Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-140 - CLEAN ENERGY LABOR STANDARDS CERTIFICATION › Section 296-140-002 - Labor standard certification for Category 1 clean energy projects under RCW 82.08.962 and 82.12.962

Current through Register Vol. 24-14, July 15, 2024
(1) To qualify for
			 department certification for the 50 percent retail sales and use tax remittance
			 for machinery and equipment installed and the labor and services rendered in
			 respect to installing the machinery and equipment, a Category 1 clean energy
			 project 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. 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;
(ii) Have 5.5
			 percent of the contract dollars awarded to minority-owned businesses, 9.5
			 percent of the contract dollars awarded to women-owned businesses, and five
			 percent of the 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; 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 are not legitimate causes for the rejection or non-solicitation 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.