EXPEDITED RULES
WOMEN'S BUSINESS ENTERPRISES
Title of Rule: WAC 326-40-010 Criteria for bid specifications -- Monetary value and 326-40-020 Criteria for bid specifications -- Averaging participation.
Purpose: Establish procedures for implementation of chapter 39.19 RCW related to the award of contracts containing goals for minority and women's business enterprise participation.
Statutory Authority for Adoption: RCW 39.19.030.
Statute Being Implemented: Chapter 39.19 RCW.
Summary: These rules are being repealed to avoid any conflict with the letter or spirit of a new nondiscrimination policy statement set forth in RCW 49.60.400.
Reasons Supporting Proposal: On their face and standing alone, the procedures authorized by these rules give the appearance of according preferential treatment in public contracting to certain groups based on race and/or gender.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Juan Huey-Ray, Olympia, 704-1188.
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: These rules provide procedural guidance to state agencies and educational institutions on the consideration to be given to minority and women's business enterprise participation when making contract award decisions.
Proposal Changes the Following Existing Rules: The repeal
of these rules ensures that the award decision-making process
does not violate the nondiscrimination policy set forth in RCW 49.60.400 that became law subsequent to the adoption of these
rules.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Juan Huey-Ray, Office of Minority and Women's Business Enterprise, P.O. Box 41160, Olympia, WA 98504-1160 , AND RECEIVED BY October 1, 2001.
August 1, 2001
Juan Huey-Ray
Acting Director