Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0220 - Governor's Policy Advisor for Economic and Business Equity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Governor's Policy Advisor for
			 Economic and Business Equity (formerly known as the "Director of Economic &
			 Business Equity" and also known as the "Governor's Advocate's Office for
			 Minority, Women and Emerging Small Business") was created in the Office of the
			 Governor, and the Governor's Policy Advisor for Economic and Business Equity is
			 the individual appointed by the Governor to advise the Governor, Legislature
			 and Office of the Governor's Policy Advisor for Economic and Business Equity on
			 issues related to the integration of Minority-owned, Women-owned,
			 Veteran-owned, and Emerging Small Businesses into the mainstream of the Oregon
			 economy and business sector. The Governor's Policy Advisor for Economic and
			 Business Equity oversees the resolution of business concerns with Contracting
			 Agencies impacting firms certified by the Certification Office for Business
			 Inclusion and Diversity (COBID). Governor's Policy Advisor for Economic and
			 Business Equity is also charged with maintaining the Oregon Opportunity
			 Register and Clearinghouse to facilitate the timely notice of business and
			 contract opportunities to COBID certified.
(2) The Certification Office for Business
			 Inclusion and Diversity (COBID) administers the certification process for the
			 Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE),
			 Women Business Enterprise (WBE), Emerging Small Business (ESB), and Veteran
			 Business Enterprise (VBE) Programs. As the sole certification authority in
			 Oregon for Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and
			 Emerging Small Businesses, COBID provides certification services for
			 Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and Emerging Small
			 Businesses according to ORS
			 200.025 and
			 200.055.
(3) A "Disadvantaged Business Enterprise"
			 means a small business concern which is at least 51 percent owned by one or
			 more socially and economically disadvantaged individuals or, in the case of any
			 corporation, at least 51 percent of the stock of which is owned by one or more
			 socially and economically disadvantaged individuals and whose management and
			 daily business operations are controlled by one or more of the socially and
			 economically disadvantaged individuals who own it.
(4) An "Emerging Small Business" is a
			 business with its principal place of business located in this State; a business
			 with average annual gross receipts over the last three years not exceeding
			 monetary limitations determined by the Certification Office for Business
			 Inclusion and Diversity (COBID) annually based on the Consumer Price Index and
			 has fewer than 29 employees; an independent business (not a subsidiary,
			 affiliate, or successor company of another business whose average gross
			 receipts would exceed the stated limits); and a business properly licensed and
			 legally registered in this State.
(5) A "Minority or Women Business Enterprise"
			 is a small business concern which is at least 51 percent owned by one or more
			 minorities or women, or in the case of a corporation, at least 51 percent of
			 the stock of which is owned by one or more minorities or women, and whose
			 management and daily business operations are controlled by one or more of such
			 individuals, according to ORS
			 200.005.
(6) A "Veteran-Owned Business" or "Veteran
			 Business Enterprise"means a small business concern which is at least 51 percent
			 owned by one or more service-disabled Veterans, or in the case of a
			 corporation, at least 51 percent of the stock of which is owned by one or more
			 service-disabled Veterans, and whose management and daily business operations
			 are controlled by one or more of such individuals, according to ORS
			 200.005. . "Veteran" has the
			 meaning given that term in ORS
			 200.005.
(7) The general policy of the Department and
			 these Rules is to expand economic opportunities for Disadvantaged,
			 Minority-owned, Woman-owned, Veteran owned, and Emerging Small Businesses by
			 exposing them to contracting and subcontracting opportunities available through
			 Public Contracts, according to ORS
			 279A.105 and based upon the
			 Legislative findings set forth in ORS
			 200.015.
(8) Each State Contracting Agency, as defined
			 by ORS 279A.010, must support the
			 participation of DBEs, MBEs, WBEs, VBEs, and ESBs in its purchasing processes
			 by notifying the Governor's Policy Advisor for Economic and Business Equity as
			 required under ORS 200.035.
(9) When a Public Improvement Contract is
			 less than $100,000 and the Offerors are being drawn exclusively from a list of
			 certified Emerging Small Businesses maintained by the COBID, the Contracting
			 Agency may Contract without formal competitive sourcing methods after a good
			 faith effort to obtain a minimum of three competitive Quotes from Emerging
			 Small Businesses. To obtain maximum exposure for all firms and guard against
			 favoritism, care must be taken to obtain Quotes from different firms each time
			 the list is used. The Contracting Agency must keep a Written record of the
			 source and amount of the Quotes received and comply with the applicable
			 requirements of this Rule.
(10) In
			 carrying out the policy of affirmative action, a Contracting Agency may rely
			 upon ORS 279A.100 and advice of legal
			 counsel regarding its application.
(11) No Special Procurement according to ORS
			 279B.085 and no exemption
			 according to ORS 279C.335 approved by the State
			 Chief Procurement Officer waives or excepts the requirement of notice to the
			 Governor's Policy Advisor for Economic and Business Equity in accordance with
			 ORS 200.035 and any DAS
			 policy.
(12) All State Contracting
			 Agencies must comply with ORS
			 200.035 and applicable related
			 Department statewide policy, notwithstanding the Public Contracting
			 Code.
Statutory/Other Authority: ORS
				  279A.065(5)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279A.100 &
				  279A.105