Current through Register Vol. 24-06, March 15, 2024
(1)RCW
39.19.080 makes it unlawful for a person,
firm, corporation, business, union, or other organization to:
(a) Prevent or interfere with a contractor's
or subcontractor's compliance with this chapter, or any rule adopted under this
chapter;
(b) Submit false or
fraudulent information to the state concerning compliance with this chapter or
any such rule;
(c) Fraudulently
obtain, retain, attempt to obtain or retain, or aid another in fraudulently
obtaining or retaining or attempting to obtain or retain certification as a
minority, women, or socially and economically disadvantaged individual's
business enterprise for the purpose of this chapter;
(d) Knowingly make a false statement, whether
by affidavit, verified statement, report, or other representation, to a state
official or employee for the purpose of influencing the certification or denial
of certification of any entity as a minority, women, or socially and
economically disadvantaged individual's business enterprise;
(e) Knowingly obstruct, impede, or attempt to
obstruct or impede any state official or employee who is investigating the
qualification of a business entity that has requested certification as a
minority, women, or socially and economically disadvantaged individual's
business enterprise;
(f)
Fraudulently obtain, attempt to obtain, or aid another person in fraudulently
obtaining or attempting to obtain public moneys to which the person is not
entitled under this chapter;
(g)
Knowingly make false statements that any entity is or is not certified as a
minority, women, or socially and economically disadvantaged individual's
business enterprise for purposes of obtaining a contract governed by this
chapter;
(h) To fail or refuse to
comply with any provision of
chapter
39.19 RCW or with a
contract requirement established under this chapter.
(2) A certified business engages in
prohibited activity when it fails to perform a commercially useful function on
any public-sector contract or procurement. Failure to perform a commercially
useful function occurs when a business:
(a)
Functions as a conduit; or
(b)
Functions as a pass-through; except brokers and firms operating in industries
where such activity is common industry practice, e.g., insurance or real
estate.
(3) A business
that is deemed to be a switch business is also deemed to have engaged in
prohibited activity.
Statutory Authority:
RCW
39.19.030 and
39.19.120. 04-08-093, §
326-02-040, filed 4/6/04,
effective 5/7/04. Statutory Authority:
RCW
39.19.030(7). 92-11-007,
§
326-02-040, filed 5/11/92,
effective 6/11/92. Statutory Authority:
Chapter
39.19 RCW. 88-22-017
(Order 88-9), §
326-02-040, filed
10/24/88.
