Revised Code of Washington
Chapter 43.20A - Department of Social and Health Services.
43.20A.465 - Contracted service providers—Disruption or delay by economic or industrial actions.

RCW 43.20A.465
Contracted service providers—Disruption or delay by economic or industrial actions.

(1) Any contract entered into or renewed by the department with a private contractor for adult care, mental health, addiction, disability support, or youth services must contain an assurance that the contracted services will not be disrupted or delayed by economic or industrial action. The assurance may be provided through the execution of an agreement between the contractor and any labor organization that represents or seeks to represent the employees of the private contractor that perform or will perform the essential services contracted for by the department.
(2) The assurance required under subsection (1) of this section must be a condition of contracting with the department and may be satisfied through one or more of the following contractual commitments made on the part of the contractor through the life of the contract as a condition of receiving or renewing a contract:
(a) An agreement between the contractor and any exclusive representative labor organization representing the employees performing the contracted services that contains a provision prohibiting economic or industrial action on the part of all parties and includes a process for the resolution of disputes between them;
(b) An agreement between the contractor and any labor organization seeking to represent the employees performing the contracted services that includes a provision prohibiting the parties from causing, promoting, or encouraging economic, industrial, or other disruptive activity on the part of the contractor or employees performing services under the contract, and includes a process for resolution of disputes between parties; or
(c) Any other agreement or binding obligation providing assurances equivalent to those specified in (a) and (b) of this subsection that are to be maintained through the life of the contract.
(3) The assurance made to the department must be a binding provision of any contract subject to this section and constitutes a warranty to the department on the part of the contractor.
(4) Failure to maintain the assurance, such that the services contracted by the department are interrupted, shall entitle the department to terminate, suspend, or revoke the contract and make arrangements for the provision of services by other means.
(5) In awarding any contract subject to this section, the department must take into consideration any prior disruptions in the provision of services by the contractor and whether the assurance provided by the contractor pursuant to this section has mitigated the risk of a reoccurrence of the disruptions, if any.
(6) Any contract subject to this section that is awarded or renewed must include a provision providing for reimbursement to the department of the actual costs to the department arising from the inadequacy of the assurance provided by the contractor.

[ 2020 c 201 § 2.]
NOTES:

Intent—Findings—2020 c 201: "The legislature intends to provide the uninterrupted delivery of essential services to its most vulnerable citizens and to provide efficiency and quality in the delivery of such services purchased by the state. The legislature finds that the state's proprietary interest in procuring the services authorized by chapter 43.20A RCW includes providing continuity in the delivery of such services without interruption by its vendors and contractors. The legislature finds that this interest is served by making sure private sector providers contracted by the state have averted or meaningfully mitigated the possibility of service disruptions resulting from labor management disputes and employee unrest.
The legislature finds that the contracts and services subject to chapter 43.20A RCW are essential and, if disrupted, could harm vulnerable members of the community, compromise the efficient delivery of essential state services, and burden taxpayers with additional costs. Thus, the legislature designates the continuity of operations as a vital procurement goal with respect to services that the state funds to provide these services to the public.
The legislature further finds that by contracting for the provisions of the services rather than providing them directly, the state may negotiate contracts with vendors that are conditioned on meeting this procurement goal insofar as private entities continue to find it commercially advantageous to offer such services to the state on the terms sought by the state." [ 2020 c 201 § 1.]

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.20A - Department of Social and Health Services.

43.20A.005 - Intent—Public involvement and outreach.

43.20A.010 - Purpose.

43.20A.020 - Definitions.

43.20A.030 - Department created—Powers and duties transferred to.

43.20A.035 - Inventory of charitable, educational, penal, and reformatory land.

43.20A.037 - Affordable housing—Inventory of suitable housing.

43.20A.040 - Secretary of social and health services—Appointment—Term—Salary—Temporary appointment if vacancy—As executive head and appointing authority.

43.20A.050 - Secretary of social and health services—Powers and duties generally—Employment of assistants and personnel, limitation.

43.20A.060 - Departmental divisions—Plan establishing and organizing.

43.20A.073 - Rule making regarding sex offenders.

43.20A.075 - Rule-making authority.

43.20A.080 - Data sharing—Confidentiality—Penalties.

43.20A.090 - Deputy secretary—Department personnel director—Assistant secretaries—Appointment—Duties—Salaries.

43.20A.105 - Social worker V employees—Implementation plan.

43.20A.110 - Secretary's delegation of powers and duties.

43.20A.130 - Secretary or designee as member of state board of health.

43.20A.167 - Federal Older Americans Act of 1965—Department to participate in and administer.

43.20A.168 - Community programs and projects for the aging.

43.20A.205 - Denial, suspension, revocation, or modification of license.

43.20A.215 - Assessment of civil fine.

43.20A.300 - Department as state agency for receipt of federal funds for vocational rehabilitation—Exception.

43.20A.310 - Vocational rehabilitation, powers and duties of secretary or designee.

43.20A.320 - Consultation with coordinating council for occupational education.

43.20A.350 - Committees and councils—Declaration of purpose.

43.20A.360 - Committees and councils—Appointment—Memberships—Terms—Vacancies—Travel expenses.

43.20A.390 - Per diem or mileage—Limitation.

43.20A.400 - Purchase of services from public or nonprofit agencies—Utilization of nonappropriated funds.

43.20A.405 - Purchase of services from public or nonprofit agencies—Vendor rates—Establishment.

43.20A.410 - Purchase of services from public or nonprofit agencies—Factors to be considered.

43.20A.415 - Purchase of services from public or nonprofit agencies—Retention of basic responsibilities by secretary.

43.20A.420 - Purchase of services from public or nonprofit agencies—Secretary to provide consultative, technical and development services to suppliers—Review of services.

43.20A.425 - Purchase of services from public or nonprofit agencies—Qualifications of vendors.

43.20A.430 - Purchase of services from public or nonprofit agencies—Retention of sums to pay departmental costs.

43.20A.445 - State-operated workshops at institutions—Authorized—Standards.

43.20A.465 - Contracted service providers—Disruption or delay by economic or industrial actions.

43.20A.550 - Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Statutes to be construed to meet federal law—Conflicting parts deemed inoperative.

43.20A.605 - Authority to administer oaths and issue subpoenas—Provisions governing subpoenas.

43.20A.607 - Authority to appoint a single executive officer for multiple institutions—Exception.

43.20A.610 - Employment of deputies, experts, physicians, etc.

43.20A.635 - Services for children with disabilities.

43.20A.660 - Reports of violations by secretary—Duty of attorney general, prosecuting attorney or city attorney to institute proceedings—Notice to alleged violator.

43.20A.675 - Office of the deaf and hard of hearing—Educational materials.

43.20A.680 - State council on aging established.

43.20A.685 - State council on aging—Membership—Terms—Vacancies—Chairperson—Secretary—Compensation of legislative members.

43.20A.690 - State council on aging—Meetings—Compensation of nonlegislative members.

43.20A.695 - State council on aging—Powers and duties—Bylaws.

43.20A.710 - Investigation of conviction records or pending charges of state employees and individual providers.

43.20A.711 - Receipt and use of criminal history information.

43.20A.715 - Long-term care worker screening—Limitations on disqualification.

43.20A.720 - Telecommunications devices and services for the hearing and speech impaired—Definitions.

43.20A.725 - Telecommunications devices for the hearing and speech impaired—Program for provision of services and equipment—Rules.

43.20A.735 - Domestic violence perpetrator programs.

43.20A.760 - Community and technical college students' eligibility for the Washington basic food program.

43.20A.765 - Mental health first aid training for teachers and educational staff.

43.20A.770 - Administration of statutes applicable to runaway youth, at-risk youth, and families in conflict—Consistency required.

43.20A.790 - Homeless families with children—Shelter and housing services.

43.20A.800 - Vision services for the homeless—Coordination.

43.20A.810 - Vision services for the homeless—Funding.

43.20A.820 - Vision services for the homeless—Use of used eyeglass frames by providers.

43.20A.830 - Vision services for the homeless—Provider liability.

43.20A.840 - Vision services for the homeless—Third party payers.

43.20A.845 - Vision services for the homeless—Program name.

43.20A.865 - Secretary to enter into agreements with health care authority—Division of responsibilities.

43.20A.875 - Employee incentive program pilot—WorkFirst program.

43.20A.880 - Training competencies and learning outcomes.

43.20A.885 - Dementia action collaborative.

43.20A.930 - Effective date—Severability—1970 ex.s. c 18.