AN ACT Relating to
elimination of obsolete state procurement practices; reenacting and amending
RCW 43.19.190; and repealing RCW 39.24.020, 39.24.030, 39.24.040, 39.25.010,
39.25.020, 39.25.030, 43.19.504, 43.19.506, and 43.19.510.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 43.19.190 and 1993
sp.s. c 10 s 2 and 1993 c 379 s 102 are each reenacted and amended to read as
follows:
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 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: 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;
(3) Provide the
required staff assistance for the state supply management advisory board
through the division of purchasing;
(4) 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: PROVIDED, That
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 after consultation
with the state supply management advisory board: PROVIDED FURTHER, That
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;
(5) 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;
(6) Prescribe the
manner of inspecting all deliveries of supplies, materials, and equipment
purchased through the division;
(7) Prescribe the
manner in which supplies, materials, and equipment purchased through the
division shall be delivered, stored, and distributed;
(8) Provide for the
maintenance of a catalogue library, manufacturers' and wholesalers' lists, and
current market information;
(9) Provide for a
commodity classification system and may, in addition, provide for the adoption
of standard specifications after receiving the recommendation of the supply
management advisory board;
(10) Provide for the
maintenance of inventory records of supplies, materials, and other property;
(11) Prepare rules and
regulations governing the relationship and procedures between the division of
purchasing and state agencies and vendors;
(12) 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;
(13) ((Conduct
periodic visits to)) Advise state agencies, including ((those))
educational institutions ((to which this section applies, to determine if
statutory provisions and supporting purchasing and material control policies
are being fully implemented, and based upon such visits, take corrective action
to achieve)), regarding compliance with established purchasing and
material control policies under existing statutes ((when required)).
NEW SECTION. Sec.
2. The following acts or
parts of acts are each repealed:
(1) RCW 39.24.020 and 1937 c
164 s 1 & 1933 c 179 s 1;
(2) RCW 39.24.030 and 1933 c
179 s 2;
(3) RCW 39.24.040 and 1933 c
179 s 3;
(4) RCW 39.25.010 and 1967 c
139 s 1;
(5) RCW 39.25.020 and 1967 c
139 s 2;
(6) RCW 39.25.030 and 1967 c
139 s 3;
(7) RCW 43.19.504 and 1981 c
32 s 1;
(8) RCW 43.19.506 and 1981 c
32 s 2; and
(9) RCW 43.19.510 and 1981 c
32 s 3 & 1973 c 13 s 1.
