Revised Code of Washington
Chapter 39.26 - Procurement of Goods and Services.
39.26.100 - Exemptions.

RCW 39.26.100
Exemptions.

(1) The provisions of this chapter do not apply in any manner to the operation of the state legislature except as requested by the legislature.
(2) The provisions of this chapter do not apply to the contracting for services, equipment, and activities that are necessary to establish, operate, or manage the state data center, including architecture, design, engineering, installation, and operation of the facility, that are approved by the technology services board or the acquisition of proprietary software, equipment, and information technology services necessary for or part of the provision of services offered by the consolidated technology services agency.
(3) Primary authority for the purchase of specialized equipment, and instructional and research material, for their own use rests with the institutions of higher education as defined in RCW 28B.10.016.
(4) Universities operating hospitals with approval from the director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, may make purchases for hospital operation by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations if documented to be more cost-effective.
(5) Primary authority for the purchase of materials, supplies, and equipment, for resale to other than public agencies, rests with the state agency concerned.
(6) The authority for the purchase of insurance and bonds rests with the risk manager under RCW 43.19.769, except for institutions of higher education that choose to exercise independent purchasing authority under RCW 28B.10.029.
(7) The provisions of this chapter do not apply to information technology purchases by state agencies, other than institutions of higher education and agencies of the judicial branch, if (a) the purchase is less than one hundred thousand dollars, (b) the initial purchase is approved by the chief information officer of the state, and (c) the agency director and the chief information officer of the state jointly prepare a public document providing a detailed justification for the expenditure.
(8) The authority to purchase interpreter services on behalf of applicants and recipients of public assistance who are sensory-impaired rests with the department of social and health services and the health care authority.

[ 2019 c 152 § 2; 2018 c 253 § 4; 2013 2nd sp.s. c 33 § 2; 2012 c 224 § 11.]
NOTES:

Finding—Intent—2019 c 152: "The legislature finds that recent legislation to alter the procurement of spoken language interpreter services and to allow spoken language interpreters to elect collective bargaining representation also removed the authority of department of social and health services to procure interpreter services on behalf of applicants and recipients of public assistance who are sensory-impaired. The legislature intends to reinstate that authority." [ 2019 c 152 § 1.]


Effective date—2019 c 152: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2019]." [ 2019 c 152 § 3.]


Intent—Conflict with federal requirements—2018 c 253: See notes following RCW 74.04.025.

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.