Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-140 - CLEAN ENERGY LABOR STANDARDS CERTIFICATION › Section 296-140-005 - Labor standard certification for projects in clean technology manufacturing, clean alternative fuels production, and renewable energy storage under chapter 82.89 RCW

Current through Register Vol. 24-14, July 15, 2024
(1) To qualify for
			 department certification for the 50 percent reduction in the amount of deferred
			 state sales and use tax to be repaid for under
			 RCW
			 82.89.060, the eligible investment projects
			 must meet the following minimum requirements:
(a) Standard for procurement from and
			 contracts with women, minority, or veteran-owned businesses.
(i) Consult with OMWBE and DVA to develop a
			 plan to meet the standards or good faith efforts before the initiation of
			 construction of the investment project. The plan will identify the necessary
			 and reasonable steps which, by their scope, intensity, and appropriateness,
			 could reasonably be expected to meet the women, minority, and veteran-owned
			 businesses procurement and contract standards, even if they were not fully
			 successful and identify the documentation for the specific good faith efforts
			 in the plan; and
(ii) Have 5.5
			 percent of contract dollars awarded to minority-owned businesses, and 9.5
			 percent of contract dollars awarded to women-owned businesses, and five percent
			 of contract dollars awarded to veteran-owned businesses; or
(iii) Demonstrate good faith efforts included
			 in the plan required by (a)(i) of this subsection. In developing the plan with
			 OMWBE and DVA, the following are good faith efforts which include, but are not
			 limited to:
(A) Soliciting through all
			 reasonable and available means as identified in the plan including, but not
			 limited to, proactive outreach to firms that are women, minority, and
			 veteran-owned businesses; advertising in local community publications and
			 publications appropriate to identified firms and with the office of minority
			 and women's business enterprises; participating in conferences and trade shows;
			 and identification of interested women, minority, and veteran-owned businesses
			 that have the capability to perform the work of the contract;
(B) Providing reasonable time for women,
			 minority, and veteran-owned businesses to fully and meaningfully respond to bid
			 solicitations, that includes providing adequate information about the plans,
			 specifications, and requirements of the contract along with timely responses to
			 subcontractor inquiries and proposals;
(C) Negotiating in good faith with interested
			 women, minority, and veteran-owned businesses. The fact that there may be some
			 additional costs involved in finding and using women, minority, and
			 veteran-owned businesses is not in itself sufficient reason for a failure to
			 meet the standard, as long as such costs are reasonable. The project developer
			 or its designated principle contractor are not, however, required to accept
			 higher quotes from women, minority, and veteran-owned businesses if the price
			 difference is excessive or unreasonable;
(D) Selecting portions of the work to be
			 performed by women, minority, and veteran-owned businesses in order to increase
			 the likelihood that the standard will be achieved. This includes apportioning
			 contract work items into economically feasible units to facilitate women,
			 minority, and veteran-owned businesses' participation even when the project
			 developer or its designated principle contractor might otherwise prefer to
			 perform these work items with its own forces, and where possible, establishing
			 flexible time frames for performance to encourage participation;
(E) Not rejecting women, minority, and
			 veteran-owned businesses as being unqualified without sound reasons based on a
			 thorough investigation of their capabilities. The project developer or its
			 designated principle contractor standing within its industry, membership in
			 specific groups, organizations, or associations and political or social
			 affiliations (for example union vs nonunion employee status) are not legitimate
			 causes for the rejection or nonsolicitation of bids in the contractor's efforts
			 to meet the standard;
(F) Making
			 efforts to assist interested women, minority, and veteran-owned businesses in
			 obtaining necessary equipment, supplies, materials, or related assistance or
			 services;
(G) Effectively using the
			 services of OMWBE and DVA; women, minority, and veteran community
			 organizations; women, minority, and veteran contractors' groups; and other
			 appropriate organizations to provide assistance in the recruitment and
			 placement of women, minority, and veteran-owned businesses;
(H) Mere pro forma efforts are not good faith
			 efforts to meet the women, minority, and veteran business standards;
(I) Other efforts identified by OMWBE or DVA
			 included in the plan required by (a)(i) of this subsection.