Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part TWO - GENERAL REQUIREMENTS › Section 468-17-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
				  unless the context clearly requires otherwise.
(1) "Award" means the formal decision by the
				department to accept a bid and the intent to enter into a contract with the
				bidder.
(2) "Commercially useful
				function" means the activity conducted by a firm responsible for the execution
				of the work of the contract and that is carrying out its responsibilities by
				actually performing, managing, and supervising the work involved. To perform a
				commercially useful function, the firm must also be responsible, with respect
				to materials and supplies used on the contract, for negotiating price,
				determining quality and quantity, ordering the material, and installing (where
				applicable) and paying for the material itself. Additional requirements are
				discussed in WAC
				468-17-060.
(3) "Condition of award (COA)" means that a
				prime contractor or consultant, on a design-bid-build or consultant agreement,
				commits to subcontracting with a small business enterprise (SBE) or
				veteran-owned business (VOB). On design-build or general
				contractor/construction manager contracts, all SBEs and VOBs in the quarterly
				small and veteran business plans are considered COA firms.
(4) "Consultant agreement" means a contract
				entered into by a public body for architectural and engineering services
				(performed pursuant to chapter 39.80 RCW) with another party, i.e., an
				independent individual or firm, in which the other party agrees to perform a
				service, render an opinion, or recommendations according to the consultant's
				methods and without being subject to the control of the public body except as
				to the result of the work.
(5)
				"Contract goal" means a percentage of the contract amount the prime contractor
				or prime consultant must meet with small, mini, micro and veteran-owned
				businesses.
(6) "Department" means
				the Washington state department of transportation (WSDOT).
(7) "Design-bid-build (DBB) contract" means a
				contract between a public body and another party in which the public body
				contracts separately with a designer and a contractor for the design and
				construction of a facility, portion of the facility, or other item specified in
				the contract. Designers and contractors bear no contractual obligation to one
				another under a DBB contract.
(8)
				"Design-build (DB) contract" means a contract between a public body and another
				party in which the party agrees to both design and build the facility, portion
				of the facility, or other item specified in the contract as defined in chapter
				39.10 RCW.
(9) "General
				contractor/construction manager (GC/CM)" means a contract between a public body
				and another party in which the party agrees to both build and manage the
				construction of the facility, portion of the facility, or other item specified
				in the contract as defined in chapter 39.10 RCW.
(10) "Good faith efforts (GFE)" means efforts
				to achieve a goal or other requirement of this chapter which, by their scope,
				intensity, and appropriateness to the objective, can reasonably be expected to
				fulfill the program requirement. GFE is not necessary when a contract goal has
				been met.
(11) "Mini-business"
				means any business that:
(a) Is owned and
				operated independently from all other businesses;
(b) Has a gross revenue of less than three
				million dollars annually as reported on its federal tax return or on its return
				filed with the department of revenue;
(c) Is self-certified as a "mini-business"
				through the Washington state department of enterprise services (DES);
				and
(d) Is listed as a
				"mini-business" on the Washington electronic business service (WEBS).