Title 39 — Title 39 PUBLIC CONTRACTS AND INDEBTEDNESS
56 chapters · 633 sections in this title.
RCW 39.19.010 Intent.
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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 pu…
RCW 39.19.020 Definitions.
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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 pr…
RCW 39.19.030 Office of minority and women's business enterprises—Director—Powers and duties.
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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 unde…
RCW 39.19.041 Ad hoc advisory committees.
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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.
RCW 39.19.050 Standard clauses required in requests for proposals, advertisements, and bids.
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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…
RCW 39.19.060 Compliance with public works and procurement goals—Plan to maximize opportunity for minority and women-owned businesses.
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(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 educ…
RCW 39.19.070 Compliance with goals—Bidding procedures.
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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…
RCW 39.19.075 Compliance with goals—Valuation of goods or services.
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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 contrac…
RCW 39.19.080 Prohibited activities.
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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 co…
RCW 39.19.090 Compliance with chapter or contract—Penalties—Audit and review unit established—Remedies.
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(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: Withhold…
RCW 39.19.120 Certification of business enterprises.
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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 …
RCW 39.19.140 Implementation of statewide certification.
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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 iden…
RCW 39.19.150 Local government may petition for reconsideration of business certification.
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(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.…
RCW 39.19.160 Local government responsible for monitoring compliance.
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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 …
RCW 39.19.170 Prequalification of minority and women-owned businesses—Waiver of performance bond.
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(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 sect…
RCW 39.19.200 Minority and women's business enterprises account—Created.
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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 b…
RCW 39.19.210 Businesses using the office—Fees.
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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 39.19.2…
RCW 39.19.220 Political subdivisions—Fees.
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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…
RCW 39.19.230 State agencies and educational institutions—Fees.
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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 ex…
RCW 39.19.240 Linked deposit program—Compilation of information—Notification regarding enterprises no longer certified—Monitoring loans.
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(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. Th…
RCW 39.19.250 Participation in contracts by qualified minority and women-owned and controlled businesses—Data—Contact people—Reports.
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(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 c…
RCW 39.19.260 Subpoenas—Application—Court issuance—Notice not required.
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(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 d…
RCW 39.19.270 Program for development of women, minority-owned, and veteran-owned licensed driver training schools—Report.
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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 …
RCW 39.19.910 Effective date—Applicability—1983 c 120.
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(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 t…
RCW 39.19.920 Severability—Conflict with federal requirements—1983 c 120.
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(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 federa…