PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF TRANSPORTATION
[Filed April 28, 2020, 10:54 a.m.]
Subject of Possible Rule Making: Ensuring Title VI compliance on state funded contracts.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 47.01.101
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Per Title VI, 42 U.S.C. § 2000, the Washington state department of transportation (WSDOT) has an obligation to ensure all of our programs and services are free from discrimination. Should WSDOT have evidence of discrimination in the award and administration of state funded construction contracts, in the form of a disparity study, WSDOT shall require contractors and consultants to submit an inclusion plan, which will demonstrate the actions they will take to ensure the contracts they are working under are free from discrimination.
Contractors and consultants shall supply an inclusion plan with the bids and proposal. If these inclusion plans do not sufficiently demonstrate actions that the contractor or consultant will use to mitigate discrimination on their projects, then the bid or proposal will be considered nonresponsive. This rule will apply to the department of transportation's contract award process to reduce and discourage discrimination in WSDOT's contracting.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable.
Process for Developing New Rule: Agency study.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jackie Bayne, 310 Maple Park Avenue S.E., Olympia, WA 98501, phone 360-705-7084, fax 360-705-6801, TTY 711, email BayneJ@wsdot.wa.gov, website www.wsdot.wa.gov/equalopportunity.
April 28, 2020
Kara Larsen, Director
Risk Management and
Legal Services Division