WSR 00-13-112

PROPOSED RULES

OFFICE OF MINORITY AND

WOMEN'S BUSINESS ENTERPRISES

[ Filed June 21, 2000, 11:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-10-105.

Title of Rule: WAC 326-30-041 Annual goals.

Purpose: To implement RCW 39.19.030(4) and encourage minority and women owned business participation in state contracting and procurement.

Statutory Authority for Adoption: RCW 39.19.030(7).

Statute Being Implemented: RCW 39.19.030(4).

Summary: This proposal maintains goals at the 1999 levels for each class of contract. The goals establish benchmarks for measuring the progress made by the state in implementing the statute.

Reasons Supporting Proposal: This proposal is an interim measure to provide guidance to state agencies while the office develops new programs in keeping with changes in state law and the findings of the state's disparity-in-contracting study.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Juan Huey-Ray, 406 South Water, Olympia, WA 98504-1150, (360) 704-1188.

Name of Proponent: Office of Minority and Women's Business Enterprises, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: These goals are laudatory and are not to be used in deciding whether to award an individual contract or make an individual purchase.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule implements chapter 39.19 RCW by establishing target levels for minority and women's business participation in state contracting and procurement. Overall annual goals are established to be administered on a contract-by-contract basis. Progress, levels, and availability of certified firms are continually reviewed. The anticipated effect is increased opportunities for minority and women's business enterprises to participate in state contracts and procurements.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects small business, at it is designed to assist small businesses seeking contracting opportunities with state agencies. However, any impact will be negligible, because the goals proposed for Fiscal Year 2000 are the same as those implemented during Fiscal Year 1998.

Analysis is inappropriate under RCW 19.85.040, because the Office of Minority and Women's Business Enterprises does not have data from which to make comparison of costs, and because the effect, if any, is negligible.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Rule does not fall under subsection (5)(a)(i) or (ii).

Hearing Location: Office on Minority and Women's Business Enterprises, 406 South Water, Olympia, WA 98504-1160, on July 25, 2000, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Tammi Hazlitt by July 21, 2000, (360) 753-9691.

Submit Written Comments to: Cathy Canorro, Acting Rules Coordinator, 406 South Water, Olympia, WA 98504-1160, fax (360) 586-7079, by July 24, 2000.

Date of Intended Adoption: July 26, 2000.

June 21, 2000

Juan Huey-Ray

Acting Director

OTS-4145.1


AMENDATORY SECTION(Amending WSR 98-20-005, filed 9/24/98, effective 10/25/98)

WAC 326-30-041
Annual goals.

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, ((1998)) 2000, through June 30, ((1999)) 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). 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 State Code Reviser's Office