reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.070 - Fees authorized for approvals, certifications, and arbitrations.

RCW 39.12.070
Fees authorized for approvals, certifications, and arbitrations.
(1) The department of labor and industries may charge fees to awarding agencies on public works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid. The department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The amount of the fees shall be established by rules adopted by the department under the procedures in the administrative procedure act, chapter 34.05 RCW. Except as provided in subsection (3) of this section, the fees shall apply to all approvals, certifications, and arbitration requests made after the effective date of the rules. All fees shall be deposited in the public works administration account. The department may refuse to arbitrate for contractors, subcontractors, persons, or organizations which have not paid the proper fees. The department may, if necessary, request the attorney general to take legal action to collect delinquent fees.
(2) The department shall set the fees permitted by this section at a level that generates revenue that is as near as practicable to the amount of the appropriation to administer this chapter, including, but not limited to, the performance of adequate wage surveys, and to investigate and enforce all alleged violations of this chapter, including, but not limited to, incorrect statements of intent to pay prevailing wage, incorrect certificates of affidavits of wages paid, and wage claims, as provided for in this chapter and chapters 49.48 and 49.52 RCW. However, the fees charged for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid shall be forty dollars or less, as determined by the director of labor and industries in accordance with this subsection. For the 2019-2021 biennium, the fees shall not be more than twenty dollars.
(3) If, at the time an individual or entity files an affidavit of wages paid, the individual or entity is exempt from the requirement to pay the prevailing rate of wage under RCW 39.12.020, the department of labor and industries may not charge a fee to certify the affidavit of wages paid.
[ 2019 c 193 § 1; 2014 c 148 § 1; 2008 c 285 § 2; 2006 c 230 § 1; 1993 c 404 § 1; 1982 1st ex.s. c 38 § 1.]
NOTES:
Effective date—2008 c 285 § 2: "Section 2 of this act takes effect July 1, 2008." [ 2008 c 285 § 3.]
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—2006 c 230: "This act takes effect July 1, 2007." [ 2006 c 230 § 3.]
Effective date—1993 c 404: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 c 404 § 4.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.080 - Public works administration account.

RCW 39.12.080
Public works administration account.
The public works administration account is created in the state treasury. The department of labor and industries shall deposit in the account all moneys received from fees or civil penalties collected under RCW 39.12.050, 39.12.065, and 39.12.070. Appropriations from the account may be made only for the purposes of administration of this chapter, including, but not limited to, the performance of adequate wage surveys, and for the investigation and enforcement of all alleged violations of this chapter as provided for in this chapter and chapters 49.48 and 49.52 RCW. During the 2017-2019 fiscal biennium the legislature may direct the state treasurer to make transfers of moneys in the public works administration account to the state general fund. It is the intent of the legislature to use the moneys transferred in the 2017-2019 biennium to support apprenticeship programs.
[ 2018 c 299 § 923; 2006 c 230 § 2; 2001 c 219 § 3; 1993 c 404 § 2.]
NOTES:
Effective date—2018 c 299: See note following RCW 43.41.433.
Effective date—2006 c 230: See note following RCW 39.12.070.
Effective date—1993 c 404: See note following RCW 39.12.070.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.100 - Independent contractors—Criteria.

RCW 39.12.100
Independent contractors—Criteria.
For the purposes of this chapter, an individual employed on a public works project is not considered to be a laborer, worker, or mechanic when:
(1) The individual has been and is free from control or direction over the performance of the service, both under the contract of service and in fact;
(2) The service is either outside the usual course of business for the contractor or contractors for whom the individual performs services, or the service is performed outside all of the places of business of the enterprise for which the individual performs services, or the individual is responsible, both under the contract and in fact, for the costs of the principal place of business from which the service is performed;
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of service, or the individual has a principal place of business for the business the individual is conducting that is eligible for a business deduction for federal income tax purposes other than that furnished by the employer for which the business has contracted to furnish services;
(4) On the effective date of the contract of service, the individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a schedule of expenses with the internal revenue service for the type of business the individual is conducting;
(5) On the effective date of the contract of service, or within a reasonable period after the effective date of the contract of service, the individual has an active and valid certificate of registration with the department of revenue, and an active and valid account with any other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington;
(6) On the effective date of the contract of service, the individual is maintaining a separate set of books or records that reflect all items of income and expenses of the business which the individual is conducting; and
(7) On the effective date of the contract of service, if the nature of the work performed requires registration under chapter 18.27 RCW or licensure under chapter 18.106, 19.28, or 70.87 RCW, the individual has the contractor registration and contractor licenses required by the laws of this state including chapters 18.27, 18.106, 19.28, and 70.87 RCW.
[ 2023 c 88 § 6; 2009 c 63 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.110 - Failure to provide or allow inspection of records.

RCW 39.12.110
Failure to provide or allow inspection of records.
Any employer, contractor, or subcontractor who fails to provide requested records, or fails to allow adequate inspection of records in an investigation by the department of labor and industries under this chapter within sixty calendar days of service of the department's request may not use the records in any proceeding under this chapter to challenge the correctness of any determination by the department that wages are owed, that a record or statement is false, or that the employer, contractor, or subcontractor has failed to file a record or statement.
[ 2011 c 92 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.12 - Prevailing Wages on Public Works. › 39.12.120 - Payroll records—Filing—Noncompliance.

RCW 39.12.120
Payroll records—Filing—Noncompliance.
(1) Each contractor, subcontractor, or employer shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the employee's full name, address, social security number, trade or occupation, classification, straight and overtime rates, hourly rate of usual benefits, and hours worked each day and week, including any employee authorizations executed pursuant to RCW 49.28.065, and the actual gross wages, itemized deductions, withholdings, and net wages paid, for each laborer, worker, and mechanic employed by the contractor for work performed on a public works project.
(2) A contractor, subcontractor, or employer shall file a copy of its certified payroll records using the department of labor and industries' online system at least once per month. If the department of labor and industries' online system is not used, a contractor, subcontractor, or employer shall file a copy of its certified payroll records directly with the department of labor and industries in a format approved by the department of labor and industries at least once per month.
(3) A contractor, subcontractor, or employer's noncompliance with this section constitutes a violation of RCW 39.12.050.
[ 2019 c 242 § 5.]
NOTES:
Effective date—Findings—2019 c 242: See notes following RCW 39.12.010.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.010 - Intent.

RCW 39.19.010
Intent.
The legislature finds that minority and women-owned businesses are significantly underrepresented and have been denied equitable competitive opportunities in contracting. It is the intent of this chapter to mitigate societal discrimination and other factors in participating in public works and in providing goods and services and to delineate a policy that an increased level of participation by minority and women-owned and controlled businesses is desirable at all levels of state government. The purpose and intent of this chapter are to provide the maximum practicable opportunity for increased participation by minority and women-owned and controlled businesses in participating in public works and the process by which goods and services are procured by state agencies and educational institutions from the private sector.
[ 1987 c 328 § 1; 1983 c 120 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.020 - Definitions.

RCW 39.19.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advisory committee" means the advisory committee on minority and women's business enterprises.
(2) "Broker" means a person that provides a bona fide service, such as professional, technical, consultant, brokerage, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for performance of a contract.
(3) "Contractor" means an individual or entity granted state certification and awarded either a direct contract with an agency or an indirect contract as a subcontractor to perform a service or provide goods.
(4) "Debar" means to prohibit a contractor, individual, or other entity from submitting a bid, having a bid considered, or entering into a state contract during a specified period of time as set forth in a debarment order.
(5) "Director" means the director of the office of minority and women's business enterprises.
(6) "Educational institutions" means the state universities, the regional universities, The Evergreen State College, and the community colleges.
(7) "Goals" means annual overall agency goals, expressed as a percentage of dollar volume, for participation by minority and women-owned and controlled businesses and shall not be construed as a minimum goal for any particular contract or for any particular geographical area. It is the intent of this chapter that such overall agency goals shall be achievable and shall be met on a contract-by-contract or class-of-contract basis.
(8) "Goods and/or services" includes professional services and all other goods and services.
(9) "Office" means the office of minority and women's business enterprises.
(10) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons.
(11) "Procurement" means the purchase, lease, or rental of any goods or services.
(12) "Public works" means all work, construction, highway and ferry construction, alteration, repair, or improvement other than ordinary maintenance, which a state agency or educational institution is authorized or required by law to undertake.
(13) "State agency" includes the state of Washington and all agencies, departments, offices, divisions, boards, commissions, and correctional and other types of institutions.
[ 2021 c 160 § 1; 2019 c 434 § 2; 1996 c 69 § 4; 1987 c 328 § 2; 1983 c 120 § 2.]
NOTES:
Finding—Intent—2019 c 434: See note following RCW 35.23.352.
Intent—1996 c 69: See note following RCW 39.19.030.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.041 - Ad hoc advisory committees.

RCW 39.19.041
Ad hoc advisory committees.
The director may establish ad hoc advisory committees, as necessary, to assist in the development of policies to carry out the purposes of this chapter.
[ 1995 c 269 § 1302.]
NOTES:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.050 - Standard clauses required in requests for proposals, advertisements, and bids.

RCW 39.19.050
Standard clauses required in requests for proposals, advertisements, and bids.
The rules adopted under RCW 39.19.030 shall include requirements for standard clauses in requests for proposals, advertisements, bids, or calls for bids, necessary to carry out the purposes of this chapter, which shall include notice of the statutory penalties under RCW 39.19.080 and 39.19.090 for noncompliance.
[ 1983 c 120 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.060 - Compliance with public works and procurement goals—Plan to maximize opportunity for minority and women-owned businesses.

RCW 39.19.060
Compliance with public works and procurement goals—Plan to maximize opportunity for minority and women-owned businesses.
(1) Each state agency and educational institution shall comply with the annual goals established for that agency or institution under this chapter for public works and procuring goods or services. This chapter applies to all public works and procurement by state agencies and educational institutions, including all contracts and other procurement under chapters 28B.10, 39.04, 39.26, 43.19, and 47.28 RCW.
(2) Each state agency shall adopt a plan, developed in consultation with the director and the advisory committee, to ensure that minority and women-owned businesses are afforded the maximum practicable opportunity to directly and meaningfully participate in the execution of public contracts for public works and goods and services. The plan shall include specific measures the agency will undertake to increase the participation of certified minority and women-owned businesses.
(3) Of all state agencies and educational institutions, the office must annually identify those: (a) In the lowest quintile of utilization of minority and women-owned contractors as a percentage of all contracts issued by the agency; (b) in the lowest quintile of the dollar value awarded to minority and women-owned contractors as a percentage of the dollar value of all contracts issued by the agency; and (c) that are performing significantly below their established goals, as determined by the office. The office must meet with each identified agency to review its plan and identify available tools and actions for increasing participation.
(4) The office shall annually notify the governor, the state auditor, and the joint legislative audit and review committee of all agencies and educational institutions not in compliance with this chapter.
[ 2021 c 160 § 2; 2019 c 434 § 3; 1996 c 288 § 28; 1993 c 512 § 9; 1983 c 120 § 6.]
NOTES:
Finding—Intent—2019 c 434: See note following RCW 35.23.352.
Compliance with chapter 39.19 RCW: RCW 28B.10.023, 39.04.160, 39.26.245, 47.28.030, 47.28.050, 47.28.090.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.070 - Compliance with goals—Bidding procedures.

RCW 39.19.070
Compliance with goals—Bidding procedures.
It is the intent of this chapter that the goals established under this chapter for participation by minority and women-owned and controlled businesses be achievable. If necessary to accomplish this intent, contracts may be awarded to the next lowest responsible bidder in turn, or all bids may be rejected and new bids obtained, if the lowest responsible bidder does not meet the goals established for a particular contract under this chapter. The dollar value of the total contract used for the calculation of the specific contract goal may be increased or decreased to reflect executed change orders. An apparent low-bidder must be in compliance with the contract provisions required under this chapter as a condition precedent to the granting of a notice of award by any state agency or educational institution.
[ 1994 c 15 § 1; 1987 c 328 § 4; 1983 c 120 § 7.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.075 - Compliance with goals—Valuation of goods or services.

RCW 39.19.075
Compliance with goals—Valuation of goods or services.
For purposes of measuring an agency's or educational institution's goal attainment, any regulations adopted under RCW 39.19.030(7)(e) must provide that if a certified minority and women's business enterprise is a broker of goods or materials required under a contract, the contracting agency or educational institution may count only the dollar value of the fee or commission charged and not the value of goods or materials provided. The contracting agency or educational institution may, at its discretion, fix the dollar value of the fee or commission charged at either the actual dollar value of the fee or commission charged or at a standard percentage of the total value of the brokered goods, which percentage must reflect the fees or commissions generally paid to brokers for providing such services.
[ 1996 c 69 § 6.]
NOTES:
Intent—1996 c 69: See note following RCW 39.19.030.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.080 - Prohibited activities.

RCW 39.19.080
Prohibited activities.
A person, firm, corporation, business, union, or other organization shall not:
(1) Prevent or interfere with a contractor's or subcontractor's compliance with this chapter, or any rule adopted under this chapter;
(2) Submit false or fraudulent information to the state concerning compliance with this chapter or any such rule;
(3) Fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a minority or women's business enterprise for the purpose of this chapter;
(4) Knowingly make a false statement, whether by affidavit, verified statement, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of certification of any entity as a minority or women's business enterprise;
(5) Knowingly obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualification of a business entity that has requested certification as a minority or women's business enterprise;
(6) Fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public moneys to which the person is not entitled under this chapter; or
(7) Knowingly make false statements that any entity is or is not certified as a minority or women's business enterprise for purposes of obtaining a contract governed by this chapter.
[ 2021 c 160 § 3; 1987 c 328 § 5; 1983 c 120 § 8.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.120 - Certification of business enterprises.

RCW 39.19.120
Certification of business enterprises.
The office shall be the sole authority to perform certification of minority business enterprises, socially and economically disadvantaged business enterprises, and women's business enterprises throughout the state of Washington. Certification by the state office will allow these firms to participate in programs for these enterprises administered by the state of Washington, any city, town, county, special purpose district, public corporation created by the state, municipal corporation, or quasi-municipal corporation within the state of Washington.
This statewide certification process will prevent duplication of effort, achieve efficiency, and permit local jurisdictions to further develop, implement, and/or enhance comprehensive systems of monitoring and compliance for contracts issued by their agencies.
[ 1987 c 328 § 7.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.140 - Implementation of statewide certification.

RCW 39.19.140
Implementation of statewide certification.
Implementation of statewide certification shall be effective January 1, 1988, following consultation by the office with appropriate state and local officials who currently administer similar certification programs. Any business having been certified under any of the programs identified pursuant to *RCW 39.19.130 as a minority and women's business enterprise shall be deemed certified by the office as of January 1, 1988.
[ 1987 c 328 § 9.]
NOTES:
*Reviser's note: RCW 39.19.130 expired June 30, 1991.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.150 - Local government may petition for reconsideration of business certification.

RCW 39.19.150
Local government may petition for reconsideration of business certification.
(1) Any city, county, town, special purpose district, public corporation created by the state, municipal corporation, or quasi-municipal corporation having reason to believe that a particular minority and women's business enterprise should not have been certified under RCW 39.19.140 may petition the office for reconsideration. The basis for the petition may be one or more of the following:
(a) The office's rules or regulations were improperly applied; or
(b) Material facts relating to the minority and women's business enterprise's certification application to the office are untrue.
(2) The petitioner shall carry the burden of persuasion. The affected minority or women's business enterprise shall receive notice of the petition and an opportunity to respond.
(3) After reviewing the information presented in support of and in opposition to the petition, the office shall issue a written decision, granting or denying the petition. If the office grants the petition, it may revoke, suspend, or refuse to renew the certification or impose sanctions under this chapter as appropriate.
(4) The office's decision on a petition is administratively final and the rights of appeal set out in the office regulations shall apply. A certification shall remain in effect while a petition is pending.
[ 1987 c 328 § 10.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.160 - Local government responsible for monitoring compliance.

RCW 39.19.160
Local government responsible for monitoring compliance.
Any city, town, county, special purpose district, public corporation created by the state, municipal corporation, or quasi-municipal corporation within the state of Washington utilizing the certification by the office retains the responsibility for monitoring compliance with the programs under its jurisdiction. The office shall not be responsible for enforcement of local ordinances, rules, or regulations, however titled.
[ 1987 c 328 § 11.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.170 - Prequalification of minority and women-owned businesses—Waiver of performance bond.

RCW 39.19.170
Prequalification of minority and women-owned businesses—Waiver of performance bond.
(1) State agencies shall not require a performance bond for any public works project that does not exceed twenty-five thousand dollars awarded to a prequalified and certified minority or woman-owned business that has been prequalified as provided under subsection (2) of this section.
(2) A limited prequalification questionnaire shall be required assuring:
(a) That the bidder has adequate financial resources or the ability to secure such resources;
(b) That the bidder can meet the performance schedule;
(c) That the bidder is experienced in the type of work to be performed; and
(d) That all equipment to be used is adequate and functioning and that all equipment operators are qualified to operate such equipment.
[ 1993 c 512 § 10.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.200 - Minority and women's business enterprises account—Created.

RCW 39.19.200
Minority and women's business enterprises account—Created.
The minority and women's business enterprises account is created in the custody of the state treasurer. All receipts from RCW 39.19.210, 39.19.220, and 39.19.230 and civil penalties imposed under RCW 39.19.090 shall be deposited in the account. Expenditures from the account may be used only for the purposes defraying all or part of the costs of the office in administering this chapter. Only the director or the director's designee may authorize expenditures from the account. Moneys in the account may be spent only after appropriation.
[ 2021 c 160 § 6; 1993 c 195 § 1.]
NOTES:
Effective date of 1993 c 195—1993 sp.s. c 24: "Chapter 195, Laws of 1993 is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 sp.s. c 24 § 930.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.210 - Businesses using the office—Fees.

RCW 39.19.210
Businesses using the office—Fees.
The office may charge a reasonable fee or other appropriate charge, to be set by rule adopted by the office under chapter 34.05 RCW, to a business using the services of the office.
[ 1993 c 195 § 2.]
NOTES:
Effective date of 1993 c 195—1993 sp.s. c 24: See note following RCW 39.19.200.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.220 - Political subdivisions—Fees.

RCW 39.19.220
Political subdivisions—Fees.
The office may charge to a political subdivision in this state a reasonable fee or other appropriate charge, to be set by rule adopted by the office under chapter 34.05 RCW, prorated on the relative benefit to the political subdivision, for the certification under this chapter of a business.
[ 1993 c 195 § 3.]
NOTES:
Effective date of 1993 c 195—1993 sp.s. c 24: See note following RCW 39.19.200.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.230 - State agencies and educational institutions—Fees.

RCW 39.19.230
State agencies and educational institutions—Fees.
The office may charge to a state agency and educational institutions, as both are defined in RCW 39.19.020, a reasonable fee or other appropriate charge, to be set by rule adopted by the office under chapter 34.05 RCW, based upon the state agency's or educational institution's expenditure level of funds subject to the office.
[ 1993 c 195 § 4.]
NOTES:
Effective date of 1993 c 195—1993 sp.s. c 24: See note following RCW 39.19.200.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.240 - Linked deposit program—Compilation of information—Notification regarding enterprises no longer certified—Monitoring loans.

RCW 39.19.240
Linked deposit program—Compilation of information—Notification regarding enterprises no longer certified—Monitoring loans.
(1) The office shall, in consultation with the state treasurer and the department of commerce, compile information on minority and women's business enterprises that have received financial assistance through a qualified public depositary under the provisions of RCW 43.86A.060. The information shall include, but is not limited to:
(a) Name of the qualified public depositary;
(b) Geographic location of the minority or women's business enterprise;
(c) Name of the minority or women's business enterprise;
(d) Date of last certification by the office and certification number;
(e) Type of business;
(f) Amount and term of the loan to the minority or women's business enterprise; and
(g) Other information the office deems necessary for the implementation of this section.
(2) The office shall notify the state treasurer of minority or women's business enterprises that are no longer certified under the provisions of this chapter. The written notification shall contain information regarding the reason for the decertification and information on financing provided to the minority or women's business enterprise under RCW 43.86A.060.
(3) The office shall, in consultation with the state treasurer and the department of commerce, monitor the performance of loans made to minority and women-owned business enterprises under RCW 43.86A.060.
[ 2023 c 470 § 2025; 2005 c 302 § 5; 2002 c 305 § 2.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Intent—2005 c 302: See note following RCW 43.86A.030.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.250 - Participation in contracts by qualified minority and women-owned and controlled businesses—Data—Contact people—Reports.

RCW 39.19.250
Participation in contracts by qualified minority and women-owned and controlled businesses—Data—Contact people—Reports.
(1) For the purpose of annual reporting on progress required by this chapter, each state agency and educational institution shall submit data to the office and the office of minority and women's business enterprises on the participation by qualified minority and women-owned and controlled businesses in the agency's or institution's contracts and other related information requested by the director. The director of the office of minority and women's business enterprises shall determine the content and format of the data and the reporting schedule, which must be at least annually.
(2) The office must develop and maintain a list of contact people at each state agency and educational institution who are able to present to hearings of the appropriate committees of the legislature its progress in carrying out the purposes of chapter 39.19 RCW.
(3) The office must submit a report aggregating the data received from each state agency and educational institution, and the information identified and actions taken under RCW 39.19.060(3) and 39.19.090(4), to the legislature and the governor.
[ 2021 c 160 § 7; 2019 c 434 § 4; 2009 c 348 § 2.]
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 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.260 - Subpoenas—Application—Court issuance—Notice not required.

RCW 39.19.260
Subpoenas—Application—Court issuance—Notice not required.
(1) The director or director's designee may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or testimony; and
(c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the office's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the office's authority.
(2) When an application under this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.
(3) The director or director's designee may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3).
[ 2021 c 160 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.270 - Program for development of women, minority-owned, and veteran-owned licensed driver training schools—Report.

RCW 39.19.270
Program for development of women, minority-owned, and veteran-owned licensed driver training schools—Report.
The office shall develop a program to foster the development of women, minority-owned, and veteran-owned licensed driver training schools in the state, including through instruction on topics relevant to owning and operating a licensed driver training school, and shall report to the transportation committees of the legislature by October 1, 2024, with an update on program implementation and administration.
[ 2023 c 445 § 6.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.910 - Effective date—Applicability—1983 c 120.

RCW 39.19.910
Effective date—Applicability—1983 c 120.
(1) This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1983.
(2) Contracts entered into before September 1, 1983, are not subject to this act.
[ 1983 c 120 § 21.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.19 - Office of Minority and Women's Business Enterprises. › 39.19.920 - Severability—Conflict with federal requirements—1983 c 120.

RCW 39.19.920
Severability—Conflict with federal requirements—1983 c 120.
(1) If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
(2) If any part of this chapter is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this chapter in its application to the agencies concerned. The rules under this chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[ 1983 c 120 § 18.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.23 - Purchase of Products and Services of Sheltered Workshops, Dshs Programs. › 39.23.005 - Declaration of intent.

RCW 39.23.005
Declaration of intent.
It is the intent of the legislature to encourage municipalities to purchase products and/or services manufactured or provided by sheltered workshops and programs of the department of social and health services which operate facilities serving persons with disabilities and disadvantaged individuals.
[ 2020 c 274 § 19; 1975 c 20 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.23 - Purchase of Products and Services of Sheltered Workshops, Dshs Programs. › 39.23.010 - Definitions.

RCW 39.23.010
Definitions.
As used in RCW 39.23.005 and 39.23.020 the term "sheltered workshops" shall have the meaning ascribed to it by RCW 82.04.385 and "programs of the department of social and health services" shall mean the group training homes and day training centers defined in *RCW 72.33.800 and "municipality" shall have the meaning ascribed to it by RCW 39.04.010.
[ 1975 c 20 § 2.]
NOTES:
*Reviser's note: RCW 72.33.800 was repealed by 1988 c 176 § 1007. See Title 71A RCW.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.23 - Purchase of Products and Services of Sheltered Workshops, Dshs Programs. › 39.23.020 - Products and/or services, purchase of—Authorization—Determining fair market price.

RCW 39.23.020
Products and/or services, purchase of—Authorization—Determining fair market price.
Municipalities are hereby authorized to purchase products and/or services manufactured or provided by sheltered workshops and programs of the department of social and health services. Such purchases shall be at the fair market price of such products and services as determined by a municipality. To determine the fair market price a municipality shall use the last comparable bid on the products and/or services or in the alternative the last price paid for the products and/or services. The increased cost of labor, materials, and other documented costs since the last comparable bid or the last price paid are additional cost factors which shall be considered in determining fair market price. Upon the establishment of the fair market price as provided for in this section a municipality is hereby empowered to negotiate directly with sheltered workshops or officials in charge of the programs of the department of social and health services for the purchase of the products or services.
[ 1977 ex.s. c 10 § 1; 1975 c 20 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.24 - Public Purchase Preferences. › 39.24.050 - Purchase of paper products meeting certain specifications required.

RCW 39.24.050
Purchase of paper products meeting certain specifications required.
A governmental unit shall, to the maximum extent economically feasible, purchase paper products which meet the specifications established by the department of enterprise services under RCW 39.26.255.
[ 2015 c 225 § 40; 1982 c 61 § 3.]
NOTES:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.24 - Public Purchase Preferences. › 39.24.060 - Purchases from nonprofit agencies for the blind.

RCW 39.24.060
Purchases from nonprofit agencies for the blind.
(1) All purchases made by a public agency are subject to the requirements established under RCW 19.06.020.
(2) For the purposes of this section, "public agency" means those agencies subject to RCW 19.06.020.
(3) This section is not intended to create an entitlement to an individual or class of individuals.
[ 2016 c 40 § 2.]
NOTES:
Construction—2016 c 40: See note following RCW 39.26.285.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.005 - Intent.

RCW 39.26.005
Intent.
It is the intent of this chapter to promote open competition and transparency for all contracts for goods and services entered into by state agencies, unless specifically exempted under this chapter. It is further the intent of this chapter to centralize within one agency the authority and responsibility for the development and oversight of policies related to state procurement and contracting. To ensure the highest ethical standards, proper accounting for contract expenditures, and for ease of public review, it is further the intent to centralize the location of information about state procurements and contracts. It is also the intent of the legislature to provide state agency contract data to the public in a searchable manner.
In addition, the legislature intends that the state develop procurement policies, procedures, and materials that encourage and facilitate state agency purchase of goods and services from Washington small businesses.
[ 2012 c 224 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.020 - Ethics in public contracting.

RCW 39.26.020
Ethics in public contracting.
(1)(a) A state officer or employee of an agency who seeks to acquire goods or services or who participates in those contractual matters is subject to the requirements in RCW 42.52.150.
(b) A contractor who contracts with an agency to perform services related to the acquisition of goods and services for or on behalf of the state is subject to the requirements in RCW 42.52.150.
(2) No person or entity who seeks or may seek a contract with a state agency may give, loan, transfer, or deliver to any person something of economic value for which receipt of such item would cause a state officer or employee to be in a violation of RCW 42.52.040, 42.52.110, 42.52.120, 42.52.140, or 42.52.150.
[ 2012 c 224 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.030 - State procurement records—Disclosure.

RCW 39.26.030
State procurement records—Disclosure.
(1) Records related to state procurements are public records subject to disclosure to the extent provided in chapter 42.56 RCW except as provided in subsection (2) of this section.
(2) Bid submissions and bid evaluations are exempt from disclosure until the agency announces the apparent successful bidder.
[ 2012 c 224 § 4.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.040 - Prohibition on certain contracts.

RCW 39.26.040
Prohibition on certain contracts.
Agencies that are authorized or directed to establish a board, commission, council, committee, or other similar group made up of volunteers to advise the activities and management of the agency are prohibited from entering into contracts with any or all volunteer members as a means to reimburse or otherwise pay members of such board, commission, council, committee, or other similar group for the work performed as part of the entity, except where payment is specifically authorized by statute.
[ 2012 c 224 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.050 - Provision of goods and services.

RCW 39.26.050
Provision of goods and services.
(1) In addition to the powers and duties provided in chapter 43.19 RCW, the department shall make available goods and services to support state agencies, and may enter into agreements with any other local or federal governmental agency or entity or a public benefit nonprofit organization, in compliance with RCW 39.34.055, and any tribes located in the state, to furnish such products and services as deemed appropriate by both parties.
(2) The department shall ensure full cost recovery from state agencies, other local or federal governmental agency or entity, public benefit nonprofit organizations, or any tribes located in the state, for activities performed pursuant to subsection (1) of this section. Cost recovery must ensure that the department is reimbursed its full cost for providing the goods and services furnished as determined by the department. Cost recovery may be collected through the state agency, other governmental entity, nonprofit organization, or through the contractor.
(3) All governmental entities of this state may enter into agreements under this section with the department, unless otherwise prohibited.
[ 2012 c 224 § 6.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.060 - Cooperative purchasing.

RCW 39.26.060
Cooperative purchasing.
(1) On behalf of the state, the department may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any goods or services with one or more states, state agencies, local governments, local government agencies, federal agencies, or tribes located in the state, in accordance with an agreement entered into between the participants. The cooperative purchasing may include, but is not limited to, joint or multiparty contracts between the entities, and master contracts or convenience contracts that are made available to other public agencies.
(2) All cooperative purchasing conducted under this chapter must be through contracts awarded through a competitive solicitation process.
[ 2012 c 224 § 7.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.070 - Convenience contracts.

RCW 39.26.070
Convenience contracts.
A convenience contract is a contract for specific goods or services, or both, that is solicited and established in accordance with procurement laws and rules for use by a specific agency or a specified group of agencies as needed from time to time. A convenience contract is not available for general use and may only be used as specified by the department. Convenience contracts are not intended to replace or supersede master contracts as defined in this chapter.
[ 2015 c 79 § 6; 2012 c 224 § 8.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.26 - Procurement of Goods and Services. › 39.26.080 - Procurement policy—Director's responsibility and authority—Master contracts.

RCW 39.26.080
Procurement policy—Director's responsibility and authority—Master contracts.
(1) The director is responsible for the development and oversight of policy for the procurement of goods and services by all state agencies under this chapter. When establishing policies, standards, and procedures, the director shall account for differentiation in procurement practices and needs among state agencies and strive to establish policies, standards, and procedures that promote greater efficiency in procurement.
(2) The director is authorized to adopt rules, policies, and guidelines governing the procurement, contracting, and contract management of any and all goods and services procured by state agencies under this chapter.
(3) The director or designee is the sole authority to enter into master contracts on behalf of the state.
[ 2012 c 224 § 9.]