Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-50 - Participation programs › Section 326-50-050 - Utilization of credits in business partnership account

Current through Register Vol. 24-14, July 15, 2024
(1) The credits in a non-MWBE firm's business
			 partnership account may be applied to goods and services, architecture,
			 engineering and other consultant services contracts or requests for proposals.
			 The credits cannot apply to MWBE requirements set on construction or public
			 works contracts.
(2) Only the value
			 of those transactions requested and approved may be applied against MWBE
			 requirements set by state agencies or educational institutions in meeting
			 contract specifications.
(3) When
			 the non-MWBE firm bids on a state contract, it may utilize the credit it has
			 established with OMWBE by applying the credit against the MWBE participation
			 requirements set on contracts or requests for proposals for purchase of goods
			 and services, architecture, engineering and other consultant
			 services.
(4) The state agency or
			 educational institution shall give the non-MWBE firm equal consideration as
			 other vendors utilizing certified MWBE vendors in evaluating the bids or
			 requests for proposal. The state agency or educational institution may count
			 the credit toward its annual overall goals.
(5) The credit obtained by an agreement of
			 intent shall only be used once. Additional credits may be obtained by filing
			 additional agreements of intent with OMWBE.
(6) If credits on file with OMWBE are invoked
			 by the non-MWBE firm on more than one outstanding bid or proposal, the credits
			 shall be utilized on the first contract awarded.
(7) The state agency letting a contract shall
			 contact the OMWBE to verify the existence of credits on file at the time an
			 apparent low bidder using business partnership credits to meet the MWBE
			 requirements of the contract is identified. The state agency letting the
			 contract shall notify the OMWBE of the award of the contract, and the number of
			 credits utilized by the non-MWBE firm to meet the MWBE requirements of the
			 contract.
(8) If credits are used
			 on one contract (first awarded), the non-MWBE firm, if the apparent low bidder,
			 may be allowed a period of up to twenty-four working hours to secure new or
			 additional MBE or WBE subcontractors. If written proof of subcontractors with
			 new or additional MBE or WBE firms is not provided to the agency within that
			 time, agency may award contract pursuant to WAC 326-40-020.
(9) The business partnership credits will
			 remain in the account established for the non-MWBE firm for one year after the
			 credits are accrued, or for one year from the time the contract in the
			 agreement of intent is completed, as stipulated in the agreement of intent. All
			 unused credit will be voided six months after the effective date, in the event
			 the business partnership program is discontinued.
Statutory Authority:
				  RCW
				  39.19.030(7). 89-24-050,
				  §
										326-50-050, filed 12/1/89,
				  effective 1/1/90. Statutory Authority:
				  Chapter
				  39.19 RCW. 85-24-010
				  (Order 85-10), §
										326-50-050, filed 11/25/85,
				  effective 3/1/86.