Chapter 39.32 RCW

ACQUISITION OF GOVERNMENTAL PROPERTY

(
Formerly: Purchase of federal property
)

Sections

39.32.010Definitions.
39.32.020Acquisition of surplus property authorized.
39.32.035Administration and use of enterprise services accountDirector's authority to lease and acquire surplus property.
39.32.040Procedure to purchaseRequisitionsPrice at which soldDisposition of proceedsDuties of governor.
39.32.060Rules and regulations.
39.32.070Purchase of property from federal government authorizedAuthority to contractBiddingPayment.
39.32.080Purchase of property from federal government authorizedInconsistent provisions suspended.
39.32.090Purchases by political subdivisions from or through United States authorized.

NOTES:

Authority of counties to receive and distribute federal surplus commodities to needy: RCW 36.39.040.
Disposal of surplus property: RCW 39.33.020.
Public assistance recipients, certification of to receive federal surplus commodities: RCW 74.04.340 through 74.04.360.


Definitions.

For the purposes of RCW 39.32.010 through 39.32.060:
The term "eligible donee" means any public agency carrying out or promoting for the residents of a given political area one or more public purposes, such as conservation, economic development, education, parks and recreation, public health, and public safety; or nonprofit educational or public health institutions or organizations, such as medical institutions, hospitals, clinics, health centers, schools, colleges, universities, schools for persons with intellectual disabilities, schools for persons with physical disabilities, child care centers, radio and television stations licensed by the federal communications commission as educational radio or educational television stations, museums attended by the public, and public libraries serving all residents of a community, district, state, or region, and which are exempt from taxation under Section 501 of the Internal Revenue Code of 1954, for purposes of education or public health, including research for any such purpose.
The term "public agency" means the state or any subdivision thereof, including any unit of local government, economic development district, emergency services organization, or any instrumentality created by compact or other agreement between the state and a political subdivision, or any Indian tribe, band, group, or community located on a state reservation.
The term "surplus property" means any property, title to which is in the federal, state, or local government or any department or agency thereof, and which property is to be disposed of as surplus under any act of congress or the legislature or local statute, heretofore or hereafter enacted providing for such disposition.

NOTES:

Purpose2010 c 94: See note following RCW 44.04.280.



Acquisition of surplus property authorized.

The director of enterprise services is hereby authorized to purchase, lease or otherwise acquire from federal, state, or local government or any surplus property disposal agency thereof surplus property to be used in accordance with the provisions of this chapter.

NOTES:

Authority of superintendent of public instruction to acquire federal surplus or donated food commodities for school district hot lunch program: Chapter 28A.235 RCW.



Administration and use of enterprise services accountDirector's authority to lease and acquire surplus property.

The enterprise services account shall be administered by the director of enterprise services and be used for the purchase, lease or other acquisition from time to time of surplus property from any federal, state, or local government surplus property disposal agency. The director may purchase, lease or acquire such surplus property on the requisition of an eligible donee and without such requisition at such time or times as he or she deems it advantageous to do so; and in either case he or she shall be responsible for the care and custody of the property purchased so long as it remains in his or her possession.

NOTES:

Effective datePurpose2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date1998 c 105: See note following RCW 43.19.025.



Procedure to purchaseRequisitionsPrice at which soldDisposition of proceedsDuties of governor.

In purchasing federal surplus property on requisition for any eligible donee the director may advance the purchase price thereof from the enterprise services account, and he or she shall then in due course bill the proper eligible donee for the amount paid by him or her for the property plus a reasonable amount to cover the expense incurred by him or her in connection with the transaction. In purchasing surplus property without requisition, the director shall be deemed to take title outright and he or she shall then be authorized to resell from time to time any or all of such property to such eligible donees as desire to avail themselves of the privilege of purchasing. All moneys received in payment for surplus property from eligible donees shall be deposited by the director in the enterprise services account. The director shall sell federal surplus property to eligible donees at a price sufficient only to reimburse the enterprise services account for the cost of the property to the account, plus a reasonable amount to cover expenses incurred in connection with the transaction. Where surplus property is transferred to an eligible donee without cost to the transferee, the director may impose a reasonable charge to cover expenses incurred in connection with the transaction. The governor, through the director of enterprise services, shall administer the surplus property program in the state and shall perform or supervise all those functions with respect to the program, its agencies and instrumentalities.

NOTES:

Effective date1998 c 105: See note following RCW 43.19.025.



Rules and regulations.

The director of enterprise services shall have power to promulgate such rules and regulations as may be necessary to effectuate the purposes of RCW 39.32.010 through 39.32.060 and to carry out the provisions of the Federal Property and Administrative Services Act of 1949, as amended.

NOTES:




Purchase of property from federal government authorizedAuthority to contractBiddingPayment.

The state of Washington, through any department, division, bureau, board, commission, authority, or agency thereof, and all counties, cities, towns, and other political subdivisions thereof, is hereby authorized to enter into any contract with the United States of America, or with any agency thereof, for the purchase of any equipment, supplies, materials, or other property, without regard to the provisions of any law requiring the advertising, giving of notices, inviting or receiving bids, or which may require the delivery of purchases before payment, and to this end the executive head of any such department, division, bureau, board, commission, authority, or agency of the state, the county commissioners and the executive authority of any city or town, may designate by appropriate resolution or order any officeholder or employee of its own to enter a bid or bids in its behalf at any sale of any equipment, supplies, material or other property real or personal owned by the United States of America or any agency thereof, and may authorize said person to make any down payment, or payment in full, required in connection with such bidding.
[ 1945 c 180 § 1; Rem. Supp. 1945 § 10322-50. FORMER PART OF SECTION: 1945 c 88 § 1 now codified as RCW 39.32.090.]



Purchase of property from federal government authorizedInconsistent provisions suspended.

Any provisions of any law, charter, ordinance, resolution, bylaw, rule or regulation which are inconsistent with the provisions of RCW 39.32.070 and 39.32.080 are suspended to the extent such provisions are inconsistent herewith.
[ 1945 c 180 § 2; Rem. Supp. 1945 § 10322-51.]



Purchases by political subdivisions from or through United States authorized.

Whenever authorized by ordinance or resolution of its legislative authority any political subdivision of the state shall have power to purchase supplies, materials, electronic data processing and telecommunication equipment, software, services, and/or equipment from or through the United States government without calling for bids, notwithstanding any law or charter provision to the contrary.
[ 2013 c 132 § 1; 1945 c 88 § 1; Rem. Supp. 1945 § 10322-40. Formerly RCW 39.32.070, part.]