Washington Administrative Code

(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 opera…

(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 with…

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, an…

(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.(2) If the applicant submits a declaration of c…

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. WSR 17-13-020, § 326-20-190, filed 6/12/17, effective 8/1/17. Statutory Authority: RCW 39.19.030(7). WSR 92-11-007,…

(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 y…

(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 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 …

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 i…

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 g…

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 Works10% MB…

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 a…

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 doll…

(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 th…

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 t…

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 participa…

(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 ser…

(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 financia…

(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:(…

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 awar…

(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 agen…

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,…

(1) Requests for approval. Any joint venture involving a certified business which is to be counted toward contract participation goals shall request approval from the awarding state agency or educational institution. The request must:(a) Be in writing;(b) Be accompanied by a writ…

It is the policy of the state of Washington to provide the maximum practicable opportunity for increased participation by minority and women-owned businesses in public works and the process by which goods and services are procured by state agencies and educational institutions fr…

For purposes of chapter 326-50 WAC;(1) "Non-MWBE firm" means a firm or business which is not certifiable as a MWBE under chapter 39.19 RCW and its implementing regulations, or a firm which has chosen not to seek certification as a MWBE;(2) Solely for purposes of participation pro…

(1) Purpose and intent. The primary purpose of this Participation Program I, hereinafter referred to as the business partnership program, is to increase opportunities for certified MWBEs to provide purchased goods and services, and architecture, engineering and other consultant s…

(1) Agreement of intent—Contents of agreement. In order to claim business partnership credit for contracts or other assistance provided to MWBEs, an agreement of intent must be filed with OMWBE by the non-MWBE firm within seven days of the commencement of the supplier-service con…

(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 c…

The parties to the agreement of intent (the non-MWBE firm and MWBE firm) reserve their rights to pursue legal remedies based upon the underlying contract between them. In the event of default by either party, appropriate action can be taken by either to assure compliance or to re…

The purpose of this program is to facilitate access to capital for minority and women's business enterprises certified under chapter 39.19 RCW. The intent of these rules is to increase the number of minority and women business owners participating in the program and decrease the …

The following words and terms have specific meaning as used in this chapter which may be different from their meaning elsewhere in this title.(1) "Business" means an entity that is certified as a MBE, WBE, MWBE or CBE under chapter 39.19 RCW.(2) "Office" means the Washington stat…

(1) The total principal amount of a single qualified loan shall not exceed one million dollars.(2) The total principal amount of qualified loans under the program that any one business may receive over the lifetime of the business shall not exceed five million dollars.(3) The tot…

All qualified public depositaries desiring to enroll a qualified loan in the linked deposit program shall complete and submit a loan enrollment form to the office for approval. The loan must be to a business certified under chapter 39.19 RCW and the form must be signed by the own…

Funding shall occur on a monthly basis as funds are available. First-time enrollments must be first to receive funding in the month they are approved. If available funds are insufficient to cover the remaining enrollments in a given month, the unfunded enrollments must be first t…

(a) Approved but unfunded enrollments on the effective date of these rules shall be funded prior to enrollments approved after the effective date of these rules.(b) The funding list will be reviewed and updated each month in a manner that maintains the priority of first-time enro…

Qualified public depositaries shall report current loan balances each month on all loans to the treasurer.[Statutory Authority: RCW 39.19.030, 43.86A.060, and 2007 c 500 §§ 1 and 2. WSR 08-03-116, § 326-70-065, filed 1/22/08, effective 2/22/08.]

This chapter shall apply to all enrollment requests to the linked deposit program: Provided, That sections WAC 326-70-050 and 326-70-060 shall apply only to enrollments approved after the effective date of the rules adoption. Enrollments received prior to the effective date of th…

This chapter is promulgated pursuant to RCW 35.58.273 and is intended to administratively implement that statutory provision.[Statutory Authority: RCW 35.58.273. WSR 84-07-034 (Resolution No. 4328), § 330-01-010, filed 3/19/84.]

The municipality of metropolitan Seattle is a municipal corporation as authorized by chapter 35.58 RCW and defined in RCW 35.58.020(1). The municipality of metropolitan Seattle has established procedures for adopting its own resolutions, rules, and regulations, in accordance with…

(1) The purpose of this rule is to provide detailed procedures for public participation and hearings in certain situations involving the location and design of a mass rapid transit system. A hearing on the location of the route of the proposed system is called a "corridor public …

(1) This rule applies in a specific situation involving the planning and design of mass rapid transit systems.(2) This rule applies only when the municipality:(a) Proposes to approve and construct a specific mass rapid transit system; and(b) Will acquire right of way or construct…

(1) "Corridor" means a pathway for mass rapid transit. It is synonymous with words such as "route," "route location," "route proposal," "location of the system," and "alignment." In this chapter, a corridor refers to a route used by a substantial portion of vehicles in the overal…

(1) Generally speaking, the municipality will provide an opportunity for public hearings before locating, designing, and building a system that has substantial impacts (see subsection (2) of this section for a technical explanation). If the municipality already has a system opera…

(1) The municipality may hold corridor and design public hearings concurrently with any other public hearings on a proposed mass rapid transit system. Corridor or design public hearings may be combined with a public comment period at a meeting of the council or transit committee …

(1) The municipality shall conduct corridor and design public hearings whenever the municipality is a lead agency for an EIS on a proposed system which meets the criteria of WAC 330-01-040.(2) If the municipality holds corridor or design public hearings concurrently with public h…

(1) No EIS. When this chapter applies to a proposal, but an EIS is not being prepared, the municipality shall nonetheless provide an opportunity for public hearings by following the procedures in this section.(2) Notice of opportunity for hearings. The municipality shall publish …

(1) What do these rules do? The department's practices and procedures rules, set out in this chapter, govern the method, time and place for challenging department actions and the procedures for conducting an adjudicative proceeding of that challenge.(2) Do these rules govern my i…

Is review under the Administrative Procedure Act available for proprietary decisions? No. This section, concerning administrative review, is not available for proprietary decisions. Under RCW 34.05.010(3), sales, leases, contracts, or other proprietary decisions in the management…

What happens if I don't file a timely challenge of a department action? You may be precluded from filing any challenge if you do not timely file your challenge with the department under these rules.[Statutory Authority: RCW 34.05.220. WSR 08-16-095, § 332-08-003, filed 8/5/08, ef…

(1) "Adjudicative proceeding" means a proceeding before an agency in which an opportunity for hearing before that agency is required by statute or constitutional right before or after the entry of an order by the agency. This definition includes an agency's or quasi-judicial boar…