E2SHB 1096 -
By Committee on Economic Development, Trade & Innovation
ADOPTED 03/11/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 43.19 RCW
to read as follows:
(1) The legislature finds that it is in the state's economic
interest and serves a public purpose to promote and facilitate the
fullest possible participation by Washington businesses of all sizes in
the process by which goods and services are purchased by the state.
The legislature further finds that large businesses have the resources
to participate fully and effectively in the state's purchasing system,
and because of many factors, including economies of scale, the
purchasing system tends to create a preference in favor of large
businesses and to disadvantage small businesses. The legislature
intends, therefore, to assist, to the maximum extent possible, small
businesses to participate in order to enhance and preserve competitive
enterprise and to ensure that small businesses have a fair opportunity
to be awarded contracts or subcontracts for goods and services
purchased by the state.
(2) Purchasing agencies must establish and implement a plan to
increase the number of small businesses annually receiving state
contracts for goods and services purchased by the state. The goal of
the plan must be to have the number of small businesses receiving state
contracts in 2012 be at least fifty percent higher, and in 2014 be at
least one hundred percent higher, than the number of contracts awarded
to small businesses in 2009.
(3) On July 1, 2011, and each July 1st thereafter, the department
of general administration, in consultation with the department of
information services and the department of transportation, shall report
to the governor and the appropriate committees of the legislature on
progress in carrying out the plan required by this section. Annual
reports must include information about progress in increasing the
number of small businesses participating in state contracts, steps
taken to meet the goals of the plan, and the characteristics of small
businesses that are awarded contracts.
(4) As used in this section:
(a) "Purchasing agencies" are limited to the department of general
administration, the department of information services, and the
department of transportation.
(b) "In-state business" means a business that has its principal
office located in Washington and its officers domiciled in Washington.
(c) "Small business" means an in-state business, including a sole
proprietorship, corporation, partnership, or other legal entity, that:
(i) Certifies, under penalty of perjury, that it is owned and operated
independently from all other businesses and has either (A) fifty or
fewer employees, or (B) 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 (ii) is certified under chapter 39.19 RCW.
(5) This section expires July 1, 2015."
E2SHB 1096 -
By Committee on Economic Development, Trade & Innovation
ADOPTED 03/11/2010
On page 1, line 2 of the title, after "purchasing;" strike the remainder of the title and insert "adding a new section to chapter 43.19 RCW; and providing an expiration date."
EFFECT: Replaces the small business preference program with a requirement to develop and implement a plan to increase the number of small businesses receiving state contracts. Using 2009 as the base year, contracts to small businesses are to be increased by fifty percent in 2012 and one hundred percent in 2014.