Common use of Public Works Clause in Contracts

Public Works. This Master Contract was solicited and awarded pursuant to Washington’s procurement code for goods and services, RCW 39.26. It was not solicited and awarded pursuant to Washington’s procurement code for public works, RCW 39.04. Accordingly, Contractor shall not represent to any Purchaser that this Master Contract is a public works contract and Purchasers shall determine whether this Master Contract is an appropriate procurement solution for their needs. Purchasers must determine whether their anticipated work qualifies as a public work. Notwithstanding any provision to the contrary, this Master Contract does not exempt Contractor or Purchasers from complying with applicable public works requirements including, without limitation, requirements to pay prevailing wage for public works, retainage, and/or bonding requirements.