The director ((of general administration,
through the state purchasing and material control director,))
shall:
(1) ((Establish and staff such administrative organizational
units within the division of purchasing as may be necessary for
effective administration of the provisions of RCW 43.19.190
through 43.19.1939)) Develop rules and standards governing the
acquisition and disposition of goods and services;
(2) ((Purchase all material, supplies, services, and
equipment needed for the support, maintenance, and use of all
state institutions, colleges, community colleges, technical
colleges, college districts, and universities, the offices of the
elective state officers, the supreme court, the court of appeals,
the administrative and other departments of state government, and
the offices of all appointive officers of the state)) Enter into
contracts on behalf of the state to carry out the following: To
purchase, lease, rent or otherwise acquire, dispose of, and
maintain assets, licenses, purchased goods and services, client
services, and personal services, or to delegate to other agencies
and institutions of state government, under appropriate
standards, the authority to purchase, lease, rent or otherwise
acquire, dispose of, and maintain assets, licenses, purchased
goods and services, client services, and personal services.
Agencies and institutions of state government are expressly
prohibited from acquiring or disposing of such assets, licenses,
purchased services, and personal services without such delegation
of authority: PROVIDED, That the provisions of RCW 43.19.190
through 43.19.1937 do not apply in any manner to the operation of
the state legislature except as requested by the legislature:
PROVIDED, That any agency may purchase material, supplies,
services, and equipment for which the agency has notified the
purchasing and material control director that it is more
cost-effective for the agency to make the purchase directly from
the vendor: PROVIDED, That primary authority for the purchase of
specialized equipment, instructional, and research material for
their own use shall rest with the colleges, community colleges,
and universities: PROVIDED FURTHER, That universities operating
hospitals and the ((state purchasing and material control))
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:
PROVIDED FURTHER, That primary authority for the purchase of
materials, supplies, and equipment for resale to other than
public agencies shall rest with the state agency concerned:
PROVIDED FURTHER, That authority to purchase services as included
herein does not apply to personal services as defined in chapter 39.29 RCW, unless such organization specifically requests
assistance from the ((division of purchasing)) department of
enterprise services in obtaining personal services and resources
are available within the ((division)) department to provide such
assistance: ((PROVIDED FURTHER, That the authority for the
purchase of insurance and bonds shall rest with the risk manager
under RCW 43.19.1935:)) PROVIDED FURTHER, That, except for the
authority of the risk manager to purchase insurance and bonds,
the director is not required to provide purchasing services for
institutions of higher education that choose to exercise
independent purchasing authority under RCW 28B.10.029: PROVIDED
FURTHER, That the authority to purchase interpreter services and
interpreter brokerage services on behalf of limited-English
speaking or sensory-impaired applicants and recipients of public
assistance shall rest with the department of social and health
services in consultation with the department;
(3) Have authority to delegate to state agencies
authorization to purchase or sell, which authorization shall
specify restrictions as to dollar amount or to specific types of
material, equipment, services, and supplies. Acceptance of the
purchasing authorization by a state agency does not relieve such
agency from conformance with other sections of RCW 43.19.190
through 43.19.1939, or from policies established by the director.
Also, delegation of such authorization to a state agency,
including an educational institution to which this section
applies, to purchase or sell material, equipment, services, and
supplies shall not be granted, or otherwise continued under a
previous authorization, if such agency is not in substantial
compliance with overall state purchasing and material control
policies as established herein;
(4) Contract for the testing of material, supplies, and
equipment with public and private agencies as necessary and
advisable to protect the interests of the state;
(5) ((Prescribe the manner of inspecting all deliveries of
supplies, materials, and equipment purchased through the
division)) Develop statewide or interagency procurement policies,
standards, and procedures;
(6) ((Prescribe the manner in which supplies, materials, and
equipment purchased through the division shall be delivered,
stored, and distributed)) Provide direction concerning strategic
planning goals and objectives related to state purchasing and
contracts activities. The director shall seek input from the
legislature and the judiciary;
(7) ((Provide for the maintenance of a catalogue library,
manufacturers' and wholesalers' lists, and current market
information)) Develop and implement a process for the resolution
of appeals by:
(a) Vendors concerning the conduct of an acquisition process
by an agency or the department; or
(b) A customer agency concerning the provision of services
by the department or by other state providers;
(8) Establish policies for the periodic review by the
department of agency performance which may include but are not
limited to analysis of:
(a) Planning, management, purchasing control, and use of
purchased services and personal services;
(b) Training and education; and
(c) Project management;
(((8))) (9) Provide for a commodity classification system
and may, in addition, provide for the adoption of standard
specifications;
(((9) Provide for the maintenance of inventory records of
supplies, materials, and other property;))
(10) Prepare rules and regulations governing the
relationship and procedures between the ((division of
purchasing)) department and state agencies and vendors;
(11) Publish procedures and guidelines for compliance by all
state agencies, including those educational institutions to which
this section applies, which implement overall state purchasing
and material control policies;
(12) Advise state agencies, including educational
institutions, regarding compliance with established purchasing
and material control policies under existing statutes.
[2011 1st sp.s. c 43 § 207; 2002 c 200 § 3; 1995 c 269 § 1401; 1994 c 138 § 1; 1993 sp.s. c 10 § 2; 1993 c 379 § 102; 1991 c 238 § 135. Prior: 1987 c 414 § 10; 1987 c 70 § 1; 1980 c 103 § 1; 1979 c 88 § 1; 1977 ex.s. c 270 § 4; 1975-'76 2nd ex.s. c 21 § 2; 1971 c 81 § 110; 1969 c 32 § 3; prior: 1967 ex.s. c 104 § 2; 1967 ex.s. c 8 § 51; 1965 c 8 § 43.19.190; prior: 1959 c 178 § 1; 1957 c 187 § 1; 1955 c 285 § 12; prior: (i) 1935 c 176 § 21; RRS § 10786-20. (ii) 1921 c 7 § 42; RRS § 10800. (iii) 1955 c 285 § 12; 1921 c 7 § 37, part; RRS § 10795, part.]
NOTES:
Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.
RCW 43.19.190
State purchasing and material control
director -- Powers and duties (as amended by 2011 1st sp.s. c 43).
The director of general administration, through the state
purchasing and material control director, shall:
(1) Establish and staff such administrative organizational
units within the division of purchasing as may be necessary for
effective administration of the provisions of RCW 43.19.190
through 43.19.1939;
(2) Purchase all material, supplies, services, and equipment
needed for the support, maintenance, and use of all state
institutions, colleges, community colleges, technical colleges,
college districts, and universities, the offices of the elective
state officers, the supreme court, the court of appeals, the
administrative and other departments of state government, and the
offices of all appointive officers of the state: PROVIDED, That
the provisions of RCW 43.19.190 through 43.19.1937 do not apply
in any manner to the operation of the state legislature except as
requested by the legislature: PROVIDED, That the provisions of
this section and RCW 43.19.1901 through *43.19.1925 do not apply
to the acquisition and disposition of equipment, proprietary
software, and information technology purchased services by the
consolidated technology services agency created in RCW 43.105.047: PROVIDED, That any agency may purchase material,
supplies, services, and equipment for which the agency has
notified the purchasing and material control director that it is
more cost-effective for the agency to make the purchase directly
from the vendor: PROVIDED, That primary authority for the
purchase of specialized equipment, instructional, and research
material for their own use shall rest with the colleges,
community colleges, and universities: PROVIDED FURTHER, That
universities operating hospitals and the state purchasing and
material control 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: PROVIDED FURTHER, That primary authority for the
purchase of materials, supplies, and equipment for resale to
other than public agencies shall rest with the state agency
concerned: PROVIDED FURTHER, That authority to purchase services
as included herein does not apply to personal services as defined
in chapter 39.29 RCW, unless such organization specifically
requests assistance from the division of purchasing in obtaining
personal services and resources are available within the division
to provide such assistance: PROVIDED FURTHER, That the authority
for the purchase of insurance and bonds shall rest with the risk
manager under RCW ((43.19.1935)) 43.19.769: PROVIDED FURTHER,
That, except for the authority of the risk manager to purchase
insurance and bonds, the director is not required to provide
purchasing services for institutions of higher education that
choose to exercise independent purchasing authority under RCW 28B.10.029: PROVIDED FURTHER, That the authority to purchase
interpreter services and interpreter brokerage services on behalf
of limited-English speaking or sensory-impaired applicants and
recipients of public assistance shall rest with the department of
social and health services;
(3) Have authority to delegate to state agencies
authorization to purchase or sell, which authorization shall
specify restrictions as to dollar amount or to specific types of
material, equipment, services, and supplies. Acceptance of the
purchasing authorization by a state agency does not relieve such
agency from conformance with other sections of RCW 43.19.190
through 43.19.1939, or from policies established by the director.
Also, delegation of such authorization to a state agency,
including an educational institution to which this section
applies, to purchase or sell material, equipment, services, and
supplies shall not be granted, or otherwise continued under a
previous authorization, if such agency is not in substantial
compliance with overall state purchasing and material control
policies as established herein;
(4) Contract for the testing of material, supplies, and
equipment with public and private agencies as necessary and
advisable to protect the interests of the state;
(5) Prescribe the manner of inspecting all deliveries of
supplies, materials, and equipment purchased through the
division;
(6) Prescribe the manner in which supplies, materials, and
equipment purchased through the division shall be delivered,
stored, and distributed;
(7) Provide for the maintenance of a catalogue library,
manufacturers' and wholesalers' lists, and current market
information;
(8) Provide for a commodity classification system and may,
in addition, provide for the adoption of standard specifications;
(9) Provide for the maintenance of inventory records of
supplies, materials, and other property;
(10) Prepare rules and regulations governing the
relationship and procedures between the division of purchasing
and state agencies and vendors;
(11) Publish procedures and guidelines for compliance by all
state agencies, including those educational institutions to which
this section applies, which implement overall state purchasing
and material control policies;
(12) Advise state agencies, including educational
institutions, regarding compliance with established purchasing
and material control policies under existing statutes.
[2011 1st sp.s. c 43 § 805; 2002 c 200 § 3; 1995 c 269 § 1401; 1994 c 138 § 1; 1993 sp.s. c 10 § 2; 1993 c 379 § 102; 1991 c 238 § 135. Prior: 1987 c 414 § 10; 1987 c 70 § 1; 1980 c 103 § 1; 1979 c 88 § 1; 1977 ex.s. c 270 § 4; 1975-'76 2nd ex.s. c 21 § 2; 1971 c 81 § 110; 1969 c 32 § 3; prior: 1967 ex.s. c 104 § 2; 1967 ex.s. c 8 § 51; 1965 c 8 § 43.19.190; prior: 1959 c 178 § 1; 1957 c 187 § 1; 1955 c 285 § 12; prior: (i) 1935 c 176 § 21; RRS § 10786-20. (ii) 1921 c 7 § 42; RRS § 10800. (iii) 1955 c 285 § 12; 1921 c 7 § 37, part; RRS § 10795, part.]
NOTES:
Reviser's note: *(1) RCW 43.19.1923 and 43.19.1925 were
repealed by 2011 1st sp.s. c 43 § 258, effective October 1, 2011.
(2) RCW 43.19.190 was amended twice during the 2011
legislative session, each without reference to the other. For
rule of construction concerning sections amended more than once
during the same legislative session, see RCW 1.12.025.
Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Findings -- 2002 c 200: See note following RCW 39.29.040.
Effective date -- Part headings not law -- Severability -- 1995 c 269: See notes following RCW 18.16.050.
Purpose -- 1993 sp.s. c 10: "The legislature recognizes the need for state agencies to maximize the buying power of increasingly scarce resources for the purchase of goods and services. The legislature seeks to provide state agencies with the ability to purchase goods and services at the lowest cost." [1993 sp.s. c 10 § 1.]
Intent -- Severability -- Effective date -- 1993 c 379: See notes following RCW 28B.10.029.
Effective dates -- Severability -- 1991 c 238: See RCW 28B.50.917 and 28B.50.918.
Severability -- 1987 c 414: See RCW 39.29.900.
Severability -- 1980 c 103: "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." [1980 c 103 § 3.]
Construction -- 1977 ex.s. c 270: See RCW 43.41.901.
Severability -- 1975-'76 2nd ex.s. c 21: See note following RCW 43.19.180.
Federal surplus property: Chapter 39.32 RCW.
Purchase of blind made products and services: Chapter 19.06 RCW.