusinesses, and minority and women-owned businesses to the maximum extent practicable and consistent with international trade agreement commitments;
(7) Develop and implement an enterprise system for electronic procurement;
(8) Provide for a commodity classification system and provide for the adoption of goods and services commodity standards;
(9) Establish overall state policy for compliance by all agencies regarding:
(a) Food procurement procedures and materials that encourage and facilitate the purchase of Washington grown food by state agencies and institutions to the maximum extent practicable and consistent with international trade agreement commitments; and
(b) Policies requiring all food contracts to include a plan to maximize to the extent practicable and consistent with international trade agreement commitments the availability of Washington grown food purchased through the contract;
(10) Develop guidelines and criteria for the purchase of vehicles, high gas mileage vehicles, and alternate vehicle fuels and systems, equipment, and materials, that reduce overall energy-related costs and energy use by the state, including investigations into all opportunities to aggregate the purchasing of clean technologies by state and local governments, and including the requirement that new passenger vehicles purchased by the state meet the minimum standards for passenger automobile fuel economy established by the United States secretary of transportation pursuant to the energy policy and conservation act (15 U.S.C. Sec. 2002); and
(11) Develop and enact rules to implement the provisions of this chapter.
[ 2024 c 54 s 28; 2012 c 224 s 10.]

catchline: Director's duties and responsibilities—Rules.


title: RCW 39.26.100

text:
(1) The provisions of this chapter do not apply in any manner to the operation of the state legislature except as requested by the legislature.
(2) The provisions of this chapter do not apply to the contracting for services, equipment, and activities that are necessary to establish, operate, or manage the state data center, including architecture, design, engineering, installation, and operation of the facility, that are approved by the technology services board or the acquisition of proprietary software, equipment, and information technology services necessary for or part of the provision of services offered by Washington technology solutions.
(3) Primary authority for the purchase of specialized equipment, and instructional and research material, for their own use rests with the institutions of higher education as defined in RCW 28B.10.016.
(4) Universities operating hospitals with approval from the director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, may make purchases for hospital operation by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations if documented to be more cost-effective.
(5) Primary authority for the purchase of materials, supplies, and equipment, for resale to other than public agencies, rests with the state agency concerned.
(6) The authority for the purchase of insurance and bonds rests with the risk manager under RCW 43.19.769, except for institutions of higher education that choose to exercise independent purchasing authority under RCW 28B.10.029.
(7) The provisions of this chapter do not apply to information technology purchases by state agencies, other than institutions of higher education and agencies of the judicial branch, if (a) the purchase is less than one hundred thousand dollars, (b) the initial purchase is approved by the chief information officer of the state, and (c) the agency director and the chief information officer of the state jointly prepare a public document providing a detailed justification for the expenditure.
(8) The authority to purchase interpreter services on behalf of applicants and recipients of public assistance who are sensory-impaired rests with the department of social and health services and the health care authority.
[ 2024 c 54 s 29; 2019 c 152 s 2; 2018 c 253 s 4; 2013 2nd sp.s. c 33 s 2; 2012 c 224 s 11.]
Notes:
Finding—Intent—2019 c 152: "The legislature finds that recent legislation to alter the procurement of spoken language interpreter services and to allow spoken language interpreters to elect collective bargaining representation also removed the authority of department of social and health services to procure interpreter services on behalf of applicants and recipients of public assistance who are sensory-impaired. The legislature intends to reinstate that authority." [ 2019 c 152 s 1.]
Effective date—2019 c 152: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2019]." [ 2019 c 152 s 3.]
Intent—Conflict with federal requirements—2018 c 253: See notes following RCW 74.04.025.

catchline: Exemptions.


title: RCW 39.26.102

text:
The department of corrections shall be exempt from the following provisions of this chapter in respect to goods or services purchased or sold pursuant to the operation of correctional industries: RCW * 43.19.180, * 43.19.190, * 43.19.1901, * 43.19.1905, * 43.19.1906, * 43.19.1908, * 43.19.1911, * 43.19.1913, * 43.19.1915, 43.19.1917, 43.19.1919, 43.19.1921, and * 43.19.200.
[ 2011 1st sp.s. c 43 s 220; 1989 c 185 s 2; 1981 c 136 s 14. Formerly RCW 43.19.1932.]
Notes:
*Reviser's note: RCW 43.19.180, 43.19.190, 43.19.1901, 43.19.1905, 43.19.1906, 43.19.1908, 43.19.1911, 43.19.1913, 43.19.1915, and 43.19.200 were repealed by 2012 c 224 s 29, effective January 1, 2013.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Exemption—Department of corrections.


title: RCW 39.26.110

text:
(1) The department must provide expertise and training on best practices for state procurement.
(2) The department must establish either training or certification programs, or both, to ensure consistency in procurement practices for employees authorized to perform procurement functions under the provisions of this chapter. When establishing training or certification programs, the department may approve existing training or certification programs at state agencies. When establishing programs or approving existing programs, the department shall work with agencies with existing training programs to ensure coordination and minimize additional costs associated with training requirements.
(3) Beginning July 1, 2013, state agencies must require agency employees responsible for developing, executing, or managing procurements or contracts, or both, to complete department-approved training or certification programs, or both. Beginning July 1, 2015, no agency employee may execute or manage contracts unless the employee has met the training or certification requirements or both as set by the department. Any request for exception to this requirement must be submitted to the director for approval before the employee or group of employees executes or manages contracts.
[ 2012 c 224 s 12.]

catchline: Training.


title: RCW 39.26.120

text:
(1) Insofar as practicable, all purchases of or contracts for goods and services must be based on a competitive solicitation process. This process may include electronic or web-based solicitations, bids, and signatures. This requirement also applies to procurement of goods and services executed by agencies under delegated authority granted in accordance with RCW 39.26.090 or under RCW 28B.10.029.
(2) Subsection (1) of this section applies to contract amendments that substantially change the scope of work of the original contract or substantially increase the value of the original contract.
[ 2012 c 224 s 13.]

catchline: Competitive solicitation.


title: RCW 39.26.125

text:
All contracts must be entered into pursuant to competitive solicitation, except for:
(1) Emergency contracts;
(2) Sole source contracts that comply with the provisions of RCW 39.26.140;
(3) Direct buy purchases, as designated by the director. The director shall establish policies to define criteria for direct buy purchases. These criteria may be adjusted to accommodate special market conditions and to promote market diversity for the benefit of the citizens of the state of Washington;
(4) Purchases involving special facilities, services, or market conditions, in which instances of direct negotiation is in the best interest of the state;
(5) Purchases from master contracts established by the department or an agency authorized by the department;
(6) Client services contracts;
(7) Other specific contracts or classes or groups of contracts exempted from the competitive solicitation process when the director determines that a competitive solicitation process is not appropriate or cost-effective;
(8) Off-contract purchases of Washington grown food when such food is not available from Washington sources through an existing contract. However, Washington grown food purchased under this subsection must be of an equivalent or better quality than similar food available through the contract and must be able to be paid from the agency's existing budget. This requirement also applies to purchases and contracts for purchases executed by state agencies, including institutions of higher education as defined in RCW 28B.10.016, under delegated authority granted in accordance with this chapter or under RCW 28B.10.029;
(9) Contracts awarded to companies that furnish a service where the tariff is established by the utilities and transportation commission or other public entity;
(10) Intergovernmental agreements awarded to any governmental entity, whether federal, state, or local and any department, division, or subdivision thereof;
(11) Contracts for services that are necessary to the conduct of collaborative research if the use of a specific contractor is mandated by the funding source as a condition of granting funds;
(12) Contracts for architectural and engineering services as defined in RCW 39.80.020, which shall be entered into under chapter 39.80 RCW;
(13) Contracts for the employment of expert witnesses for the purposes of litigation;
(14) Contracts for bank supervision authorized under RCW 30A.38.040;
(15) Contracts for the purchase of opioid overdose reversal medication authorized under RCW 70.14.170; and
(16) Contracts for investigators awarded by the office of independent investigations as authorized under RCW 43.102.050.
[ 2021 c 318 s 313; 2021 c 273 s 9; 2012 c 224 s 14.]
Notes:
Reviser's note: This section was amended by 2021 c 273 s 9 and by 2021 c 318 s 313, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Finding—Intent—2021 c 318: See note following RCW 43.102.020.
Rules—2021 c 273 ss 7-12: See note following RCW 70.14.170.
Findings—Intent—2021 c 273: See note following RCW 70.41.480.

catchline: Competitive solicitation—Exceptions.


title: RCW 39.26.130

text:
(1) An agency may make emergency purchases as defined in subsection (4) of this section. When an emergency purchase is made, the agency head shall submit written notification of the purchase within 10 business days of the purchase to the director. This notification must contain a description of the purchase, a description of the emergency and the circumstances leading up to the emergency, and an explanation of why the circumstances required an emergency purchase.
(2) Emergency contracts must be submitted to the department and made available for public inspection within 10 business days following the commencement of work or execution of the contract, whichever occurs first.
(3) The department may authorize exceptions to this section due to exigent circumstances.
(4) As used in this section, "emergency" means a set of unforeseen circumstances beyond the control of the agency that either:
(a) Present a real, immediate, and extreme threat to the proper performance of essential functions; or
(b) May reasonably be expected to result in material loss or damage to property, bodily injury, or loss of life, if immediate action is not taken.
[ 2024 c 140 s 3; 2012 c 224 s 15.]

catchline: Emergency purchases.


title: RCW 39.26.140

text:
(1) Agencies must submit sole source contracts to the department and make the contracts available for public inspection not fewer than 15 working days before the proposed starting date of the contract. Agencies must provide documented justification for sole source contracts to the department when the contract is submitted, and must include evidence that the agency posted the contract opportunity at a minimum on the state's enterprise vendor registration and bid notification system.
(2) The department must approve sole source contracts before any such contract becomes binding and before any services may be performed or goods provided under the contract. These requirements shall also apply to all sole source contracts except as otherwise exempted by the director.
(3) The director may provide an agency an exemption from the requirements of this section for a contract or contracts. Requests for exemptions must be submitted to the director in writing.
(4) Contracts awarded by institutions of higher education from nonstate funds are exempt from the requirements of this section.
[ 2024 c 140 s 4; 2012 c 224 s 16.]

catchline: Sole source contracts.


title: RCW 39.26.150

text:
(1) Agencies must provide public notice for all competitive solicitations. Agencies must post all contract opportunities on the state's enterprise vendor registration and bid notification system. In addition, agencies may notify contractors and potential bidders by sending notices by mail, electronic transmission, newspaper advertisements, or other means as may be appropriate.
(2) Agencies should try to anticipate changes in a requirement before the bid submittal date and to provide reasonable notice to all prospective bidders of any resulting modification or cancellation. If, in the opinion of the agency, it is not possible to provide reasonable notice, the submittal date for receipt of bids may be postponed and all bidders notified.
[ 2012 c 224 s 17.]

catchline: Public notice—Posting on enterprise vendor registration and bid notification system.


title: RCW 39.26.160

text:
(1)(a) After bids that are submitted in response to a competitive solicitation process are reviewed by the awarding agency, the awarding agency may:
(i) Reject all bids and rebid or cancel the competitive solicitation;
(ii) Request best and final offers from responsive and responsible bidders; or
(iii) Award the purchase or contract to the lowest responsive and responsible bidder.
(b) The agency may award one or more contracts from a competitive solicitation.
(2) In determining whether the bidder is a responsible bidder, the agency must consider the following elements:
(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(c) Whether the bidder can perform the contract within the time specified;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws relating to the contract or services;
(f) Whether, within the three-year period immediately preceding the date of the bid solicitation, the bidder has been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and
(g) Such other information as may be secured having a bearing on the decision to award the contract.
(3) In determining the lowest responsive and responsible bidder, an agency may consider best value criteria, including but not limited to:
(a) Whether the bid satisfies the needs of the state as specified in the solicitation documents;
(b) Whether the bid encourages diverse contractor participation;
(c) Whether the bid provides competitive pricing, economies, and efficiencies;
(d) Whether the bid considers human health and environmental impacts;
(e) Whether the bid appropriately weighs cost and noncost considerations; and
(f) Life-cycle cost.
(4) The solicitation document must clearly set forth the requirements and criteria that the agency will apply in evaluating bid submissions. Before award of a contract, a bidder shall submit to the contracting agency a signed statement in accordance with chapter 5.50 RCW verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of subsection (2)(f) of this section. A contracting agency may award a contract in reasonable reliance upon such a sworn statement.
(5) The awarding agency may at its discretion reject the bid of any contractor who has failed to perform satisfactorily on a previous contract with the state.
(6) After reviewing all bid submissions, an agency may enter into negotiations with the lowest responsive and responsible bidder in order to determine if the bid may be improved. An agency may not use this negotiation opportunity to permit a bidder to change a nonresponsive bid into a responsive bid.
(7) The procuring agency must enter into the state's enterprise vendor registration and bid notification system the name of each bidder and an indication as to the successful bidder.
[ 2019 c 232 s 16; 2017 c 258 s 3; 2012 c 224 s 18.]
Notes:
Findings—2017 c 258: See note following RCW 39.04.350.

catchline: Bid awards—Considerations—Requirements and criteria to be set forth—Negotiations—Use of enterprise vendor registration and bid notification system.


title: RCW 39.26.170

text:
(1) All agencies that have original or delegated procurement authority for goods or services must have a clear and transparent complaint process. The complaint process must provide for the complaint to be submitted and response provided before the deadline for bid submissions.
(2) All agencies that have original or delegated procurement authority for goods or services must have a clear and transparent protest process. The protest process must include a protest period after the apparent successful bidder is announced but before the contract is signed.
(3) The director may grant authority for an agency to sign a contract before the protest process is completed due to exigent circumstances.
[ 2012 c 224 s 19.]

catchline: Complaints—Protests.


title: RCW 39.26.180

text:
(1) The department must adopt uniform policies and procedures for the effective and efficient management of contracts by all state agencies. The policies and procedures must, at a minimum, include:
(a) Precontract procedures for selecting potential contractors based on their qualifications and ability to perform, including procedures to ensure compliance with chapter 39.19 RCW, and providing for participation of minority and women-owned businesses;
(b) Model complaint and protest procedures;
(c) Alternative dispute resolution processes;
(d) Incorporation of performance measures and measurable benchmarks in contracts;
(e) Model contract terms to ensure contract performance and compliance with state and federal standards, including terms to facilitate recovery of the costs of employee staff time that must be expended to bring a contract into substantial compliance, and terms required under RCW 41.06.142;
(f) Executing contracts using electronic signatures;
(g) Criteria for contract amendments;
(h) Postcontract procedures;
(i) Procedures and criteria for terminating contracts for cause or otherwise, including procedures and criteria for terminating performance-based contracts that are not achieving performance standards;
(j) A requirement that agencies, departments, and institutions of higher education monitor performance-based contracts, including contracts awarded pursuant to RCW 41.06.142, to ensure that all aspects of the contract are being properly performed and that performance standards are being achieved; and
(k) Any other subject related to effective and efficient contract management.
(2) An agency may not enter into a contract under which the contractor could charge additional costs to the agency, the department, the joint legislative audit and review committee, or the state auditor for access to data generated under the contract. A contractor under such a contract must provide access to data generated under the contract to the contracting agency, the joint legislative audit and review committee, and the state auditor.
(3) To the extent practicable, agencies should enter into performance-based contracts. Performance-based contracts identify expected deliverables and performance measures or outcomes. Performance-based contracts also use appropriate techniques, which may include but are not limited to, either consequences or incentives or both to ensure that agreed upon value to the state is received. Payment for goods and services under performance-based contracts should be contingent on the contractor achieving performance outcomes.
(4) An agency and contractor may execute a contract using electronic signatures.
(5) As used in subsection (2) of this section, "data" includes all information that supports the findings, conclusions, and recommendations of the contractor's reports, including computer models and the methodology for those models.
[ 2020 c 269 s 4; 2012 c 224 s 20.]
Notes:
Intent—Finding—Application—2020 c 269: See notes following RCW 41.06.142.

catchline: Contract management.


title: RCW 39.26.190

text:
When any bid has been accepted, the agency may require of the successful bidder a bond payable to the state in such amount with such surety or sureties as determined by the agency, conditioned that he or she will fully, faithfully, and accurately perform the terms of the contract into which he or she has entered. Bidders who regularly do business with the state shall be permitted to file with the agency an annual performance bond in an amount established by the agency and such annual bond shall be acceptable as surety in lieu of furnishing individual bonds. The agency may also require bidders to provide bid bonds conditioned that if a bidder is awarded the contract the bidder will enter into and execute the contract, protest bonds, or other bonds the agency deems necessary. Agencies must adhere to the policies developed by the department regarding the use of protest bonds. All bonds must be filed with the agency on a form acceptable to the agency. Any surety issuing a bond must meet the qualification requirements established by the agency.
[ 2012 c 224 s 21.]

catchline: Bonds.


title: RCW 39.26.200

text:
(1)(a) The director shall provide notice to the contractor of the director's intent to either fine or debar with the specific reason for either the fine or debarment. The department must establish the debarment and fining processes by rule.
(b) After reasonable notice to the contractor and reasonable opportunity for that contractor to be heard, the director has the authority to debar a contractor for cause from consideration for award of contracts. The debarment must be for a period of not more than three years.
(2) The director may either fine or debar a contractor based on a finding of one or more of the following causes:
(a) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
(b) Conviction or a final determination in a civil action under state or federal statutes of fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, violation of the federal false claims act, 31 U.S.C. Sec. 3729 et seq., or the state medicaid fraud false claims act, chapter 74.66 RCW, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects responsibility as a state contractor;
(c) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
(d) Two or more violations within the previous five years of the national labor relations act as determined by the national labor relations board or court of competent jurisdiction;
(e) Violation of contract provisions, as set forth in this subsection, of a character that is regarded by the director to be so serious as to justify debarment action:
(i) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
(ii) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, however the failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment;
(f) Violation of ethical standards set forth in RCW 39.26.020;
(g) Any other cause the director determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for any cause listed in regulations; and
(h) The failure to comply with a provision in a state master contract or other agreement with a state agency that requires equality among its workers by ensuring similarly employed individuals are compensated as equals.
(3) The director must issue a written decision to debar. The decision must:
(a) State the reasons for the action taken; and
(b) Inform the debarred contractor of the contractor's rights to judicial or administrative review.
[ 2024 c 140 s 5; 2020 c 269 s 3; 2017 3rd sp.s. c 1 s 996; 2015 c 44 s 1; 2013 2nd sp.s. c 34 s 1; 2012 c 224 s 22.]
Notes:
Intent—Finding—Application—2020 c 269: See notes following RCW 41.06.142.
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.

catchline: Authority to fine or debar.


title: RCW 39.26.210

text:
(1) Agencies must annually submit to the department a list of all contracts that the agency has entered into or renewed. "Contracts," for the purposes of this section, does not include purchase orders. The department must maintain a publicly available list of all contracts entered into by agencies during each fiscal year, except that contracts for the employment of expert witnesses for the purposes of litigation shall not be made publicly available to the extent that information is exempt from disclosure under state law. Except as otherwise exempt, the data must identify the contracting agency, the contractor, the purpose of the contract, effective dates and periods of performance, the cost of the contract and funding source, any substantive modifications to the contract, and whether the contract was competitively procured or awarded on a sole source basis.
(2) The department may conduct audits of its master contracts and convenience contracts to ensure that the contractor is in compliance with the contract terms and conditions, including but not limited to providing only the goods and services specified in the contract at the contract price.
[ 2012 c 224 s 23.]

catchline: List of agency contracts—Contract audits.


title: RCW 39.26.220

text:
The state auditor and the attorney general must annually by November 30th of each year, provide a collaborative report of contract audit and investigative findings, enforcement actions, and the status of agency resolution to the governor and the policy and fiscal committees of the legislature.
[ 2012 c 224 s 24.]

catchline: Contract audit and investigative findings, enforcement actions, and status of agency resolution—Report.


title: RCW 39.26.230

text:
The state agencies and departments are hereby authorized to purchase products and/or services manufactured or provided by community rehabilitation programs of the department of social and health services.
Such purchases shall be at the fair market price of such products and services as determined by the department of enterprise services. To determine the fair market price the department shall use the last comparable bid on the products and/or services or in the alternative the last price paid for the products and/or services. The increased cost of labor, materials, and other documented costs since the last comparable bid or the last price paid are additional cost factors which shall be considered in determining fair market price. Upon the establishment of the fair market price as provided for in this section the department is hereby empowered to negotiate directly for the purchase of products or services with officials in charge of the community rehabilitation programs of the department of social and health services.
[ 2011 1st sp.s. c 43 s 226; 2005 c 204 s 2; 2003 c 136 s 3; 1977 ex.s. c 10 s 2; 1974 ex.s. c 40 s 3. Formerly RCW 43.19.530.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Purchases from entities serving or providing opportunities through community rehabilitation programs.


title: RCW 39.26.235

text:
(1) State agencies that are purchasing wireless devices or services must make such purchases through the state master contract, unless the state agency provides to Washington technology solutions evidence that the state agency is securing its wireless devices or services from another source for a lower cost than through participation in the state master contract.
(2) For the purposes of this section, "state agency" means any office, department, board, commission, or other unit of state government, but does not include a unit of state government headed by a statewide elected official, an institution of higher education as defined in RCW 28B.10.016, the student achievement council, the state board for community and technical colleges, or agencies of the legislative or judicial branches of state government.
[ 2024 c 54 s 30; 2012 c 229 s 584; 2011 1st sp.s. c 43 s 734; 2010 c 282 s 2. Formerly RCW 43.19.797, 43.105.410.]
Notes:
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Purchase of wireless devices or services.


title: RCW 39.26.240

text:
All procurement contracts entered into under this chapter on or after June 10, 2010, are subject to the requirements established under RCW 43.60A.200.
[ 2010 c 5 s 9. Formerly RCW 39.29.052.]
Notes:
Purpose—Construction—2010 c 5: See notes following RCW 43.60A.010.

catchline: Awards of procurement contracts to veteran-owned businesses.


title: RCW 39.26.245

text:
(1) All contracts entered into and purchases made, including leasing or renting, under this chapter on or after September 1, 1983, are subject to the requirements established under chapter 39.19 RCW.
(2) All procurement contracts entered into under this chapter on or after June 10, 2010, are subject to the requirements established under RCW 43.60A.200.
(3) All contracts with the state for goods or services entered into under this chapter on or after January 1, 2024, are subject to the requirements established under RCW 49.60.530.
[ 2023 c 468 s 2; 2010 c 5 s 6; 1983 c 120 s 13. Formerly RCW 43.19.536.]
Notes:
Purpose—Construction—2010 c 5: See notes following RCW 43.60A.010.
Effective date—Applicability—Severability—Conflict with federal requirements—1983 c 120: See RCW 39.19.910, 39.19.920.

catchline: Awards of procurement contracts to office of minority and women's business enterprises.


title: RCW 39.26.250

text:
Any person, firm, or organization which makes any bid to provide any goods or any services to any state agency shall be granted a preference over other bidders if (1) the goods or services have been or will be produced or provided in whole or in part by an inmate work program of the department of corrections and (2) an amount equal to at least fifteen percent of the total bid amount has been paid or will be paid by the person, firm, or organization to inmates as wages. The preference provided under this section shall be equal to ten percent of the total bid amount.
[ 1981 c 136 s 15. Formerly RCW 43.19.535.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Preferences—Purchase of goods and services from inmate work programs.


title: RCW 39.26.251

text:
(1) State agencies, the legislature, and departments shall purchase for their use all goods and services required by the legislature, agencies, or departments that are produced or provided in whole or in part from class II inmate work programs operated by the department of corrections through state contract. These goods and services shall not be purchased from any other source unless, upon application by the department or agency: (a) The department finds that the articles or products do not meet the reasonable requirements of the agency or department, (b) are not of equal or better quality, or (c) the price of the product or service is higher than that produced by the private sector. However, the criteria contained in (a), (b), and (c) of this subsection for purchasing goods and services from sources other than correctional industries do not apply to goods and services produced by correctional industries that primarily replace goods manufactured or services obtained from outside the state. The department of corrections and department shall adopt administrative rules that implement this section.
(2) Effective July 1, 2012, this section does not apply to the purchase of uniforms for correctional officers employed with the Washington state department of corrections.
[ 2015 c 79 s 7; 2012 c 220 s 1. Prior: 2011 1st sp.s. c 43 s 227; 2011 c 367 s 707; 2009 c 470 s 717; 1993 sp.s. c 20 s 1; 1986 c 94 s 2. Formerly RCW 43.19.534.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—2011 c 367: See note following RCW 46.68.060.
Effective date—2009 c 470: See note following RCW 46.68.170.

catchline: Purchase of articles or products from inmate work programs—Replacement of goods and services obtained from outside the state—Rules.


title: RCW 39.26.255

text:
(1) The director shall develop specifications and adopt rules for the purchase of products which will provide for preferential purchase of products containing recycled material by:
(a) The use of a weighting factor determined by the amount of recycled material in a product, where appropriate and known in advance to potential bidders, to determine the lowest responsible bidder. The actual dollars bid shall be the contracted amount. If the department determines, according to criteria established by rule that the use of this weighting factor does not encourage the use of more recycled material, the department shall consider and award bids without regard to the weighting factor. In making this determination, the department shall consider but not be limited to such factors as adequate competition, economics or environmental constraints, quality, and availability.
(b) Requiring a written statement of the percentage range of recycled content from the bidder providing products containing recycled material. The range may be stated in five percent increments.
(2) The director shall develop a directory of businesses that have a master contract with the department that supply products containing significant quantities of recycled materials. This directory may be combined with and made accessible through the database of recycled content products to be developed under RCW 43.19A.060.
(3) The director shall encourage all parties using the state purchasing office to purchase products containing recycled materials.
(4) The rules, specifications, and bid evaluation shall be consistent with recycled content standards adopted under RCW 43.19A.020.
[ 2015 c 79 s 8; 2011 1st sp.s. c 43 s 228; 1991 c 297 s 5; 1988 c 175 s 2; 1987 c 505 s 26; 1982 c 61 s 2. Formerly RCW 43.19.538.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—1988 c 175: "This act shall take effect July 1, 1988." [ 1988 c 175 s 4.]
Recycled product procurement: Chapter 43.19A RCW.

catchline: Preferences—Purchase of products containing recycled material—Directory of suppliers—Rules.


title: RCW 39.26.260

text:
The legislature finds that in-state preference clauses used by other states in procuring goods and services have a discriminatory effect against Washington vendors with resulting harm to this state's revenues and the welfare of this state's citizens. Chapter 183, Laws of 1983 is intended to promote fairness in state government procurement by requiring that, when appropriate, Washington exercise reciprocity with those states having in-state preferences, and it shall be liberally construed to that effect.
[ 1983 c 183 s 1. Formerly RCW 43.19.700.]

catchline: Preferences—In-state procurement.