Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-19 - Minority and women business enterprises enforceable goals program › Section 468-19-010 - Counting participation

Current through Register Vol. 24-14, July 15, 2024
(1) When a
			 business certified by the office of minority and women's business enterprises
			 as a minority or women business enterprise (MWBE) pursuant to
			 RCW
			  39.19.120 participates in a contract
			 (construction or consultant service agreement), only count the value of the
			 work performed by the MWBE.
(2)
			 Count the entire amount of that portion of the contract that is performed by
			 the MWBE's own forces. Include the cost of supplies and materials obtained by
			 the MWBE for the work of the contract, including supplies purchased or
			 equipment leased by the MWBE (except supplies and equipment the MWBE purchases
			 or leases from the prime contractor or its affiliate).
(3) Count the entire amount of fees or
			 commissions charged by a MWBE for providing a bona fide service, such as
			 professional, technical, consultant, or managerial services, or for providing
			 bonds or insurance specifically required for the performance of a contract,
			 toward MWBE goals, provided the fee is determined to be reasonable and not
			 excessive as compared with fees customarily allowed for similar
			 services.
(4) When a MWBE
			 participates as a broker (i.e., arranging a transaction or service but does not
			 provide a work product or enhancement), only the dollar value of the fee or
			 commission charged or 20 percent of the total dollar value of expenditures by
			 the MWBE (whichever is greater) counts toward the MWBE goal.
(5) Do not count the cost of the materials
			 and supplies themselves toward MWBE goals.
(6) When a MWBE subcontracts part of the work
			 of its contract to another firm, the value of the subcontracted work may be
			 counted toward MWBE goals only if the MWBE's subcontractor is itself a MWBE.
			 Work that a MWBE subcontracts to a non-MWBE firm for more than 25 percent does
			 not count toward MWBE goals.
(7) Do
			 not count payments to a MWBE when the MWBE firm participates as an extra
			 participant in a transaction, through which funds are passed in order to give
			 the appearance of participation by the MWBE firm and an attempt to count toward
			 the enforceable MWBE goal. Pass throughs are not countable towards the MWBE
			 goal and are a violation of the program requirements.
(8) When a MWBE firm performs as a
			 participant in a joint venture, count a portion of the total dollar value of
			 the contract equal to the distinct, clearly defined portion of the work,
			 commensurate with the firm's interest in the joint venture, of the contract
			 that the MWBE performs with its own forces toward the goal.
(9) Count expenditures with MWBEs for
			 materials or supplies toward MWBE goals as provided in the following:
(a) If the materials or supplies are obtained
			 from a MWBE manufacturer, count 100 percent of the cost of the materials or
			 supplies toward MWBE goals. For purposes of this paragraph, a manufacturer is a
			 firm that operates or maintains a factory or establishment that produces, on
			 the premises, the materials, supplies, articles, or equipment required under
			 the contract and of the general character described by the
			 specifications.
(b) If the
			 materials or supplies are purchased from a MWBE supplier, count 100 percent of
			 the cost of the materials or supplies toward MWBE goals. A supplier is a firm
			 that owns, operates, or maintains a store, warehouse, or other establishment in
			 which the materials, supplies, articles, or equipment of the general character
			 described by the specifications and required under the contract are bought,
			 kept in stock, and regularly sold or leased to the public in the usual course
			 of business.