The department of enterprise services shall make available a list of each state, relating to state purchasing practices, whose statutes or regulations grant a preference to bidders located within that state or goods manufactured within that state. This list shall be updated on an annual basis. The department of enterprise services shall notify agencies when the list is updated. In determining whether to assess a percentage increase against a bidder, and the amount of that increase, the purchasing agency will consider only the business address from which the bid was submitted. The purchasing agency will add the appropriate percentage increase to each bid bearing the address from a state with in-state preference rather than subtracting a like amount from Washington state bidders.

This action will be used only when evaluating bids for award. In no instance shall the increase be paid to a bidder whose bid is accepted.

This WAC section applies only to competitive solicitations in accordance with chapter 39.26 RCW.