Or. Admin. R. 125-246-0220

Current through Register Vol. 63, No. 8, August 1, 2024

Section 125-246-0220 - Governor's Policy Advisor for Economic and Business Equity

(1) The Governor's Policy Advisor for Economic and Business Equity (formerly known as the "Director of Economic & Business Equity" and also known as the "Governor's Advocate's Office for Minority, Women and Emerging Small Business") was created in the Office of the Governor, and the Governor's Policy Advisor for Economic and Business Equity is the individual appointed by the Governor to advise the Governor, Legislature and Office of the Governor's Policy Advisor for Economic and Business Equity on issues related to the integration of Minority-owned, Women-owned, Veteran-owned, and Emerging Small Businesses into the mainstream of the Oregon economy and business sector. The Governor's Policy Advisor for Economic and Business Equity oversees the resolution of business concerns with Contracting Agencies impacting firms certified by the Certification Office for Business Inclusion and Diversity (COBID). Governor's Policy Advisor for Economic and Business Equity is also charged with maintaining the Oregon Opportunity Register and Clearinghouse to facilitate the timely notice of business and contract opportunities to COBID certified.

(2) The Certification Office for Business Inclusion and Diversity (COBID) administers the certification process for the Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Emerging Small Business (ESB), and Veteran Business Enterprise (VBE) Programs. As the sole certification authority in Oregon for Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and Emerging Small Businesses, COBID provides certification services for Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and Emerging Small Businesses according to ORS 200.025 and 200.055.

(3) A "Disadvantaged Business Enterprise" means a small business concern which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any corporation, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.

(4) An "Emerging Small Business" is a business with its principal place of business located in this State; a business with average annual gross receipts over the last three years not exceeding monetary limitations determined by the Certification Office for Business Inclusion and Diversity (COBID) annually based on the Consumer Price Index and has fewer than 29 employees; an independent business (not a subsidiary, affiliate, or successor company of another business whose average gross receipts would exceed the stated limits); and a business properly licensed and legally registered in this State.

(5) A "Minority or Women Business Enterprise" is a small business concern which is at least 51 percent owned by one or more minorities or women, or in the case of a corporation, at least 51 percent of the stock of which is owned by one or more minorities or women, and whose management and daily business operations are controlled by one or more of such individuals, according to ORS 200.005.

(6) A "Veteran-Owned Business" or "Veteran Business Enterprise"means a small business concern which is at least 51 percent owned by one or more service-disabled Veterans, or in the case of a corporation, at least 51 percent of the stock of which is owned by one or more service-disabled Veterans, and whose management and daily business operations are controlled by one or more of such individuals, according to ORS 200.005. . "Veteran" has the meaning given that term in ORS 200.005.

(7) The general policy of the Department and these Rules is to expand economic opportunities for Disadvantaged, Minority-owned, Woman-owned, Veteran owned, and Emerging Small Businesses by exposing them to contracting and subcontracting opportunities available through Public Contracts, according to ORS 279A.105 and based upon the Legislative findings set forth in ORS 200.015.

(8) Each State Contracting Agency, as defined by ORS 279A.010, must support the participation of DBEs, MBEs, WBEs, VBEs, and ESBs in its purchasing processes by notifying the Governor's Policy Advisor for Economic and Business Equity as required under ORS 200.035.

(9) When a Public Improvement Contract is less than $100,000 and the Offerors are being drawn exclusively from a list of certified Emerging Small Businesses maintained by the COBID, the Contracting Agency may Contract without formal competitive sourcing methods after a good faith effort to obtain a minimum of three competitive Quotes from Emerging Small Businesses. To obtain maximum exposure for all firms and guard against favoritism, care must be taken to obtain Quotes from different firms each time the list is used. The Contracting Agency must keep a Written record of the source and amount of the Quotes received and comply with the applicable requirements of this Rule.

(10) In carrying out the policy of affirmative action, a Contracting Agency may rely upon ORS 279A.100 and advice of legal counsel regarding its application.

(11) No Special Procurement according to ORS 279B.085 and no exemption according to ORS 279C.335 approved by the State Chief Procurement Officer waives or excepts the requirement of notice to the Governor's Policy Advisor for Economic and Business Equity in accordance with ORS 200.035 and any DAS policy.

(12) All State Contracting Agencies must comply with ORS 200.035 and applicable related Department statewide policy, notwithstanding the Public Contracting Code.

Or. Admin. R. 125-246-0220

DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05; DAS 5-2006, f. & cert. ef. 5-31-06; DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10; DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12; DAS 2-2016, f. 12-22-16, cert. ef. 1/1/2017; DAS 3-2018, amend filed 12/14/2018, effective 1/1/2019; DAS 5-2023, amend filed 12/29/2023, effective 1/1/2024

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070

Statutes/Other Implemented: ORS 279A.100 & 279A.105