reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-081 - Independence

Current through Register Vol. 24-14, July 15, 2024
Only an independent business may be certified. An independent
				business is one the viability of which does not depend on its relationship with
				another business or businesses.
(1) In
			 determining whether a potential certified business is an independent business,
			 the office must scrutinize relationships with noncertified businesses in areas
			 such as personnel, facilities, equipment, financial or bonding support, and
			 other resources.
(2) The office
			 must consider whether present or recent employer and employee relationships
			 between the disadvan-taged owner(s) of the potential certifiable business and
			 non-certified business or persons associated with noncertified businesses
			 compromise the independence of the potential certifiable business.
(3) The office must examine the business's
			 relationships with prime contractors to determine whether a pattern of
			 exclusive or primary dealings compromises the independence of the potential
			 certifiable business.
(4) In
			 considering factors relating to the independence of a potential certifiable
			 business, the office must consider the consistency of relationships between the
			 potential certifiable business and noncertifiable businesses with normal
			 industry practice.
Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-081, filed 5/11/92,
				  effective 6/11/92; 89-24-047, §
										326-20-081, filed 12/1/89,
				  effective 1/1/90.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-086 - Native Americans-Native Hawaiians-Alaska native corporations

Current through Register Vol. 24-14, July 15, 2024
(1) A firm owned by
			 a Native American tribe, native Hawaiian organization, or Alaska native
			 corporation, rather than by individuals, may be eligible for certification.
			 Such a firm must meet the size standards of WAC
			 326-20-096 and be
			 controlled by a socially and economically disadvantaged individual(s) per WAC
			 326-20-080.
(2) A firm owned by a Native American tribe,
			 native Hawaiian organization, or Alaska native corporation will not be
			 considered affiliated with other businesses owned by the tribe, organization,
			 or corporation if there is a firewall, such as a legally binding mechanism, in
			 place to prevent firms from accessing the resources of the tribe's,
			 organization's, or corporation's other businesses.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-087 - Public works small business enterprise

Current through Register Vol. 24-14, July 15, 2024
(1) To foster
			 small business participation, a race and gender-neutral certification program
			 is created to eliminate obstacles to small business participation.
(2) Public works small business is a race and
			 gender-neutral certification program that does not require social disadvantage
			 under WAC
			 326-20-046. Other certification
			 criteria, such as proof of economic disadvantage, ownership, business size, and
			 control are required to be eligible for this program.
(3) Whenever issues arise regarding
			 eligibility based on personal net worth, business size, ownership, and control
			 which cannot be resolved by reference to these regulations,  49 C.F.R. Part 26
			  shall provide guidance to resolve such issues.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-092 - Small business concern requirement (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   39.19.030. 04-08-075, §
										326-20-092, filed 4/5/04,
				  effective 5/6/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-092, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-09-047
				  (Order 88-5), §
										326-20-092, filed
				  4/18/88.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-095 - Determination of firm size (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   39.19.030. 04-08-075, §
										326-20-095, filed 4/5/04,
				  effective 5/6/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-095, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-09-047
				  (Order 88-5), §
										326-20-095, filed
				  4/18/88.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-096 - Size standard (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   39.19.030. 04-08-075, §
										326-20-096, filed 4/5/04,
				  effective 5/6/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-096, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-09-047
				  (Order 88-5), §
										326-20-096, filed
				  4/18/88.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-098 - Applicability of federal regulations

Current through Register Vol. 24-14, July 15, 2024
Whenever issues arise regarding whether a business qualifies as
				a small business concern which cannot be resolved by reference to these
				regulations,  49 C.F.R. Part 26  shall provide guidance to resolve such
				issues.
Statutory Authority:
				  RCW
				  39.19.030. 04-08-075, §
										326-20-098, filed 4/5/04,
				  effective 5/6/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-098, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-09-047
				  (Order 88-5), §
										326-20-098, filed
				  4/18/88.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-099 - Small business concern requirement and size standards

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to meeting the ownership and
			 control requirements of chapter 39.19 RCW, a business must qualify as a small
			 business concern for certification eligibility or recertification.
(a) A small business concern is a business
			 that is independently owned and operated, is not dominant in its field of
			 operations, and does not exceed the size limitations as set forth in the
			 current table of North American Industrial Classification System (NAICS) codes
			 or corresponding industry size standards as set forth in 49 C.F.R. Part 26 and
			 amendments or inflationary adjustments thereof.
(b) The number of employees or amount of
			 annual receipts listed as the size standard for each NAICS code indicates the
			 maximum allowed for a business, including its affiliates, to qualify as a small
			 business concern.
(c) The office's
			 determination of whether a business qualifies as a small business concern must
			 be, whenever possible, based on criteria consistent with the small business
			 requirements defined under section 3 of the Small Business Act,
			 15
			 U.S.C. 632, and its implementing regulations,
			 taking into consideration statewide markets.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-115 - Signatures of applicant business owners (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-115, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 85-20-058
				  (Order 85-9), §
										326-20-115, filed
				  9/26/85.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-120 - Submittal of forms

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   39.19.030. 11-11-030, §
										326-20-120, filed 5/11/11,
				  effective 6/11/11. Statutory Authority:
				  RCW
				   39.19.030 and
				  39.19.120. 04-08-093, §
										326-20-120, filed 4/6/04,
				  effective 5/7/04. Statutory Authority:
				  RCW
				   39.19.030. 94-11-114, §
										326-20-120, filed 5/18/94,
				  effective 6/18/94. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-120, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 85-14-101
				  (Order 85-6), §
										326-20-120, filed 7/2/85.
				  Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order 83-3), §
										326-20-120, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-125 - Processing fee

Current through Register Vol. 24-14, July 15, 2024
The office shall charge a nonre-fundable fee for certification
				or recertification based upon the legal organizational structure of the
				business, as follows: Fifty dollars for a sole proprietorship, $75 for a
				partnership (general or limited), and $100 for all other legal organizational
				structures; e.g., corporation or limited liability company: Provided, however,
				That the office shall only charge a $25 fee when the application requests
				DBE-only certification or recertification for all business legal organizational
				structures. The office shall also charge a nonrefundable $20 fee for processing
				annual updates for all business legal organizational structures. The business
				must submit the fee with the application for certification, recertification, or
				annual update. The business applying for DBE-only certification may request a
				waiver of the fee. The request for fee waiver must be submitted to the office
				in writing. The office will review the request and make a determination in
				accordance with the Washington state department of transportation (WSDOT) DBE
				plan. An application is not deemed to be received by the office until the
				required fee is received by the office or the request of waiver of the fee has
				been approved by the office. The office may waive processing fees for the
				purpose of reducing barriers to certification. When the office waives fees, the
				office will publish notice of the conditions and duration of the waiver
				prominently on its website.
Statutory Authority:
				  RCW
				   39.19.210. 04-08-074, §
										326-20-125, filed 4/5/04,
				  effective 5/6/04. Statutory Authority:
				  RCW
				   39.19.030. 94-11-115, §
										326-20-125, filed 5/18/94,
				  effective 6/18/94. Statutory Authority: 1993 c 195. 93-16-080, §
										326-20-125, filed 8/3/93,
				  effective 9/3/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-130 - Processing applications - Time

Current through Register Vol. 24-14, July 15, 2024
The office will process all applications as promptly as its
				resources permit. The office does not guarantee that any application will be
				processed within any certain time period and the inability to process an
				application by a certain time shall not subject the office or the state to
				liability.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-11-007,
				  §
										326-20-130, filed 5/11/92,
				  effective 6/11/92. Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order
				  83-3), §
										326-20-130, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-140 - Duty to cooperate

Current through Register Vol. 24-14, July 15, 2024
The owners shall have the duty to cooperate fully in the
				office's investigation of the application, including promptly submitting any
				additional information requested by the office. This duty shall continue after
				the business is certified. In addition to any other penalties provided by law,
				the submission of false information to the office in connection with an
				application for certification or renewal of certification shall be grounds for
				denial of certification, or decertification.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-11-007,
				  §
										326-20-140, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-22-017
				  (Order 88-9), §
										326-20-140, filed 10/24/88.
				  Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order 83-3), §
										326-20-140, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-150 - On-site investigations

Current through Register Vol. 24-14, July 15, 2024
The office may, whenever it deems necessary, conduct
				unannounced on-site investigations into the operations of a business. By
				submitting the certification application form, an applicant agrees that the
				office may conduct such investigations at any time.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-11-007,
				  §
										326-20-150, filed 5/11/92,
				  effective 6/11/92. Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order
				  83-3), §
										326-20-150, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-160 - Burden of proof

Current through Register Vol. 24-14, July 15, 2024
The applicant has the burden of proving by a preponderance of
				the evidence that the applicant is eligible for certification or renewal of
				certification.
Statutory Authority:
				  RCW
				   39.19.030 and
				  39.19.120. 04-08-093, §
										326-20-160, filed 4/6/04,
				  effective 5/7/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-160, filed 5/11/92,
				  effective 6/11/92. Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order
				  83-3), §
										326-20-160, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-170 - Decision

Current through Register Vol. 24-14, July 15, 2024
The office shall notify the applicant business of its decision
				to grant or deny certification promptly after the decision has been made. The
				decision shall indicate whether the certification is for the state program, a
				federal program or both. Where the office has denied the application, the
				decision shall set forth the bases for denial. Where the office has denied
				certification because the business did not meet one or more of the eligibility
				criteria, this shall not preclude the office from later denying the application
				on additional bases after further review.
Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-170, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 85-07-006
				  (Order 85-2), §
										326-20-170, filed 3/8/85.
				  Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order 83-3), §
										326-20-170, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-171 - Denial of certification - Brief adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1) If the office has reached the conclusion
			 that an application for certification should be denied, the office shall notify
			 the applicant in writing of its denial of certification. Within twenty days of
			 receipt of this notification, the applicant may request a brief adjudicative
			 proceeding under WAC
			 326-08-012, Application for and
			 conduct of brief adjudicative proceedings. The written request for a review of
			 the decision must contain the information specified in subsection (2) of this
			 section.
(2) A request for brief
			 adjudicative proceeding must set forth in detail the reasons the applicant
			 believes the office's decision to deny certification is in error and include
			 any additional information and documentation the applicant has to
			 offer.
(3) When an applicant
			 requests a brief adjudicative proceeding, the finality of the denial for appeal
			 purposes is stayed until the brief adjudicative proceeding is
			 complete.
(4) Upon receipt of a
			 timely request for a brief adjudicative proceeding the office will review any
			 additional information provided by the applicant, and may conduct further
			 investigation, and/or schedule a meeting with the applicant.
(5) The office will notify the applicant in
			 writing of its decision either to affirm the denial or to grant
			 certification.
Statutory Authority:
				  RCW
				  39.19.030. 11-11-030, §
										326-20-171, filed 5/11/11,
				  effective 6/11/11. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-171, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-09-047
				  (Order 88-5), §
										326-20-171, filed 4/18/88;
				  86-17-018 (Order 86-2), §
										326-20-171, filed
				  8/11/86.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-172 - Decertification of firms

Current through Register Vol. 24-14, July 15, 2024
(1) A business
			 may be decertified at any time the office determines that the business does not
			 meet the current criteria for eligibility. A certified business shall notify
			 the office, in writing, within thirty calendar days of any changes in its size,
			 ownership, control, or operations. Failure to provide such notice in a timely
			 manner may lead to decertification.
(2) When the office has determined that a
			 certified business (a) no longer meets the certification criteria or (b) failed
			 to supply additional information requested by the office in a timely manner, or
			 (c) failed to give timely notice of changes, the office will provide the
			 business with written notice of decertification.
(3) When a certified business notifies the
			 office that it is no longer in business, has sold the business, or no longer
			 wishes to remain certified, or when the certified business fails or refuses to
			 return the renewal of certification form, the office will notify the business
			 in writing of its decertification.
(4) Upon receipt of a notice of
			 decertification letter, the business may request a brief adjudicative
			 proceeding under WAC
			 326-08-012, Application for and
			 conduct of brief adjudicative proceedings.
The request for brief adjudicative proceeding must be received
				by the office within twenty calendar days of receipt of the notice of
				decertification to the firm. The request for a brief adjudicative proceeding
				must set forth the reasons the business believes the office's decision to
				decertify is in error and must include any additional information and
				documentation the business has to offer.
(5) If the office has not received a request
			 for a brief adjudicative proceeding nor any additional written documentation
			 within twenty days of receipt of the notice of decertification letter, the
			 decision to decertify becomes final, with no further rights to contest or
			 appeal the decision.
(6) Upon
			 receipt of the request for a brief adjudicative proceeding, the office will
			 review the request and any additional information provided and may conduct
			 further investigation and/or request that the owner(s) attend the brief
			 adjudicative proceeding. The office will thereafter notify the business in
			 writing of its decision to either affirm or reverse the firm's
			 decertification.
(7) If the
			 decision to decertify is appealed, the business shall remain certified until:
(a) The time provided by WAC
			 326-08-012 for appeal of the
			 decision to decertify has expired without action by the business; or
(b) The entry of a final decertification
			 order issued by the director pursuant to WAC
			 326-08-130.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-173 - Expiration of certification upon death or disability of owner of certified business

Current through Register Vol. 24-14, July 15, 2024
(1) Upon death
			 or commencement of long-term disability of the minority, woman, or socially and
			 economically disadvantaged owner of a certified business, the guardian of the
			 disabled owner, the executor of the owner's estate, or other person shall
			 notify the office in writing within thirty days of the death or documented
			 disability. All notifications of long-term disability shall be documented by a
			 statement from a qualified physician.
(2) "Long-term disability," for purposes of
			 this section, shall mean the permanent inability to work, or inability to
			 control the day-to-day operations of the business for a period of three
			 consecutive months (ninety days or more), including both mental or physical
			 incompetence.
(3) The certification
			 of a business shall expire thirty days after receipt by the office of a notice
			 of a death or documented disability of the owner of the business. Upon
			 expiration of certification, the office shall notify the firm, in writing, that
			 it has been decertified. The decertification decision will be considered final
			 for purposes of WAC
			 326-08-015.
Statutory Authority:
				  RCW
				  39.19.030 and
				  39.19.120. 04-08-093, §
										326-20-173, filed 4/6/04,
				  effective 5/7/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-173, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-22-017
				  (Order 88-9), §
										326-20-173, filed
				  10/24/88.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-180 - Effect of certification

Current through Register Vol. 24-14, July 15, 2024
Certification by OMWBE under the state program shall have the
				following effects:
(1) [Certification
			 shall entitle state agencies, educational institutions, and local government
			 jurisdictions to count the business toward meeting their goals under this
			 chapter, local legislation, and that require the participation of disadvantaged
			 business enterprises. Certification shall be effective as of the date the
			 decision is made in writing and will remain in effect for three years; except
			 that the certification of DBEs shall be updated annually.
(2) Certification does not constitute
			 compliance with any other laws or regulations, including contractor
			 registration or prequalification, and does not relieve any business of its
			 obligations under other laws or regulations. Certification does not constitute
			 any determination by the office that the firm is responsible or capable of
			 performing any work.]
(3)
			 Certification as a minority business enterprise (MBE), minority woman [women's]
			 business enterprise (MWBE), women's business enterprise (WBE), or combination
			 business enterprise (CBE) satisfies the threshold requirement for a qualifying
			 loan under
			 RCW
			  43.86A.060(2)(c).
Statutory Authority:
				  RCW
				  39.19.030,
				  43.86A.060, and 2007 c 500
				  §§ 1 and 2. 08-03-116, §
										326-20-180, filed 1/22/08,
				  effective 2/22/08. Statutory Authority:
				  RCW
				   39.19.030 and
				  39.19.120. 04-08-093, §
										326-20-180, filed 4/6/04,
				  effective 5/7/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-180, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-09-047
				  (Order 88-5), §
										326-20-180, filed 4/18/88;
				  84-09-002 (Order 84-5), §
										326-20-180, filed 4/5/84.
				  Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order 83-3), §
										326-20-180, filed
				  10/28/83.
Reviser's note:
RCW
				   34.05.395 requires the use of underlining and
				  deletion marks to indicate amendments to existing rules, and deems ineffectual
				  changes not filed by the agency in this manner. The bracketed material in the
				  above section does not appear to conform to the statutory
				  requirement.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-185 - Renewal

Current through Register Vol. 24-14, July 15, 2024
(1) State
			 certification is valid for three years, unless:
(a)The office decertifies the firm;
			 or
(b) The firm goes out of
			 business or has a material change in ownership, which is considered more than a
			 ten percent change in ownership.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-190 - Directory of certified businesses

Current through Register Vol. 24-14, July 15, 2024
The office will maintain a directory of businesses certified
				by the office for state projects and for federally funded
				projects.
Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-190, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 85-07-006
				  (Order 85-2), §
										326-20-190, filed 3/8/85.
				  Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order 83-3), §
										326-20-190, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-220 - Resubmission of applications

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 business which withdraws its application and subsequently reapplies for
			 certification within a year may be required to submit a new application and
			 additional documentation at the discretion of the office. A business may not
			 file more than two applications in any calendar year.
(2) A business which is denied certification,
			 or has been decertified, will be required to submit a new application and may
			 be asked to submit additional documentation. The office may waive the
			 reapplication requirement for good cause.
(3) An applicant must wait one calendar year
			 to reapply if denied certification.
(4) A business which makes a change in
			 ownership, control, or organization of the business after denial or
			 decertification is not entitled to appeal the denial or decertification on the
			 basis of that change.
Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-220, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 86-17-018
				  (Order 86-2), §
										326-20-220, filed 8/11/86.
				  Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order 83-3), §
										326-20-220, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-230 - Factors considered in determining performance of commercially useful function

Current through Register Vol. 24-14, July 15, 2024
(1) A business
			 performs a commercially useful function when:
(a) The work to be performed by the business
			 is within the scope of work included in the North American Industrial
			 Classification System code(s) that the business is certified under or applying
			 to be certified under.
(b) The
			 business is or will be responsible for executing a distinct element of work in
			 the performance of a contract and is carrying out its responsibilities by
			 actually performing, managing, and supervising the work involved; and
(c) The business is responsible,
			 with respect to materials and supplies used on the contract, for negotiating
			 price, determining quality and quantity, ordering the material, and installing
			 (when applicable) and paying for the material itself.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-30 - Goals and goal setting › Section 326-30-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of chapter 120, Laws of 1983 and of this chapter is
				to provide the maximum practicable opportunity for increased participation by
				minority and women-owned businesses in public works contracts and in contracts
				for the procurement of goods and services from the private sector for state
				agencies and educational institutions.
These rules set forth the procedures by which individual
				contract goals and the overall annual goals for participation of certified
				business enterprises are set and reviewed; and the procedures to be used by the
				office in monitoring compliance.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-20-079,
				  §
										326-30-010, filed 10/6/92,
				  effective 11/6/92. Statutory Authority: 1983 c 120. 84-03-005 (Order 83-7),
				  §
										326-30-010, filed
				  1/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-30 - Goals and goal setting › Section 326-30-020 - Scope

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to all public works, personal service
				contracts, and procurement from the private sector of goods and services by
				state agencies and educational institutions not expressly exempted or excluded
				by this chapter.
These rules do not pertain to agency/educational institution
				expenditures such as: Amortization; debt service; depreciation; employee
				benefits including but not limited to mileage, per diem, relocation expenses,
				and salaries; per diem for prospective state employees, members of
				institutions' boards and agencies' commissions; postage; relocation expenses
				for prospective employees; and transfers of charges.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-20-079,
				  §
										326-30-020, filed 10/6/92,
				  effective 11/6/92. Statutory Authority: 1983 c 120. 84-03-005 (Order 83-7),
				  §
										326-30-020, filed
				  1/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-30 - Goals and goal setting › Section 326-30-030 - Procedure for setting overall annual goals

Current through Register Vol. 24-14, July 15, 2024
The director of the office of minority and women's business
				enterprises will establish overall annual goals for participation in state
				contracts by qualified MBEs and WBEs for all state agencies and educational
				institutions. The annual period shall be the state fiscal year. The goals will
				be a percentage of the reporting base which includes all expenditures for
				public works, personal services, and for the procurement of goods and services
				by state agencies and educational institutions.
(1) Time for establishment of goals. The
			 overall annual goals will be adopted each year by June 15.
(2) Distribution. The overall annual goals
			 will be distributed to the head of each agency and educational institution on
			 or before June 30 each year.
(3)
			 Process used to establish goals. The director will review the overall annual
			 goals each year and establish goals for the upcoming year. In establishing the
			 new goals, the director shall consider the following categories of information,
			 to the extent that such data is reasonably obtainable: (a) The number of
			 certified businesses available to perform work in each class of contract; (b)
			 the state's success in attaining goals over the last year; (c) information
			 regarding the percentage of available MBEs and WBEs as compared to the
			 percentage of dollars awarded to MBEs and WBEs, per class of contract; (d)
			 information indicating discrimination against minority and women-owned
			 businesses in each class of contract; (e) and such other relevant information
			 as may be available.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-20-079 and
				  92-20-124, §
										326-30-030, filed 10/6/92 and
				  10/7/92, effective 11/6/92 and 11/7/92; 90-06-040, §
										326-30-030, filed 3/1/90,
				  effective 4/1/90. Statutory Authority: 1983 c 120. 84-03-005 (Order 83-7),
				  §
										326-30-030, filed
				  1/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-30 - Goals and goal setting › Section 326-30-041 - Annual goals

Current through Register Vol. 24-14, July 15, 2024
The annual overall goals for participation by certified firms
				in the public works, other contracting, and procurement of each state agency
				and educational institution, subject to this chapter, shall be as
				follows:
July 1, 2000, through June 30, 2001,
Construction/Public Works
10% MBE
6% WBE
Architect/Engineering
10% MBE
6% WBE
Purchased Goods
8% MBE
4% WBE
Purchased Services
10% MBE
4% WBE
Professional Services
10% MBE
4% WBE
Statutory Authority:
				  RCW
				  39.19.030(7). 00-17-059,
				  §
										326-30-041, filed 8/9/00,
				  effective 9/9/00; 98-20-005, §
										326-30-041, filed 9/24/98,
				  effective 10/25/98; 97-16-073 §
										326-30-041, filed 8/4/97,
				  effective 9/4/97; 96-14-064, §
										326-30-041, filed 6/28/96,
				  effective 7/29/96; 95-19-014, §
										326-30-041, filed 9/7/95,
				  effective 10/8/95; 95-10-086, §
										326-30-041, filed 5/3/95,
				  effective 6/3/95; 94-03-068, §
										326-30-041, filed 1/14/94,
				  effective 2/14/94; 92-20-079, §
										326-30-041, filed 10/6/92,
				  effective 11/6/92.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-30 - Goals and goal setting › Section 326-30-046 - Procedures for setting goals on individual transactions

Current through Register Vol. 24-14, July 15, 2024
Each agency and educational institution shall establish goals
				for the participation of MBEs and WBEs on individual purchases and contracts.
				Factors to be considered include, but are not limited to:
(1) The number of MBEs and WBEs available to
			 perform work in the contract;
(2)
			 The agency/educational institution's success in attaining goals during the
			 current year;
(3) Whether there is
			 an opportunity to facilitate the entry of certified businesses into industries
			 in which such firms are underrepresented.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-20-079,
				  §
										326-30-046, filed 10/6/92,
				  effective 11/6/92.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-30 - Goals and goal setting › Section 326-30-051 - Counting participation toward agency and educational institution goals

Current through Register Vol. 24-14, July 15, 2024
The office will count an agency's or educational institution's
				expenditures to certified businesses toward goal attainment as follows:
(1) Prime contractors and consultants.
(a) Where a certified business performs a
			 commercially useful function in the work of the contract, the dollar value of
			 expenditures to the business for such work will be counted toward the agency or
			 educational institution's goal attainment according to the certification status
			 of the business.
(b) Where a
			 certified business is a partner in a joint venture, and the business performs a
			 commercially useful function in the work of the contract, only the dollar value
			 of expenditures to the certified business which is commensurate with its
			 interest in the joint venture will be counted toward the agency or educational
			 institution's goal attainment according to the certification status of the
			 business.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-30 - Goals and goal setting › Section 326-30-061 - Effect of decertification, after commencement of work, on counting participation

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Where a certified business is decertified after it has begun work on a
			 contract, for reasons other than having exceeded the size standard, only the
			 dollar value of expenditures to the business made prior to the date of
			 decertification plus sixty days will be counted toward the agency's or
			 educational institution's overall annual goal attainment.
(2) Where a certified business is decertified
			 because it was found to exceed the size standard after it has begun work on a
			 contract, the dollar value of all expenditures to the business for work which
			 constitutes a commercially useful function until the completion of that
			 contract will be counted toward the agency's or educational institution's
			 overall annual goal attainment.
(3)
			 Where a certified business is decertified pursuant to WAC
			 326-20-173, i.e., because of the
			 owner's death or disability, the dollar value of all expenditures to the
			 business prior to the date of decertification plus sixty days will be counted
			 toward the agency's or educational institution's overall annual goal
			 attainment: Provided, That the business performed a commercially useful
			 function in the contract.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-20-124,
				  §
										326-30-061, filed 10/7/92,
				  effective 11/7/92.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-30 - Goals and goal setting › Section 326-30-110 - Monitoring of compliance with chapter 39.19 RCW

Current through Register Vol. 24-14, July 15, 2024
The office will monitor the performance of each state agency
				and educational institution and generate periodic status reports for their
				internal use from data developed pursuant to WAC
				326-40-050.
The office will issue a report annually on the total
				expenditures of the state and the dollars expended with certified businesses by
				each agency and educational institution. The report will include the percentage
				paid to certified businesses. The report will be provided to the governor and
				the legislature as required by
				RCW
				 39.19.030(8).
Statutory Authority:
				  RCW
				  39.19.030(7). 92-20-124,
				  §
										326-30-110, filed 10/7/92,
				  effective 11/7/92. Statutory Authority: 1983 c 120. 84-03-005 (Order 83-7),
				  §
										326-30-110, filed
				  1/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-40 - Agency/educational institution operating procedures › Section 326-40-030 - State agency and educational institution responsibilities

Current through Register Vol. 24-14, July 15, 2024
Each state agency and educational institution shall:
(1) Adopt, update as necessary, and implement
			 a plan for achieving the annual class of contract goals and ensuring that
			 certified businesses are afforded the maximum practicable opportunity to
			 directly and meaningfully participate in its contracts for public works and the
			 procurement of goods, equipment, and services. The initial plan shall be filed
			 with the office to be effective July 1, 1993.
(2) Monitor its contractors and vendors at
			 time of bid, proposal, or quote submittal, and after award, and take the
			 appropriate action(s) as needed to enforce compliance with requirements set
			 pursuant to
			 chapter
			 39.19 RCW and the
			 provisions of Title 326 WAC.
(3)
			 Waive the requirement for a performance bond on any public works project that
			 does not exceed twenty-five thousand dollars awarded to a business certified by
			 the office; Provided, That the agency or educational institution prequalifies
			 the business using a limited questionnaire which assures:
(a) That the bidder has adequate financial
			 resources or the ability to secure such resources;
(b) That the bidder can meet the performance
			 schedule;
(c) That the bidder is
			 experienced in the type of work to be performed; and
(d) That all equipment to be used is adequate
			 and functioning and that all equipment operators are qualified to operate such
			 equipment.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-40 - Agency/educational institution operating procedures › Section 326-40-040 - Contents of state agency and educational institution's plan

Current through Register Vol. 24-14, July 15, 2024
(1) Each plan shall
			 include the following:
(a) A statement of
			 commitment from the director or agency head to achieve the state's annual class
			 of contract goals and to maximize opportunities for certified businesses to
			 contract for public works and provide goods, equipment, and services;
(b) Identification of the person given the
			 responsibility and authority to ensure implementation of the plan;
			 and
(c) A listing of specific
			 measures the agency or educational institution will take to increase
			 participation of certified businesses.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-40 - Agency/educational institution operating procedures › Section 326-40-050 - Agency and educational institution reporting

Current through Register Vol. 24-14, July 15, 2024
(1) Each agency and educational institution
			 is required to provide data to the office on all expenditures not specifically
			 exempted or excluded by this chapter. The data shall be provided monthly on a
			 schedule that corresponds to the schedule established by the office of
			 financial management (OFM) for the transmission of data related to the state's
			 financial statement.
(2) The format
			 of the data shall be as follows:
(a)
			 Expenditure type identifier (1, 2, or 3).
(b) Agency/educational institution
			 number.
(c) Contractor/vendor
			 name.
(d) Contractor/vendor federal
			 tax number.
(e) OFM-defined
			 subobject code.
(f) Dollar amount
			 to contractor/vendor.
(g) Contract
			 number (when applicable).
(h)
			 Date.
(i) Biennium.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-40 - Agency/educational institution operating procedures › Section 326-40-060 - Determining compliance and counting participation at time of bid opening

Current through Register Vol. 24-14, July 15, 2024
(1) When a contract
			 is to be awarded to a certified business that performs a commercially useful
			 function as the prime contractor/consultant/vendor, the total contract value
			 may be counted toward the contract goal according to the certification status
			 of the business as follows:
(a) Minority
			 business enterprise (MBE): One hundred percent toward the MBE goal;
(b) Women's business enterprise (WBE): One
			 hundred percent toward the WBE goal;
(c) Minority woman business enterprise
			 (MWBE): One hundred percent toward the MBE goal or the WBE goal, but not
			 both;
(d) Combination business
			 enterprise (CBE): Fifty percent toward the MBE goal and fifty percent toward
			 the WBE goal. This procedure is to be used when the contract contains an
			 either/or goal or separate goal requirements. When the contract contains only
			 an MBE requirement or a WBE requirement, only one-half of the dollar value of
			 the CBE's total participation may be counted toward the single goal. A state
			 agency or educational institution will receive credit for the remaining fifty
			 percent toward its annual goal attainment.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-40 - Agency/educational institution operating procedures › Section 326-40-070 - Determination of commercially useful function

Current through Register Vol. 24-14, July 15, 2024
Whether the work to be performed by a certified business listed
				in a bid or proposal to a state agency or educational institution is a
				commercially useful function, as defined in WAC
				326-02-030(5),
				shall be determined by the state agency or educational institution making the
				award.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-20-079,
				  §
										326-40-070, filed 10/6/92,
				  effective 11/6/92.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-40 - Agency/educational institution operating procedures › Section 326-40-080 - Substitutions in contracts requiring participation of certified businesses

Current through Register Vol. 24-14, July 15, 2024
(1) PRIME
			 CONTRACTOR, VENDOR, OR CONSULTANT SUBSTITUTION.
(a) Prior to award of the contract: Where a
			 certified business that is the apparent low bidder is decertified or indicates
			 it is unable or unwilling to perform the contract prior to the award of the
			 contract, the state agency or educational institution may follow its usual
			 procedures for awarding to the next apparent low bidder, require the contractor
			 to meet goals by obtaining other certified businesses, or rebid.
(b) After award of the contract to a
			 certified prime contractor, vendor, or consultant, but prior to the start of
			 the work: Where the business is decertified or indicates that it is unable or
			 unwilling to perform the work after award of the contract, the agency or
			 educational institution may follow its usual procedures for awarding to the
			 next apparent low bidder, require the contractor to meet goals by obtaining
			 other certified businesses, or rebid. The agency or educational institution,
			 may, in its discretion, determine whether an increase in the amount of the
			 contract will be allowed based on the substitution.
(c) After start of work by a certified prime
			 contractor, vendor, or consultant, but prior to completion:
(i) Where the business is decertified after
			 commencing the work and the agency or educational institution determines that
			 substitution is impractical, the decertified contractor may continue to perform
			 the work.
(ii) Where a certified
			 prime contractor is unable or unwilling to complete the work, the agency or
			 educational institution shall follow its usual procedures to seek performance
			 of the contract, including the imposition of penalties or sanctions authorized
			 by the contract and may pursue all other remedies allowed by law.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-40 - Agency/educational institution operating procedures › Section 326-40-090 - Timely certification

Current through Register Vol. 24-14, July 15, 2024
Where competitive bidding is utilized, only businesses
				certified at the time of the submission of bids or proposals may be counted
				toward individual contract goals. Where competitive bidding is not utilized,
				only businesses certified at the time of award may be counted: Provided, That
				businesses participating under the provisions in WAC
				326-40-080 may also be
				counted.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-20-079,
				  §
										326-40-090, filed 10/6/92,
				  effective 11/6/92.