Title 39 — Title 39 PUBLIC CONTRACTS AND INDEBTEDNESS

(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, …

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 …

(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 pra…

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 p…

(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 establis…

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…

(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 func…

(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 se…

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…

(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…

(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 th…

(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 notice…

(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 responsi…

(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)…

(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 quali…

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…

(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 contr…

(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 entere…

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 th…

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 servic…

(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 ano…

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.

(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…

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 …

(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 correc…

(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 …

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 …

(1) The department shall establish purchasing and procurement policies that establish a preference for electronic products that meet environmental performance standards relating to the reduction or elimination of hazardous materials.(2) The department shall ensure that their surp…

The director shall compile a list of the statutes and regulations, relating to state purchasing, of each state, which statutes and regulations the director believes grant a preference to vendors located within the state or goods manufactured within the state. At least once every …

The director shall adopt and apply rules designed to provide for some reciprocity in bidding between Washington and those states having statutes or regulations on the list under RCW 39.26.270. The director shall have broad discretionary power in developing these rules and the rul…

(1) The department shall establish purchasing and procurement policies that provide a preference for products and products in packaging that does not contain polychlorinated biphenyls.(2) No agency may knowingly purchase products or products in packaging containing polychlorinate…

(1) All contracts entered into and purchases made under this chapter are subject to the requirements established under RCW 19.06.020.(2) This section is not intended to create an entitlement to an individual or class of individuals.[ 2016 c 40 s 1.]Notes:Construction—2016 c 40: "…

(1) This chapter does not require the department to test every product procured. However, the department may accept from businesses, manufacturers, organizations, and individuals results obtained from an accredited laboratory or testing facility documenting product or product pac…

(1) The department of social and health services, the department of children, youth, and families, and the health care authority are each authorized to purchase interpreter services on behalf of limited English-speaking applicants and recipients of public assistance.(2) The depar…

(1) The department shall establish purchasing and procurement policies that provide a preference for products that:(a) Are not restricted under RCW 70A.60.060;(b) Do not contain hydrofluorocarbons or contain hydrofluorocarbons with a comparatively low global warming potential;(c)…

An agency, department, or institution of higher education that intends to contract out, or does contract out, for services that, on or after July 1, 2005, have been customarily and historically performed by employees in the classified service defined in RCW 41.06.020 must follow …

(1) Beginning July 1, 2024, all state agencies may only purchase plastic trash bags manufactured by producers that comply with the minimum recycled content requirements established in RCW 70A.245.020.(2) By July 1, 2024, the department of ecology shall provide to the department a…

(1) Before an agency shares with a contractor category 3 or higher data, as defined in policy established in accordance with RCW 43.105.054, a written data-sharing agreement must be in place. Such agreements shall conform to the policies for data sharing specified by the office o…

This act takes effect January 1, 2013.[ 2012 c 224 s 31.]

The following terms wherever used or referred to in RCW 39.28.010 through 39.28.030 shall have the following meaning unless a different meaning appears from the context.(1) The term "municipality" shall mean the state, a county, city, town, district or other municipal corporation…

Every municipality shall have power and is hereby authorized:(1) To accept from any federal agency grants for or in aid of the construction of any public works project;(2) To make contracts and execute instruments containing such terms, provisions, and conditions as in the discre…

The powers conferred by RCW 39.28.010 through 39.28.030 shall be in addition and supplemental to and not in substitution for the powers now or hereafter conferred upon any municipality by any other law. RCW 39.28.010 through 39.28.030 is intended to aid in relieving the existing …

The state of Washington, its various counties, municipal corporations, quasi municipal corporations, cities, towns, villages and all other political subdivisions of the state are hereby authorized to accept from the federal government all loans, advances, grants in aid, or donati…

Any city or town or metropolitan park district or county or library district may execute an executory conditional sales contract with a county or counties, the state or any of its political subdivisions, the government of the United States, or any private party for the purchase o…

In addition to any other remedies or penalties contained in any law, municipal charter, ordinance, resolution or other enactment, any municipal officer by or through whom or under whose supervision, in whole or in part, any contract is made in willful and intentional violation of…

(1) Whenever a unit of local government is required to make purchases from the lowest bidder or from the supplier offering the lowest price for the items desired to be purchased, the unit of local government may, at its option when awarding a purchase contract, take into consider…

Any municipality, as defined in RCW 39.04.010, may purchase any supplies, equipment, or materials at auctions conducted by the government of the United States or any agency thereof, any agency of the state of Washington, any municipality or other government agency, or any private…

Any contract by a governmental unit shall require the use of paper products to the maximum extent economically feasible that meet the specifications established by the department of enterprise services under RCW 39.26.255.[ 2015 c 225 s 41; 1982 c 61 s 4.]Notes:

(1) Every invitation to bid on a prime contract that is expected to cost $1,000,000 or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010 or an institution of higher …

This chapter does not apply to contracts entered into under RCW 36.102.060(4) or development agreements entered into under RCW 36.102.060(7).[ 1997 c 220 s 403 (Referendum Bill No. 48, approved June 17, 1997).]Notes:Referendum—Other legislation limited—Legislators' personal inten…