reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.070 - Account and record of cost.

RCW 39.04.070
Account and record of cost.
Whenever the state or any municipality shall execute any public work by any means or method other than by contract or small works roster, it shall cause to be kept and preserved a full, true and accurate account and record of the costs of executing such work in accordance with the budgeting, accounting, and reporting system provisions prescribed by law for the state agency or municipality.
[ 1986 c 282 § 4; 1923 c 183 § 6; RRS § 10322-6.]
NOTES:
State auditor to prescribe standard form for costs of public works: RCW 43.09.205.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.080 - Certified copy to be filed—Engineers' certificate.

RCW 39.04.080
Certified copy to be filed—Engineers' certificate.
A true copy of such account or record, duly certified by the officer or officers having by law authority to direct such work to be done, to be a full, true, and accurate account of the costs of executing such work shall be filed in the office where the original plans and specifications are filed within sixty days after the completion of the work.
The engineer or other officer having charge of the execution of such work shall execute a certificate which shall be attached to and filed with such certified copy, certifying that such work was executed in accordance with the plans and specifications on file and the times of commencement and completion of such work. If the work is not in accordance with such plans and specifications he or she shall set forth the manner and extent of the variance therefrom.
[ 2011 c 336 § 802; 1923 c 183 § 7; RRS § 10322-7.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.100 - Records open to public inspection—Certified copies.

RCW 39.04.100
Records open to public inspection—Certified copies.
All plans, specifications, estimates, and copies of accounts or records and all certificates attached thereto shall, when filed, become public records and shall at all reasonable times be subject to public inspection.
Certified copies of any estimate, account or record shall be furnished by the officer having the custody thereof to any person on demand and the payment of the legal fees for making and certifying the same.
[ 1923 c 183 § 9; RRS § 10322-9.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.105 - Competitive bidding—Written protests—Notice of contract execution.

RCW 39.04.105
Competitive bidding—Written protests—Notice of contract execution.
(1) Within two business days of the bid opening on a public works project that is the subject of competitive bids, the municipality must provide, if requested by a bidder, copies of the bids the municipality received for the project. The municipality shall then allow at least two full business days after providing bidders with copies of all bids before executing a contract for the project. Intermediate Saturdays, Sundays, and legal holidays are not counted.
(2) When a municipality receives a written protest from a bidder for a public works project that is the subject of competitive bids, the municipality must not execute a contract for the project with anyone other than the protesting bidder without first providing at least two full business days' written notice of the municipality's intent to execute a contract for the project; provided that the protesting bidder submits notice in writing of its protest no later than:
(a) Two full business days following bid opening, if no bidder requested copies of the bids received for the project under subsection (1) of this section; or
(b) Two full business days following when the municipality provided copies of the bids to those bidders requesting bids under subsection (1) of this section. Intermediate Saturdays, Sundays, and legal holidays are not counted.
[ 2019 c 434 § 13; 2003 c 300 § 1.]
NOTES:
Finding—Intent—2019 c 434: See note following RCW 35.23.352.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.107 - Competitive bidding—Bidder claiming error.

RCW 39.04.107
Competitive bidding—Bidder claiming error.
A low bidder on a public works project who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.
[ 2003 c 300 § 2.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.110 - Penalty for false entries.

RCW 39.04.110
Penalty for false entries.
Any director, supervisor, officer or employee of the state and any commissioner, trustee, supervisor, officer or employee of any municipality who shall knowingly make any false entry in any account or record required by this chapter or who shall knowingly certify to any false statement in any certificate required by this chapter, shall be guilty of a misdemeanor.
[ 1923 c 183 § 10; RRS § 10322-10.]
NOTES:
Falsifying accounts: RCW 42.20.070.
Misconduct of public officers: Chapter 42.20 RCW.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.120 - Change orders due to environmental protection requirements—Costs—Dispute resolution.

RCW 39.04.120
Change orders due to environmental protection requirements—Costs—Dispute resolution.
If the successful bidder must undertake additional work for public construction projects issued by the state of Washington, its authorities or agencies, or a political subdivision of the state due to the enactment of new environmental protection requirements or the amendment of existing environmental protection statutes, ordinances, or rules occurring after the submission of the successful bid, the awarding agency shall issue a change order setting forth the additional work that must be undertaken, which shall not invalidate the contract. The cost of such a change order to the awarding agency shall be determined in accordance with the provisions of the contract for change orders or, if no such provision is set forth in the contract, then the cost to the awarding agency shall be the contractor's costs for wages, labor costs other than wages, wage taxes, materials, equipment rentals, insurance, and subcontracts attributable to the additional activity plus a reasonable sum for overhead and profit. However, the additional costs to undertake work not specified in the contract documents shall not be approved unless written authorization is given the successful bidder prior to his or her undertaking such additional activity. In the event of a dispute between the awarding agency and the contractor, dispute resolution procedures may be commenced under the applicable terms of the construction contract, or, if the contract contains no such provision for dispute resolution, the then obtaining rules of the American arbitration association.
[ 2011 c 336 § 803; 1998 c 196 § 1; 1973 1st ex.s. c 62 § 1.]
NOTES:
Severability—1973 1st ex.s. c 62: "If any provision or part of this 1973 act shall be judged to be invalid or unconstitutional, such adjudication shall not affect the validity of any provision or part of this 1973 act not adjudged invalid or unconstitutional." [ 1973 1st ex.s. c 62 § 4.]
Delay due to litigation, change orders, costs, arbitration, termination: RCW 60.28.080.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.130 - Application of RCW 39.04.120.

RCW 39.04.130
Application of RCW 39.04.120.
RCW 39.04.120 shall take effect in ninety days but shall not apply to any contract awarded pursuant to an invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract.
[ 1973 1st ex.s. c 62 § 2.]
NOTES:
Severability—1973 1st ex.s. c 62: See note following RCW 39.04.120.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.133 - State capital improvement or construction projects—Product standards.

RCW 39.04.133
State capital improvement or construction projects—Product standards.
(1) The state's preferences for the purchase and use of recycled content products shall be included as a factor in the design and development of state capital improvement projects.
(2) If a construction project receives state public funding, the product standards, as provided in RCW 43.19A.020, shall apply to the materials used in the project, whenever the administering agency and project owner determine that such products would be cost-effective and are readily available.
(3) This section does not apply to contracts entered into by a municipality.
[ 2002 c 299 § 2; 1996 c 198 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.135 - Demolition projects—Recycling or reuse of materials.

RCW 39.04.135
Demolition projects—Recycling or reuse of materials.
Material from demolition projects shall be recycled or reused whenever practicable.
[ 1996 c 198 § 6.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.154 - Capital projects advisory review board—Review—Recommendations.

RCW 39.04.154
Capital projects advisory review board—Review—Recommendations. (Effective July 1, 2024.)
Beginning in 2025 and every five years thereafter, the capital projects advisory review board must review construction cost escalation data for Washington state, readily available in industry publications, roster utilization, and other appropriate data and metrics, and make recommendations to the appropriate committees of the legislature on adjustments to the contracting thresholds described in RCW 39.04.152.
[ 2023 c 395 § 16.]
NOTES:
Effective date—2023 c 395 §§ 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.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.156 - Small works roster manual—Notification to local governments.

RCW 39.04.156
Small works roster manual—Notification to local governments. (Effective until July 1, 2024.)
The *department of community, trade, and economic development, in cooperation with the municipal research and services center, shall prepare a small works roster manual and periodically notify the different types of local government authorized to use a small works roster process about this authority.
[ 2000 c 138 § 104.]
NOTES:
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.155.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.160 - Contracts subject to requirements established under office of minority and women's business enterprises.

RCW 39.04.160
Contracts subject to requirements established under office of minority and women's business enterprises.
(1) All contracts entered into under this chapter by the state on or after September 1, 1983, are subject to the requirements established under chapter 39.19 RCW.
(2) All contracts entered into under this chapter by the state on or after January 1, 2024, are subject to the requirements established under RCW 49.60.530.
[ 2023 c 468 § 3; 1983 c 120 § 11.]
NOTES:
Effective date—Applicability—Severability—Conflict with federal requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.162 - Awards of procurement contracts to veteran-owned businesses.

RCW 39.04.162
Awards of procurement contracts to veteran-owned businesses.
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 § 8.]
NOTES:
Purpose—Construction—2010 c 5: See notes following RCW 43.60A.010.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.170 - Application of chapter to performance-based contracts for energy equipment.

RCW 39.04.170
Application of chapter to performance-based contracts for energy equipment.
This chapter shall not apply to performance-based contracts, as defined in *RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.
[ 1985 c 169 § 5.]
NOTES:
*Reviser's note: RCW 39.35A.020 was amended by 2001 c 214 § 18, changing subsection (3) to subsection (4). RCW 39.35A.020 was amended by 2022 c 128 § 2, changing subsection (4) to subsection (6).
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.175 - Application of chapter to certain agreements relating to water pollution control, solid waste handling facilities.

RCW 39.04.175
Application of chapter to certain agreements relating to water pollution control, solid waste handling facilities.
This chapter does not apply to the selection of persons or entities to construct or develop water pollution control facilities or to provide water pollution control services under RCW 70A.140.040 or the selection of persons or entities to construct or develop solid waste handling facilities or to provide solid waste handling services under RCW 35.21.156 or under RCW 36.58.090.
[ 2021 c 65 § 26; 1989 c 399 § 11; 1986 c 244 § 13.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.180 - Trench excavations—Safety systems required.

RCW 39.04.180
Trench excavations—Safety systems required.
On public works projects in which trench excavation will exceed a depth of four feet, any contract therefor shall require adequate safety systems for the trench excavation that meet the requirements of the Washington industrial safety and health act, chapter 49.17 RCW. This requirement shall be included in the cost estimates and bidding forms as a separate item. The costs of trench safety systems shall not be considered as incidental to any other contract item and any attempt to include the trench safety systems as an incidental cost is prohibited.
[ 1988 c 180 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.190 - Purchase contract process—Other than formal sealed bidding.

RCW 39.04.190
Purchase contract process—Other than formal sealed bidding.
(1) This section provides a uniform process to award contracts for the purchase of any materials, equipment, supplies, or services by those municipalities that are authorized to use this process in lieu of the requirements for formal sealed bidding. The state statutes governing a specific type of municipality shall establish the maximum dollar thresholds of the contracts that can be awarded under this process, and may include other matters concerning the awarding of contracts for purchases, for the municipality.
(2) At least twice per year, the municipality shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of vendor lists and solicit the names of vendors for the lists. Municipalities shall by resolution establish a procedure for securing telephone or written quotations, or both, from at least three different vendors whenever possible to assure that a competitive price is established and for awarding the contracts for the purchase of any materials, equipment, supplies, or services to the lowest responsible bidder as defined in chapter 39.26 RCW. Immediately after the award is made, the bid quotations obtained shall be recorded, open to public inspection, and shall be available by telephone inquiry. A contract awarded pursuant to this section need not be advertised.
[ 2015 c 79 § 4; 1993 c 198 § 2; 1991 c 363 § 110.]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.200 - Small works roster or purchase contracts—Listing of contracts awarded required.

RCW 39.04.200
Small works roster or purchase contracts—Listing of contracts awarded required. (Effective until July 1, 2024.)
Any local government using the uniform process established in RCW 39.04.190 to award contracts for purchases must post a list of the contracts awarded under that process at least once every two months. Any state agency or local government using the small works roster process established in RCW 39.04.155 to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property must make available a list of the contracts awarded under that process at least once every year. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection.
[ 2000 c 138 § 103; 1993 c 198 § 3; 1991 c 363 § 111.]
NOTES:
Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.155.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Any local government using the uniform process established in RCW 39.04.190 to award contracts for purchases must post a list of the contracts awarded under that process at least once every two months. Any state agency or local government using the small works roster process established in RCW 39.04.151 through 39.04.154 to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property must make available a list of the contracts awarded under that process at least once every year. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection.
[ 2023 c 395 § 27; 2000 c 138 § 103; 1993 c 198 § 3; 1991 c 363 § 111.]
NOTES:
Effective date—2023 c 395 §§ 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.
Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.155.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.210 - Correctional facilities construction and repair—Findings.

RCW 39.04.210
Correctional facilities construction and repair—Findings.
The legislature recognizes that fair and open competition is a basic tenet of public works procurement, that such competition reduces the appearance of and opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically, and that effective monitoring mechanisms are important means of curbing any improprieties and establishing public confidence in the process by which contractual services are procured. The legislature finds that there will continue to exist a need for additional correctional facilities due to the inadequate capacity of existing correctional facilities to accommodate the predicted growth of offender populations and that it is necessary to provide public works contract options for the effective construction and repair of additional department of corrections facilities.
[ 1994 c 80 § 1; 1991 c 130 § 1.]
NOTES:
Severability—1994 c 80: "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." [ 1994 c 80 § 4.]
Effective date—1994 c 80: "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 immediately [March 23, 1994]." [ 1994 c 80 § 5.]
Severability—1991 c 130: "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." [ 1991 c 130 § 4.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.230 - Correctional facilities construction and repair—Alternative contracting method to remain in force until contracts completed.

RCW 39.04.230
Correctional facilities construction and repair—Alternative contracting method to remain in force until contracts completed.
Methods of public works contracting authorized by RCW 39.04.210 and 39.04.220 shall remain in full force and effect until completion of projects authorized on or before July 1, 1997.
[ 1994 c 80 § 3; 1991 c 130 § 3.]
NOTES:
Severability—Effective date—1994 c 80: See notes following RCW 39.04.210.
Severability—1991 c 130: See note following RCW 39.04.210.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.235 - Public works contracts—Unit priced contracts—When authorized—Bidding requirements.

RCW 39.04.235
Public works contracts—Unit priced contracts—When authorized—Bidding requirements.
(1) The following public bodies of the state of Washington are authorized to procure public works contracts under this chapter for the purpose of completing anticipated types of work based on hourly rates or unit pricing for one or more categories of work or trades:
(a) Every county public transportation authority as defined under RCW 36.57.010;
(b) Every public transportation benefit area as defined under RCW 36.57A.010; and
(c) Every regional transit authority as defined under RCW 81.112.020.
(2) A public body may procure public works with a unit priced contract under this section for the purpose of completing anticipated types of work based on hourly rates or unit pricing for one or more categories of work or trades.
(3) Unit priced contracts must be executed for an initial contract term not to exceed one year, with the public body having the option of extending or renewing the unit priced contract for one additional year.
(4) Invitations for unit price bids must include, for purposes of the bid evaluation, estimated quantities of the anticipated types of work or trades, and specify how the public body will issue or release work assignments, work orders, or task authorizations pursuant to a unit priced contract for projects, tasks, or other work based on the hourly rates or unit prices bid by the contractor. Contracts must be awarded to the lowest responsible bidder as provided in RCW 39.04.010. Whenever possible, the public body must invite at least one proposal from a certified minority or woman contractor who otherwise qualifies under this section.
(5) Unit priced contractors shall pay prevailing wages for all work that would otherwise be subject to the requirements of chapter 39.12 RCW. Prevailing wages for all work performed pursuant to each work order must be the prevailing wage rates in effect at the beginning date for each contract year. Unit priced contracts must have prevailing wage rates updated annually. Intents and affidavits for prevailing wages paid must be submitted annually for all work completed within the previous twelve-month period of the unit priced contract.
(6) All public works procured with a unit priced contract under this section must comply with all other applicable bid requirements.
(7) For the purposes of this section, "unit priced contract" means a competitively bid contract in which public works are anticipated on a recurring basis to meet the business or operational needs of the public body, under which the contractor agrees to a fixed period indefinite quantity delivery of work, at a defined unit price for each category of work.
[ 2019 c 434 § 9.]
NOTES:
Finding—Intent—2019 c 434: See note following RCW 35.23.352.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.240 - Public works contracts—Awarding of attorneys' fees.

RCW 39.04.240
Public works contracts—Awarding of attorneys' fees.
(1) The provisions of RCW 4.84.250 through 4.84.280 shall apply to an action arising out of a public works contract in which the state or a municipality, or other public body that contracts for public works, is a party, except that: (a) The maximum dollar limitation in RCW 4.84.250 shall not apply; and (b) in applying RCW 4.84.280, the time period for serving offers of settlement on the adverse party shall be the period not less than thirty days and not more than one hundred twenty days after completion of the service and filing of the summons and complaint.
(2) The rights provided for under this section may not be waived by the parties to a public works contract that is entered into on or after June 11, 1992, and a provision in such a contract that provides for waiver of these rights is void as against public policy. However, this subsection shall not be construed as prohibiting the parties from mutually agreeing to a clause in a public works contract that requires submission of a dispute arising under the contract to arbitration.
[ 1999 c 107 § 1; 1992 c 171 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.250 - Payments received on account of work performed by subcontractor—Disputed amounts—Remedies.

RCW 39.04.250
Payments received on account of work performed by subcontractor—Disputed amounts—Remedies.
(1) When payment is received by a contractor or subcontractor for work performed on a public work, the contractor or subcontractor shall pay to any subcontractor not later than ten days after the receipt of the payment, amounts allowed the contractor on account of the work performed by the subcontractor, to the extent of each subcontractor's interest therein.
(2) In the event of a good faith dispute over all or any portion of the amount due on a payment from the state or a municipality to the prime contractor, or from the prime contractor or subcontractor to a subcontractor, then the state or the municipality, or the prime contractor or subcontractor, may withhold no more than one hundred fifty percent of the disputed amount. Those not a party to a dispute are entitled to full and prompt payment of their portion of a draw, progress payment, final payment, or released retainage.
(3) In addition to all other remedies, any person from whom funds have been withheld in violation of this section shall be entitled to receive from the person wrongfully withholding the funds, for every month and portion thereof that payment including retainage is not made, interest at the highest rate allowed under RCW 19.52.025. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to costs of suit and reasonable attorneys' fees.
[ 1992 c 223 § 5.]
NOTES:
Effective date—1992 c 223: See note following RCW 39.76.011.
Waiver of rights, construction—Application—1992 c 223: See RCW 39.04.900 and 39.04.901.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.260 - Private construction performed pursuant to contract for rental, lease, or purchase by state—Must comply with prevailing wage law.

RCW 39.04.260
Private construction performed pursuant to contract for rental, lease, or purchase by state—Must comply with prevailing wage law.
Any work, construction, alteration, repair, or improvement, other than ordinary maintenance, that the state or a municipality causes to be performed by a private party through a contract to rent, lease, or purchase at least fifty percent of the project by one or more state agencies or municipalities shall comply with chapter 39.12 RCW.
[ 1993 c 110 § 1.]
NOTES:
Application—1993 c 110: "Section 1 of this act shall not apply to any project for which a call for competitive bids was made before July 25, 1993." [ 1993 c 110 § 2.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.270 - Electronic data processing and telecommunications systems—Municipalities—Acquisition method—Competitive negotiation—Findings, intent.

RCW 39.04.270
Electronic data processing and telecommunications systems—Municipalities—Acquisition method—Competitive negotiation—Findings, intent.
(1) The legislature finds that the unique aspects of electronic data processing and telecommunications systems and the importance of these systems for effective administration warrant separate acquisition authority for electronic data processing and telecommunication systems. It is the intent of the legislature that municipalities utilize an acquisition method for electronic data processing and telecommunication systems that is both competitive and compatible with the needs of the municipalities.
(2) A municipality may acquire electronic data processing or telecommunication equipment, software, or services through competitive negotiation rather than through competitive bidding.
(3) "Competitive negotiation," for the purposes of this section, shall include, as a minimum, the following requirements:
(a) A request for proposal shall be prepared and submitted to an adequate number of qualified sources, as determined by the municipality in its discretion, to permit reasonable competition consistent with the requirements of the procurement. Notice of the request for the proposal must be published in a newspaper of general circulation in the municipality at least thirteen days before the last date upon which proposals will be received. The request for proposal shall identify significant evaluation factors, including price, and their relative importance.
(b) The municipality shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for awarding the contract.
(c) The award shall be made to the qualified bidder whose proposal is most advantageous to the municipality with price and other factors considered. The municipality may reject any and all proposals for good cause and request new proposals.
[ 1996 c 257 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.280 - Competitive bidding requirements—Exemptions.

RCW 39.04.280
Competitive bidding requirements—Exemptions.
This section provides uniform exemptions to competitive bidding requirements utilized by municipalities when awarding contracts for public works and contracts for purchases. The statutes governing a specific type of municipality may also include other exemptions from competitive bidding requirements. The purpose of this section is to supplement and not to limit the current powers of any municipality to provide exemptions from competitive bidding requirements.
(1) Competitive bidding requirements may be waived by the governing body of the municipality for:
(a) Purchases that are clearly and legitimately limited to a single source of supply;
(b) Purchases involving special facilities or market conditions;
(c) Purchases in the event of an emergency;
(d) Purchases of insurance or bonds; and
(e) Public works in the event of an emergency.
(2)(a) The waiver of competitive bidding requirements under subsection (1) of this section may be by resolution or by the terms of written policies adopted by the municipality, at the option of the governing body of the municipality. If the governing body elects to waive competitive bidding requirements by the terms of written policies adopted by the municipality, immediately after the award of any contract, the contract and the factual basis for the exception must be recorded and open to public inspection.
If a resolution is adopted by a governing body to waive competitive bidding requirements under (b) of this subsection, the resolution must recite the factual basis for the exception. This subsection (2)(a) does not apply in the event of an emergency.
(b) If an emergency exists, the person or persons designated by the governing body of the municipality to act in the event of an emergency may declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the municipality to address the emergency situation. If a contract is awarded without competitive bidding due to an emergency, a written finding of the existence of an emergency must be made by the governing body or its designee and duly entered of record no later than two weeks following the award of the contract.
(3) For purposes of this section "emergency" means unforeseen circumstances beyond the control of the municipality that either: (a) Present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.
[ 1998 c 278 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.290 - Contracts for building engineering systems.

RCW 39.04.290
Contracts for building engineering systems.
(1) A state agency or local government may award contracts of any value for the design, fabrication, and installation of building engineering systems by: (a) Using a competitive bidding process or request for proposals process where bidders are required to provide final specifications and a bid price for the design, fabrication, and installation of building engineering systems, with the final specifications being approved by an appropriate design, engineering, and/or public regulatory body; or (b) using a competitive bidding process where bidders are required to provide final specifications for the final design, fabrication, and installation of building engineering systems as part of a larger project with the final specifications for the building engineering systems portion of the project being approved by an appropriate design, engineering, and/or public regulatory body. The provisions of chapter 39.80 RCW do not apply to the design of building engineering systems that are included as part of a contract described under this section.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Building engineering systems" means those systems where contracts for the systems customarily have been awarded with a requirement that the contractor provide final approved specifications, including fire alarm systems, building sprinkler systems, pneumatic tube systems, extensions of heating, ventilation, or air conditioning control systems, chlorination and chemical feed systems, emergency generator systems, building signage systems, pile foundations, and curtain wall systems.
(b) "Local government" means any county, city, town, school district, or other special district, municipal corporation, or quasi-municipal corporation.
(c) "State agency" means the department of enterprise services, the state parks and recreation commission, the department of fish and wildlife, the department of natural resources, any institution of higher education as defined under RCW 28B.10.016, and any other state agency delegated authority by the department of enterprise services to engage in building, renovation, remodeling, alteration, improvement, or repair activities.
[ 2015 c 225 § 35; 2001 c 34 § 1.]
NOTES:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.300 - Apprenticeship training programs—Purpose.

RCW 39.04.300
Apprenticeship training programs—Purpose.
A well-trained construction trades workforce is critical to the ability of the state of Washington to construct public works. Studies of the state's workforce highlight population trends that, without a concerted effort to offset them, will lead to an inadequate supply of skilled workers in the construction industry. State government regularly constructs public works. The efficient and economical construction of public works projects will be harmed if there is not an ample supply of trained construction workers. Apprenticeship training programs are particularly effective in providing training and experience to individuals seeking to enter or advance in the workforce. By providing for apprenticeship utilization on public works projects, state government can create opportunities for training and experience that will help assure that a trained workforce will be available, including returning veterans, in sufficient numbers in the future for the construction of public works. Furthermore, the state of Washington hereby establishes its intent to assist returning veterans through programs such as the "helmets to hardhats" program, which is administered by the center for military recruitment, assessment, and veterans employment. It is the state's intent to assist returning veterans with apprenticeship placement career opportunities, in order to expedite the transition from military service to the construction workforce.
[ 2006 c 321 § 1; 2005 c 3 § 1.]
NOTES:
Effective date—2005 c 3: "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 [February 24, 2005]." [ 2005 c 3 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.310 - Apprenticeship training programs—Definitions.

RCW 39.04.310
Apprenticeship training programs—Definitions.
The definitions in this section apply throughout this section and RCW 39.04.300 and 39.04.320 unless the context clearly requires otherwise.
(1) "Apprentice" means an apprentice enrolled in a state-approved apprenticeship training program.
(2) "Apprenticeship utilization plan" means a plan submitted by a prospective bidder specifically detailing verifiable efforts to meet the apprenticeship utilization requirements.
(3) "Apprentice utilization requirement" means the requirement that the appropriate percentage of labor hours be performed by apprentices.
(4) "Labor hours" means the total hours of workers receiving an hourly wage who are directly employed upon the public works project. "Labor hours" includes hours performed by workers employed by the contractor and all subcontractors working on the project. "Labor hours" does not include hours worked by foremen, superintendents, owners, and workers who are not subject to prevailing wage requirements.
(5) "School district" has the same meaning as in RCW 28A.315.025.
(6) "State-approved apprenticeship training program" means an apprenticeship training program approved by the Washington state apprenticeship council.
[ 2020 c 255 § 1; 2015 c 48 § 1; 2007 c 437 § 1; 2005 c 3 § 2.]
NOTES:
Effective date—2005 c 3: See note following RCW 39.04.300.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.330 - Use of wood products—Compliance with chapter 39.35D RCW.

RCW 39.04.330
Use of wood products—Compliance with chapter 39.35D RCW.
For purposes of determining compliance with chapter 39.35D RCW, the department of enterprise services shall credit the project for using wood products with a credible third party sustainable forest certification or from forests regulated under chapter 76.09 RCW, the Washington forest practices act.
[ 2015 c 225 § 37; 2005 c 12 § 11.]
NOTES:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.340 - Apprenticeship and training council outreach effort.

RCW 39.04.340
Apprenticeship and training council outreach effort.
The Washington state apprenticeship and training council shall lead and coordinate an outreach effort to educate returning veterans about apprenticeship and career opportunities in the construction industry. The outreach effort shall include information about the "helmets to hardhats" program and other paths for making the transition from military service to the construction workforce. The outreach effort shall be developed and coordinated with apprenticeship programs, other state agencies involved in workforce training, and representatives of contractors and labor.
[ 2006 c 321 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.360 - Payment of undisputed claims.

RCW 39.04.360
Payment of undisputed claims.
No later than thirty days after satisfactory completion of any additional work or portion of any additional work by a contractor on a public works project, the state or municipality shall issue a change order to the contract for the full dollar amount of the work not in dispute between the state or municipality and the contractor. If the state or municipality does not issue such a change order within the thirty days, interest must accrue on the dollar amount of the additional work satisfactorily completed and not in dispute until a change order is issued. The state or municipality shall pay this interest at a rate of one percent per month. For the purposes of this section, additional work is work beyond the scope defined in the contract between the contractor and the state or municipality.
[ 2009 c 193 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.400 - Repair or replacement of structurally deficient bridges.

RCW 39.04.400
Repair or replacement of structurally deficient bridges.
The repair or replacement of a city, town, or county bridge deemed structurally deficient, as defined in RCW 43.21C.470, may use the contracting process available under RCW 47.28.170.
[ 2015 c 144 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.410 - Public works projects—Pollinator habitat.

RCW 39.04.410
Public works projects—Pollinator habitat.
If a public works project includes landscaping, at least 25 percent of the planted area must be pollinator habitat to the extent practicable. For purposes of this section, "pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of all pollinators, including honey bees. The department of agriculture, in consultation with the conservation commission and the department of fish and wildlife, must develop a list of native forage plants that are pollen-rich or nectar-rich and beneficial for all pollinators, including honey bees.
[ 2021 c 278 § 7.]
NOTES:
Purpose—Intent—2021 c 278: See note following RCW 43.23.320.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.420 - Signage for 988 national suicide prevention and mental health crisis hotline.

RCW 39.04.420
Signage for 988 national suicide prevention and mental health crisis hotline. (Effective July 1, 2024.)
(1)(a) For any building, bridge, ferry, or park being constructed or replaced after July 1, 2024, as a public works project, there must be installed in appropriate locations signs displaying the 988 national suicide prevention and mental health crisis hotline.
(b) The public body as defined in RCW 39.10.210 in control of a public works project in this subsection must decide where signs under this section would be physically feasible and appropriate. The following facilities are recommended to have such signs:
(i) Bridges where suicides by jumping have occurred or are likely to occur; and
(ii) Locations that provide services to people that have high incidence of suicide or mental health conditions that would benefit from knowing about the hotline.
(c) The signs must be designed to communicate that dialing 988 on a telephone will connect callers to behavioral health and suicide prevention services as provided in accordance with state and federal laws governing the 988 number.
(d) If a sign is located along a state highway or the interstate system, the department of transportation must approve the location prior to erecting the sign, but no permit is necessary.
(e) Signs created under this section may not conflict with provisions of the manual of uniform traffic control devices or existing state laws related to placement and design of signs.
(2) This section does not create a private right of action by, or a legal duty to, any party, and may not be used to impose liability on the public body if a sign has or has not been erected on its property. The state of Washington, including all of its agencies, subdivisions, employees, and agents, shall not be liable in tort for any violation of this section, notwithstanding any other provision of law.
(3) The public body may accept gifts or donations to pay for the creation, installation, or maintenance of signs under this section.
[ 2022 c 191 § 11.]
NOTES:
Effective date—2022 c 191 § 11: "Section 11 of this act takes effect July 1, 2024." [ 2022 c 191 § 14.]
Findings—Intent—2022 c 191: See note following RCW 43.60A.260.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.900 - Rights may not be waived—Construction—1992 c 223.

RCW 39.04.900
Rights may not be waived—Construction—1992 c 223.
(1) The rights provided in chapter 223, Laws of 1992 may not be waived by the parties and a contract provision that provides for waiver of the rights provided in chapter 223, Laws of 1992 is void as against public policy.
(2) Chapter 223, Laws of 1992 is to be liberally construed to provide security for all parties intended to be protected by its provisions.
[ 1992 c 223 § 6.]
NOTES:
Effective date—1992 c 223: See note following RCW 39.76.011.
Application—1992 c 223: See RCW 39.04.901.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.04 - Public Works. › 39.04.901 - Application—1992 c 223.

RCW 39.04.901
Application—1992 c 223.
RCW 39.76.011, 60.28.011, 60.28.021, 60.28.051, 39.04.250, and 39.04.900 are applicable to all public works contracts entered into on or after September 1, 1992, relating to the construction of any work of improvement.
[ 2009 c 219 § 1; 1992 c 223 § 7.]
NOTES:
Effective date—1992 c 223: See note following RCW 39.76.011.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.06 - Public Works—Registration, Licensing, of Contractors. › 39.06.010 - Contracts with unregistered or unlicensed contractors and with other violators prohibited.

RCW 39.06.010
Contracts with unregistered or unlicensed contractors and with other violators prohibited.
No agency of the state or any of its political subdivisions may execute a contract:
(1) With any contractor who is not registered or licensed as may be required by the laws of this state other than contractors on highway projects who have been prequalified as required by RCW 47.28.070, with the department of transportation to perform highway construction, reconstruction, or maintenance; or
(2) For two years from the date that a violation is finally determined, with any person or entity who has been determined by the respective administering agency to have violated RCW 50.12.070(1)(b), 51.16.070(1)(b), or * 82.32.070(1)(b). During this two-year period, the person or entity may not be permitted to bid, or have a bid considered, on any public works contract.
[ 1997 c 54 § 1; 1984 c 7 § 43; 1967 c 70 § 3.]
NOTES:
*Reviser's note: RCW 82.32.070 was amended by 1999 c 358 § 14, changing subsection (1)(b) to subsection (2).
Construction building permits—Cities, towns or counties prohibited from issuing without verification of registration: RCW 18.27.110.