Revised Code of Washington
Chapter 39.26 - Procurement of Goods and Services.
39.26.010 - Definitions.

RCW 39.26.010
Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, institutions of higher education as defined in RCW 28B.10.016, and correctional and other types of institutions. "Agency" does not include a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930.
(2) "Bid" means an offer, proposal, or quote for goods or services in response to a solicitation issued for such goods or services by the department or an agency of Washington state government.
(3) "Bidder" means an individual or entity who submits a bid, quotation, or proposal in response to a solicitation issued for such goods or services by the department or an agency of Washington state government.
(4) "Client services" means services provided directly to agency clients including, but not limited to, medical and dental services, employment and training programs, residential care, and subsidized housing.
(5) "Community rehabilitation program of the department of social and health services" means any entity that:
(a) Is registered as a nonprofit corporation with the secretary of state; and
(b) Is recognized by the department of social and health services, division of vocational rehabilitation as eligible to do business as a community rehabilitation program.
(6) "Competitive solicitation" means a documented formal process providing an equal and open opportunity to bidders and culminating in a selection based on predetermined criteria.
(7) "Contractor" means an individual or entity awarded a contract with an agency to perform a service or provide goods.
(8) "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.
(9) "Department" means the department of enterprise services.
(10) "Director" means the director of the department of enterprise services.
(11) "Estimated useful life" of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner.
(12) "Goods" means products, materials, supplies, or equipment provided by a contractor.
(13) "In-state business" means a business that has its principal office located in Washington.
(14) "Life-cycle cost" means the total cost of an item to the state over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life.
(15) "Master contracts" means a contract for specific goods or services, or both, that is solicited and established by the department in accordance with procurement laws and rules on behalf of and for general use by agencies as specified by the department.
(16) "Microbusiness" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that: (a) Is owned and operated independently from all other businesses; and (b) has a gross revenue of less than one million dollars annually as reported on its federal tax return or on its return filed with the department of revenue.
(17) "Minibusiness" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that: (a) Is owned and operated independently from all other businesses; and (b) has a gross revenue of less than three million dollars, but one million dollars or more annually as reported on its federal tax return or on its return filed with the department of revenue.
(18) "Polychlorinated biphenyls" means any polychlorinated biphenyl congeners and homologs.
(19) "Practical quantification limit" means the lowest concentration that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness, and comparability during routine laboratory operating conditions.
(20) "Purchase" means the acquisition of goods or services, including the leasing or renting of goods.
(21) "Services" means labor, work, analysis, or similar activities provided by a contractor to accomplish a specific scope of work.
(22) "Small business" means an in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that:
(a) Certifies, under penalty of perjury, that it is owned and operated independently from all other businesses and has either:
(i) Fifty or fewer employees; or
(ii) A gross revenue of less than seven million dollars annually as reported on its federal income tax return or its return filed with the department of revenue over the previous three consecutive years; or
(b) Is certified with the office of women and minority business enterprises under chapter 39.19 RCW.
(23) "Sole source" means a contractor providing goods or services of such a unique nature or sole availability at the location required that the contractor is clearly and justifiably the only practicable source to provide the goods or services.
(24) "Washington grown" has the definition in RCW 15.64.060.

[ 2022 c 71 § 12; 2015 c 79 § 5. Prior: 2014 c 135 § 2; prior: 2012 c 224 § 2.]
NOTES:

Findings—Intent—2022 c 71: See note following RCW 28B.10.930.


Findings—2014 c 135: See note following RCW 39.26.280.

Structure Revised Code of Washington

Revised Code of Washington

Title 39 - Public Contracts and Indebtedness

Chapter 39.26 - Procurement of Goods and Services.

39.26.005 - Intent.

39.26.010 - Definitions.

39.26.020 - Ethics in public contracting.

39.26.030 - State procurement records—Disclosure.

39.26.040 - Prohibition on certain contracts.

39.26.050 - Provision of goods and services.

39.26.060 - Cooperative purchasing.

39.26.070 - Convenience contracts.

39.26.080 - Procurement policy—Director's responsibility and authority—Master contracts.

39.26.090 - Director's duties and responsibilities—Rules.

39.26.100 - Exemptions.

39.26.102 - Exemption—Department of corrections.

39.26.110 - Training.

39.26.120 - Competitive solicitation.

39.26.125 - Competitive solicitation—Exceptions.

39.26.130 - Emergency purchases.

39.26.140 - Sole source contracts.

39.26.150 - Public notice—Posting on enterprise vendor registration and bid notification system.

39.26.160 - Bid awards—Considerations—Requirements and criteria to be set forth—Negotiations—Use of enterprise vendor registration and bid notification system.

39.26.170 - Complaints—Protests.

39.26.180 - Contract management.

39.26.190 - Bonds.

39.26.200 - Authority to fine or debar.

39.26.210 - List of agency contracts—Contract audits.

39.26.220 - Contract audit and investigative findings, enforcement actions, and status of agency resolution—Report.

39.26.230 - Purchases from entities serving or providing opportunities through community rehabilitation programs.

39.26.235 - Purchase of wireless devices or services.

39.26.240 - Awards of procurement contracts to veteran-owned businesses.

39.26.245 - Awards of procurement contracts to office of minority and women's business enterprises.

39.26.250 - Preferences—Purchase of goods and services from inmate work programs.

39.26.251 - Purchase of articles or products from inmate work programs—Replacement of goods and services obtained from outside the state—Rules.

39.26.255 - Preferences—Purchase of products containing recycled material—Directory of suppliers—Rules.

39.26.260 - Preferences—In-state procurement.

39.26.265 - Preferences—Purchase of electronic products meeting environmental performance standards—Requirements for surplus electronic products.

39.26.270 - List of statutes and regulations of each state that grants preference to in-state vendors.

39.26.271 - Rules for reciprocity in bidding.

39.26.280 - Preference—Products and products in packaging that does not contain polychlorinated biphenyls—Limitations—Products and products in packaging containing polychlorinated biphenyls.

39.26.285 - Purchases of goods and services from nonprofit agencies for the blind.

39.26.290 - Tests and data of products procured.

39.26.300 - Purchase of spoken language interpreter services—When authorized—Requirements.

39.26.310 - Purchasing and procurement policies—Products containing hydrofluorocarbons—Report to the legislature.

39.26.320 - Contracting for services—Employees in classified service—Procedures and criteria.

39.26.330 - Postconsumer recycled content in plastic trash bags—Purchasing priority.

39.26.340 - Data-sharing agreements—When required.

39.26.900 - Effective date—2012 c 224.