reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.102 - Exemption—Department of corrections.

RCW 39.26.102
Exemption—Department of corrections.
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 § 220; 1989 c 185 § 2; 1981 c 136 § 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43.19.190, 43.19.1901, 43.19.1905, 43.19.1906, 43.19.1908, 43.19.1911, 43.19.1913, 43.19.1915, and 43.19.200 were repealed by 2012 c 224 § 29, effective January 1, 2013.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.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.110 - Training.

RCW 39.26.110
Training.
(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 § 12.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.120 - Competitive solicitation.

RCW 39.26.120
Competitive solicitation.
(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 § 13.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.130 - Emergency purchases.

RCW 39.26.130
Emergency purchases.
(1) An agency may make emergency purchases as defined in subsection (3) of this section. When an emergency purchase is made, the agency head shall submit written notification of the purchase within three 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 three working days following the commencement of work or execution of the contract, whichever occurs first.
(3) 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.
[ 2012 c 224 § 15.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.140 - Sole source contracts.

RCW 39.26.140
Sole source contracts.
(1) Agencies must submit sole source contracts to the department and make the contracts available for public inspection not less than ten 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.
[ 2012 c 224 § 16.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.150 - Public notice—Posting on enterprise vendor registration and bid notification system.

RCW 39.26.150
Public notice—Posting on enterprise vendor registration and bid notification system.
(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 § 17.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.170 - Complaints—Protests.

RCW 39.26.170
Complaints—Protests.
(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 § 19.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.190 - Bonds.

RCW 39.26.190
Bonds.
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 § 21.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.210 - List of agency contracts—Contract audits.

RCW 39.26.210
List of agency contracts—Contract audits.
(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 § 23.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.220 - Contract audit and investigative findings, enforcement actions, and status of agency resolution—Report.

RCW 39.26.220
Contract audit and investigative findings, enforcement actions, and status of agency resolution—Report.
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 § 24.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.230 - Purchases from entities serving or providing opportunities through community rehabilitation programs.

RCW 39.26.230
Purchases from entities serving or providing opportunities through community rehabilitation programs.
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 § 226; 2005 c 204 § 2; 2003 c 136 § 3; 1977 ex.s. c 10 § 2; 1974 ex.s. c 40 § 3. Formerly RCW 43.19.530.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.235 - Purchase of wireless devices or services.

RCW 39.26.235
Purchase of wireless devices or services.
(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 the office of the chief information officer 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.
[ 2012 c 229 § 584; 2011 1st sp.s. c 43 § 734; 2010 c 282 § 2. Formerly RCW 43.19.797, 43.105.410.]
NOTES:
Effective date—2012 c 229 §§ 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.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.240 - Awards of procurement contracts to veteran-owned businesses.

RCW 39.26.240
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 § 9. Formerly RCW 39.29.052.]
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 39.26 - Procurement of Goods and Services. › 39.26.245 - Awards of procurement contracts to office of minority and women's business enterprises.

RCW 39.26.245
Awards of procurement contracts to office of minority and women's business enterprises.
(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 § 2; 2010 c 5 § 6; 1983 c 120 § 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.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.250 - Preferences—Purchase of goods and services from inmate work programs.

RCW 39.26.250
Preferences—Purchase of goods and services from inmate work programs.
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 § 15. Formerly RCW 43.19.535.]
NOTES:
Effective date—1981 c 136: See RCW 72.09.900.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.251 - Purchase of articles or products from inmate work programs—Replacement of goods and services obtained from outside the state—Rules.

RCW 39.26.251
Purchase of articles or products from inmate work programs—Replacement of goods and services obtained from outside the state—Rules.
(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 § 7; 2012 c 220 § 1. Prior: 2011 1st sp.s. c 43 § 227; 2011 c 367 § 707; 2009 c 470 § 717; 1993 sp.s. c 20 § 1; 1986 c 94 § 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 47.29.170.
Effective date—2009 c 470: See note following RCW 46.68.170.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.255 - Preferences—Purchase of products containing recycled material—Directory of suppliers—Rules.

RCW 39.26.255
Preferences—Purchase of products containing recycled material—Directory of suppliers—Rules.
(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 § 8; 2011 1st sp.s. c 43 § 228; 1991 c 297 § 5; 1988 c 175 § 2; 1987 c 505 § 26; 1982 c 61 § 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 § 4.]
Recycled product procurement: Chapter 43.19A RCW.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.260 - Preferences—In-state procurement.

RCW 39.26.260
Preferences—In-state procurement.
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 § 1. Formerly RCW 43.19.700.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.265 - Preferences—Purchase of electronic products meeting environmental performance standards—Requirements for surplus electronic products.

RCW 39.26.265
Preferences—Purchase of electronic products meeting environmental performance standards—Requirements for surplus electronic products.
(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 surplus electronic products, other than those sold individually to private citizens, are managed only by registered transporters and by processors meeting the requirements of RCW 70A.500.250.
(3) The department shall ensure that their surplus electronic products are directed to legal secondary materials markets by requiring a chain of custody record that documents to whom the products were initially delivered through to the end use manufacturer.
[ 2021 c 65 § 27; 2011 1st sp.s. c 43 § 229; 2006 c 183 § 36. Formerly RCW 43.19.539.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Construction—Effective date—2006 c 183: See RCW 70A.500.900 and 70A.500.901.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.270 - List of statutes and regulations of each state that grants preference to in-state vendors.

RCW 39.26.270
List of statutes and regulations of each state that grants preference to in-state vendors.
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 twelve months the director shall update the list.
[ 2011 1st sp.s. c 43 § 240; 1983 c 183 § 2. Formerly RCW 43.19.702.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.271 - Rules for reciprocity in bidding.

RCW 39.26.271
Rules for reciprocity in bidding.
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 rules shall provide for reciprocity only to the extent and in those instances where the director considers it appropriate. For the purpose of determining the lowest responsible bidder pursuant to RCW 39.26.160, such rules shall (1) require the director to impose a reciprocity increase on bids when appropriate under the rules and (2) establish methods for determining the amount of the increase. In no instance shall such increase, if any, be paid to a vendor whose bid is accepted.
[ 2015 c 79 § 9; 2011 1st sp.s. c 43 § 241; 1983 c 183 § 3. Formerly RCW 43.19.704.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.280 - Preference—Products and products in packaging that does not contain polychlorinated biphenyls—Limitations—Products and products in packaging containing polychlorinated biphenyls.

RCW 39.26.280
Preference—Products and products in packaging that does not contain polychlorinated biphenyls—Limitations—Products and products in packaging containing polychlorinated biphenyls.
(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 polychlorinated biphenyls above the practical quantification limit except when it is not cost-effective or technically feasible to do so.
(3) Nothing in this section requires the department or any other state agency to breach an existing contract or dispose of stock that has been ordered or is in the possession of the department or other state agency as of June 12, 2014.
[ 2014 c 135 § 3.]
NOTES:
Findings—2014 c 135: "Polychlorinated biphenyls, commonly known as PCBs, are a family of human-made organic chemicals that were used in many industrial and commercial products such as insulating fluids for electric transformers and capacitors, hydraulic fluids, plasticizers, paint additives, lubricants, inks, caulk, and carbonless copy paper. PCBs were used because of their fire resistance, chemical stability, and electrical insulating properties. PCBs are also found in products as an unintentional by-product of manufacturing processes. PCBs are ubiquitous in the environment because of their stability, extensive previous use, by-production in manufacturing, inadvertent release, and the inability to control and eliminate them through current waste management practices. PCBs are persistent, bioaccumulative, and toxic, and they cycle between the air, soil, and water. PCBs have been shown to cause cancer and affect the human immune, reproductive, nervous, and endocrine systems. The United States toxic substances control act prohibited the commercial production of PCBs in 1979. However, the United States environmental protection agency rules implementing the ban provides exemptions for certain products containing PCBs at concentrations of fifty parts per million or less as a result of manufacturing processes and therefore the continued manufacture, processing, distribution, and use of products containing PCBs remains permitted." [ 2014 c 135 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.285 - Purchases of goods and services from nonprofit agencies for the blind.

RCW 39.26.285
Purchases of goods and services from nonprofit agencies for the blind.
(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 § 1.]
NOTES:
Construction—2016 c 40: "Nothing in this act requires the department of enterprise services or any other public agency to breach an existing contract or dispose of stock that has been ordered or is in the possession of the department or other agency as of June 9, 2016." [ 2016 c 40 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.290 - Tests and data of products procured.

RCW 39.26.290
Tests and data of products procured.
(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 packaging polychlorinated biphenyl levels.
(2) The department may request suppliers of products to provide testing data from an accredited laboratory or testing facility documenting product or product packaging polychlorinated biphenyl levels.
[ 2014 c 135 § 4.]
NOTES:
Findings—2014 c 135: See note following RCW 39.26.280.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.310 - Purchasing and procurement policies—Products containing hydrofluorocarbons—Report to the legislature.

RCW 39.26.310
Purchasing and procurement policies—Products containing hydrofluorocarbons—Report to the legislature.
(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) Are not designed to function only in conjunction with hydrofluorocarbons characterized by a comparatively high global warming potential; and
(d) Were not manufactured using hydrofluorocarbons or were manufactured using hydrofluorocarbons with a low global warming potential.
(2) No agency may knowingly purchase products that are not accorded a preference in the purchasing and procurement policies established by the department pursuant to subsection (1) of this section, unless there is no cost-effective and technologically feasible option that is accorded a preference.
(3) The department shall establish a purchasing and procurement policy that provides a preference, in serving existing equipment, for a reclaimed refrigerant that meets the minimum quality requirement established in federal regulations adopted under 42 U.S.C. Sec. 7671(g).
(4)(a) Nothing in subsection (1) of this section requires the department or any other state agency to breach an existing contract or dispose of stock that has been ordered or is in the possession of the department or other state agency as of July 28, 2019.
(b) Nothing in subsection (3) of this section requires the department or any other state agency to breach an existing contract or dispose of stock that has been ordered or is in the possession of the department or other state agency as of July 28, 2021.
(5) By December 1, 2020, and each December 1st of even-numbered years thereafter, the department must submit a status report to the appropriate committees of the house of representatives and senate regarding the implementation and compliance of the department and state agencies with this section.
[ 2021 c 315 § 19; 2021 c 65 § 28; 2019 c 284 § 9.]
NOTES:
Reviser's note: This section was amended by 2021 c 65 § 28 and by 2021 c 315 § 19, 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).
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Finding—Intent—2019 c 284: See notes following RCW 70A.60.060.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.320 - Contracting for services—Employees in classified service—Procedures and criteria.

RCW 39.26.320
Contracting for services—Employees in classified service—Procedures and criteria.
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 procedures and meet criteria established under RCW 41.06.142.
[ 2020 c 269 § 5.]
NOTES:
Intent—Finding—Application—2020 c 269: See notes following RCW 41.06.142.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.330 - Postconsumer recycled content in plastic trash bags—Purchasing priority.

RCW 39.26.330
Postconsumer recycled content in plastic trash bags—Purchasing priority.
(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 list of the plastic trash bag producer brands that comply with the minimum recycled content requirements established in RCW 70A.245.020, in order for state agencies to purchase compliant products, updated annually.
[ 2021 c 313 § 8.]
NOTES:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.340 - Data-sharing agreements—When required.

RCW 39.26.340
Data-sharing agreements—When required.
(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 of cybersecurity under the authority of RCW 43.105.054.
(2) Nothing in this section shall be construed as limiting audit authorities under chapter 43.09 RCW.
[ 2021 c 291 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.900 - Effective date—2012 c 224.

RCW 39.26.900
Effective date—2012 c 224.
This act takes effect January 1, 2013.
[ 2012 c 224 § 31.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.28 - Emergency Public Works. › 39.28.030 - Construction of act.

RCW 39.28.030
Construction of act.
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 emergency by simplifying the procedure for the construction and financing of public works projects. RCW 39.28.010 through 39.28.030 is remedial in nature and the powers hereby granted shall be liberally construed. Nothing in RCW 39.28.010 through 39.28.030 shall be construed to authorize the issuance of bonds for any purpose by any municipality not authorized to issue bonds for such purpose under any other law heretofore or hereafter enacted, nor to dispense with the approval by a state department, board, officer or commission of a public works project where such approval is necessary under provisions of existing law: PROVIDED, That any port district which is now indebted in an amount equal to or in excess of the indebtedness which may be contracted without a vote of the electors of the district is hereby authorized, for the purposes of RCW 39.28.010 through 39.28.030, through its governing body, to contract a further indebtedness and borrow money for port purposes and issue general bonds therefor, as in RCW 39.28.010 through 39.28.030 provided, in an additional amount not exceeding three-sixteenths of one percent of the value of the taxable property in the district, as the term "value of the taxable property" is defined in RCW 39.36.015, without the assent of the voters of the district: PROVIDED, FURTHER, That such additional indebtedness together with the existing indebtedness of such port district shall not exceed the total indebtedness permitted to be incurred by such port district under existing laws.
[ 1970 ex.s. c 42 § 25; 1937 c 107 § 4; RRS § 10322A-10. Prior: 1935 c 107 § 4; RRS § 10322A-4.]
NOTES:
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.
Short title—Severability—1937 c 107: See notes following RCW 39.28.010.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.28 - Emergency Public Works. › 39.28.040 - Loans and grants to finance preliminary public works expenditures.

RCW 39.28.040
Loans and grants to finance preliminary public works expenditures.
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 donations that may be made available by any federal agency for the purpose of financing the cost of architectural, engineering, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other acts preliminary to the construction of public works.
[ 1971 c 76 § 5; 1945 c 106 § 1; Rem. Supp. 1945 § 10322-45.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.30 - Contracts—Indebtedness Limitations—Competitive Bidding Violations. › 39.30.010 - Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.

RCW 39.30.010
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
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 of any real or personal property, or property rights in connection with the exercise of any powers or duties which they now or hereafter are authorized to exercise, if the entire amount of the purchase price specified in such contract does not result in a total indebtedness in excess of three-fourths of one percent of the value of the taxable property in such library district or the maximum amount of nonvoter-approved indebtedness authorized in such county, city, town, or metropolitan park district. If such a proposed contract would result in a total indebtedness in excess of this amount, a proposition in regard to whether or not such a contract may be executed shall be submitted to the voters for approval or rejection in the same manner that bond issues for capital purposes are submitted to the voters. Any city or town or metropolitan park district or county or library district may jointly execute contracts authorized by this section, if the entire amount of the purchase price does not result in a joint total indebtedness in excess of the nonvoter-approved indebtedness limitation of any city, town, metropolitan park district, county, or library district that participates in the jointly executed contract. The term "value of the taxable property" shall have the meaning set forth in RCW 39.36.015.
[ 1997 c 361 § 2; 1970 ex.s. c 42 § 26; 1963 c 92 § 1; 1961 c 158 § 1.]
NOTES:
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.30 - Contracts—Indebtedness Limitations—Competitive Bidding Violations. › 39.30.020 - Contracts requiring competitive bidding or procurement of services—Violations by municipal officer—Penalties.

RCW 39.30.020
Contracts requiring competitive bidding or procurement of services—Violations by municipal officer—Penalties.
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 any law, municipal charter, ordinance, resolution or other enactment requiring competitive bidding or procurement procedures for consulting, architectural, engineering, or other services, upon such contract shall be held liable to a civil penalty of not less than three hundred dollars and may be held liable, jointly and severally with any other such municipal officer, for all consequential damages to the municipal corporation. If, as a result of a criminal action, the violation is found to have been intentional, the municipal officer shall immediately forfeit his or her office. For purposes of this section, "municipal officer" means an "officer" or "municipal officer" as those terms are defined in RCW 42.23.020(2).
[ 2008 c 130 § 2; 1974 ex.s. c 74 § 1.]
NOTES:
Contracts by cities or towns, bidding requirements: RCW 35.23.352.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.30 - Contracts—Indebtedness Limitations—Competitive Bidding Violations. › 39.30.040 - Purchases—Competitive bidding—Consideration of tax revenues—Purchase of recycled or reused materials or products—Definitions.

RCW 39.30.040
Purchases—Competitive bidding—Consideration of tax revenues—Purchase of recycled or reused materials or products—Definitions.
(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 consideration tax revenue it would receive from purchasing the supplies, materials, or equipment from a supplier located within its boundaries. The unit of local government must award the purchase contract to the lowest bidder after such tax revenue has been considered. However, any local government may allow for preferential purchase of products made from recycled materials or products that may be recycled or reused. Any local government may allow for preferential purchase of compost to meet the requirements of RCW 43.19A.120. Any unit of local government which considers tax revenue it would receive from the imposition of taxes upon a supplier located within its boundaries must also consider tax revenue it would receive from taxes it imposes upon a supplier located outside its boundaries.
(2) A unit of local government may award a contract to a bidder submitting the lowest bid before taxes are applied. The unit of local government must provide notice of its intent to award a contract based on this method prior to bids being submitted. For the purposes of this subsection (2), "taxes" means only those taxes that are included in "tax revenue" as defined in this section.
(3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Tax revenue" means sales taxes that units of local government impose upon the sale of supplies, materials, or equipment from the supplier to units of local government, and business and occupation taxes that units of local government impose upon the supplier that are measured by the gross receipts of the supplier from the sale.
(b) "Unit of local government" means any county, city, town, metropolitan municipal corporation, public transit benefit area, county transportation authority, or other municipal or quasi-municipal corporation authorized to impose sales and use taxes or business and occupation taxes.
[ 2022 c 180 § 702; 2013 c 24 § 1; 1989 c 431 § 58; 1985 c 72 § 1.]
NOTES:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.30 - Contracts—Indebtedness Limitations—Competitive Bidding Violations. › 39.30.045 - Purchase at auctions.

RCW 39.30.045
Purchase at auctions.
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 party without being subject to public bidding requirements if the items can be obtained at a competitive price.
[ 1993 c 198 § 4; 1991 c 363 § 112.]
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 39.30 - Contracts—Indebtedness Limitations—Competitive Bidding Violations. › 39.30.050 - Contracts to require use of paper products meeting certain specifications.

RCW 39.30.050
Contracts to require use of paper products meeting certain specifications.
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 § 41; 1982 c 61 § 4.]
NOTES:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.30 - Contracts—Indebtedness Limitations—Competitive Bidding Violations. › 39.30.070 - Exceptions—Contracts or development agreements related to stadium and exhibition center.

RCW 39.30.070
Exceptions—Contracts or development agreements related to stadium and exhibition center.
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 § 403 (Referendum Bill No. 48, approved June 17, 1997).]
NOTES:
Referendum—Other legislation limited—Legislators' personal intent not indicated—Reimbursements for election—Voters' pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803.