WSR 97-13-067

PROPOSED RULES

OFFICE OF MINORITY AND

WOMEN'S BUSINESS ENTERPRISES

[Filed June 17, 1997, 4:22 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-09-093.

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

Purpose: To implement RCW 39.19.030(4) and encourage MWBE 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 1996 levels for each class of contract. The state will continue to administer this rule flexibly.

Reasons Supporting Proposal: The office's review of reasonable obtainable information indicates that current goal levels are consistent with the statutory mandate.

Name of Agency Personnel Responsible for Drafting: Juan Huey-Ray, 406 South Water, Olympia, WA 98504, (360) 586-1228; Implementation and Enforcement: James A. Medina, 406 South Water, Olympia, WA 98504, (360) 586-9679.

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

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, as it is designed to assist small businesses seeking contracting opportunities with state agencies. However, any impact will be negligible, because the goals proposed for 1997 - 98 are the same as those implemented during 1996 - 97. 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 of Minority and Women's Business Enterprises, 406 South Water, Olympia, WA 98504, on July 22, 1997, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Tammi Hazlitt by July 15, 1997, (360) 753-9691.

Submit Written Comments to: Juan Huey-Ray, Rules Coordinator, FAX (360) 586-1228, by July 15, 1997.

Date of Intended Adoption: July 23, 1997.

June 17, 1997

James A. Medina

Director

AMENDATORY SECTION (Amending WSR 96-14-064, filed 6/28/96, effective 7/29/96)

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, ((1996)) 1997, through June 30, ((1997)) 1998,

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